Bill Text: TX HB4423 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the establishment of the Psilocybin Research Advisory Council.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-03-21 - Referred to Public Health [HB4423 Detail]
Download: Texas-2023-HB4423-Introduced.html
By: Garcia | H.B. No. 4423 |
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relating to the establishment of the Psilocybin Research Advisory | ||
Council. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 106 to read as follows: | ||
CHAPTER 106. PSILOCYBIN RESEARCH ADVISORY COUNCIL | ||
106.001. DEFINITION. In this subchapter "advisory council" | ||
means the Psilocybin Research Advisory Council established under | ||
this chapter. | ||
106.002. ESTABLISHMENT OF ADVISORY COUNCIL. The commission | ||
shall establish the Psilocybin Research Advisory Council to advise | ||
the commission and the legislature on psilocybin research and | ||
treatment. | ||
106.003. APPOINTMENT OF ADVISORY COUNCIL MEMBERS. (a) The | ||
advisory council is composed of the members appointed by the | ||
executive commissioner as provided by this section. | ||
(b) The advisory council must include at least: | ||
(1) one member who is a physician with a federal | ||
license to study psychedelics; | ||
(2) one member who is a military veteran; | ||
(3) one member who is a law enforcement officer in this | ||
state; | ||
(4) one member who is a professor or researcher from a | ||
university who specializes in clinical research or psychedelic | ||
studies; and | ||
(5) ex officio representatives of the commission or | ||
another state agency as the executive commissioner determines | ||
appropriate. | ||
(c) Advisory council members serve at the pleasure of the | ||
executive commissioner. | ||
Sec. 106.004. TERMS; VACANCY. (a) An advisory council | ||
member serves a four-year term. | ||
(b) If a vacancy occurs on the advisory council, a person | ||
shall be appointed to fill the vacancy for the unexpired term. | ||
Sec. 118.005. OFFICERS. Advisory council members shall: | ||
(1) elect a chair and a vice chair; and | ||
(2) establish the duties of the chair and the vice | ||
chair. | ||
Sec. 106.006. MEETINGS. The executive commissioner shall | ||
set a time and place for regular meetings, which must occur at least | ||
twice each year. | ||
Sec. 106.007. DUTIES. The advisory council shall: | ||
(1) establish criteria for the clinical trials that | ||
qualify to receive research grants; | ||
(2) oversee the application process and review | ||
applications for the clinical trial research grants to assist the | ||
commission in selecting the most credible clinical trials to award | ||
the research grants; | ||
(3) on or before July 1 of each year, make | ||
recommendations to the legislature on psychedelic-assisted | ||
therapy. | ||
106.008. RESEARCH GRANTS. (a) The commission shall provide | ||
from monies appropriated competitive research grants for whole | ||
mushroom psilocybin phase one, phase two, and phase three clinical | ||
trials that are capable of being approved by the United States Food | ||
and Drug Administration to evaluate the effects of whole mushroom | ||
psilocybin on treating any of the following: | ||
(1) post-traumatic stress disorder; | ||
(2) symptoms associated with long Covid-19; | ||
(3) depression; | ||
(4) anxiety disorders; | ||
(5) symptoms associated with end-of-life distress; | ||
(6) obsessive compulsive disorder; | ||
(7) substance abuse and addiction disorders; | ||
(8) eating disorders; | ||
(9) chronic pain; | ||
(10) inflammatory disorders; | ||
(11) autoimmune disorders; | ||
(12) seizure disorders; or | ||
(13) other degenerative disorders. | ||
(b) The commission shall announce the opening of the | ||
application process at least thirty days before applications are | ||
available and allow at least ninety days for applicants to complete | ||
their submission. | ||
(c) The research grants shall be awarded not later than July | ||
1 of each year for three years. If in any year there is not a | ||
proposal that meets the criteria for a research grant to be awarded | ||
for a whole mushroom psilocybin clinical trial, the commission | ||
shall postpone the award to the following year. | ||
(d) Clinical trials that are funded pursuant this section | ||
shall prioritize: | ||
(1) using whole mushroom psilocybin cultivated under a | ||
schedule I license issued by the United States Drug Enforcement | ||
Administration; and | ||
(2) using veterans, first responders, frontline | ||
health care workers and persons from underserved communities as the | ||
research subjects. | ||
(e) A person who receives a grant for a whole mushroom | ||
psilocybin clinical trial pursuant to this section and any of the | ||
person's employees working on the clinical trial may not be charged | ||
with or prosecuted for possession of psilocybin when the person is | ||
working on the clinical trial. | ||
Sec. 106.009. COMPENSATION AND REIMBURSEMENT. A member of | ||
the advisory council is not entitled to compensation or | ||
reimbursement for expenses incurred in performing advisory council | ||
duties. | ||
Sec. 106.010. SUNSET PROVISION. The Psilocybin Research | ||
Advisory Council is subject to Chapter 325, Government Code (Texas | ||
Sunset Act). Unless continued in existence as provided by that | ||
chapter, the advisory council is abolished and this chapter expires | ||
September 1, 2035. | ||
SECTION 2. Not later than December 31, 2023, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
appoint the members to the Psilocybin Research Advisory Council as | ||
required by Section 106.003, Health and Safety Code, as added by | ||
this Act. | ||
SECTION 16. This Act takes effect September 1, 2023. |