S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7928
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   psychedelic  research  institute and the psychedelic substances thera-
   peutic research program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new article
 27-G to read as follows:
                               ARTICLE 27-G
                      PSYCHEDELIC RESEARCH INSTITUTE
 SECTION 2788. LEGISLATIVE FINDINGS.
         2789. DEFINITIONS.
         2790. THE INSTITUTE FOR THERAPEUTIC PSYCHEDELICS RESEARCH.
         2791. POWERS AND DUTIES.
         2792. RESEARCH COUNCIL.
         2793. ADVISORY COUNCIL.
         2794. REPORTS BY THE COMMISSIONER.
   § 2788.  LEGISLATIVE  FINDINGS.  THE  LEGISLATURE  FINDS  THAT  RECENT
 RESEARCH  PROVIDES A GROWING BODY OF EVIDENCE THAT 1. THE USE OF PSYCHE-
 DELICS SUCH AS IBOGAINE, LSD, PSILOCYBIN AND CERTAIN  OTHER  PSYCHEDELIC
 DRUGS  IN CERTAIN SETTINGS MAY PROVIDE A TREATMENT FOR PEOPLE STRUGGLING
 WITH A SUBSTANCE USE DISORDER, INCLUDING METHAMPHETAMINE,  OPIOIDS,  AND
 OTHER ADDICTIVE SUBSTANCES; 2. 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA)
 MAY BE EFFICACIOUS IN TREATMENT OF POST-TRAUMATIC STRESS DISORDER (PTSD)
 AND  ALCOHOLISM;  3.  PSILOCYBIN  IS  A  BREAKTHROUGH THERAPY FOR SEVERE
 DEPRESSION AND NICOTINE ADDICTION; AND 4. OTHER  PSYCHEDELIC  SUBSTANCES
 ALSO MAY BE EFFICACIOUS IN TREATMENT OF OTHER ILLNESSES AND MALADIES. IT
 IS  FOR  THE PURPOSE OF FACILITATING CLINICAL PROGRAMS FOR SUCH RESEARCH
 AND INVESTIGATION INTO THE SAFETY AND EFFICACY OF PSYCHEDELIC SUBSTANCES

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11370-02-1
              

 A. 7928                             2
 
 FOR TREATMENT OF HUMAN  ILLNESSES  AND  MALADIES  THAT  THE  PSYCHEDELIC
 SUBSTANCES THERAPEUTIC RESEARCH ACT IS HEREBY ENACTED.
   § 2789. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "PSYCHEDELIC SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN PARAGRAPH (D)
 OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS CHAPTER.
   2.  "PRINCIPAL INVESTIGATOR" MEANS AN INDIVIDUAL WHO ACTUALLY CONDUCTS
 A CLINICAL INVESTIGATION, I.E., UNDER WHOSE IMMEDIATE DIRECTION THE TEST
 ARTICLE IS ADMINISTERED OR DISPENSED TO, OR USED INVOLVING,  A  SUBJECT,
 OR, IN THE EVENT OF AN INVESTIGATION CONDUCTED BY A TEAM OF INDIVIDUALS,
 IS THE RESPONSIBLE LEADER OF THAT TEAM.
   3.  "HOSPITAL"  SHALL  HAVE  THE  SAME  MEANING AS DEFINED PURSUANT TO
 SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   4. "CLINIC" SHALL MEAN A SITE WHERE A LICENSED OR OTHERWISE RECOGNIZED
 PRACTITIONER OR GROUP PROVIDES CARE TO PATIENTS AND/OR INDIVIDUALS SEEK-
 ING THERAPEUTIC INTERVENTIONS USING  PSYCHEDELIC  SUBSTANCES  AS  LISTED
 HEREIN.
   5. "INTERNAL REVIEW BOARD" OR "IRB" MEANS AN APPROPRIATELY CONSTITUTED
 GROUP THAT HAS BEEN FORMALLY DESIGNATED TO REVIEW AND MONITOR BIOMEDICAL
 RESEARCH  INVOLVING  HUMAN  SUBJECTS.  IN  ACCORDANCE WITH FOOD AND DRUG
 ADMINISTRATION REGULATIONS, AN IRB SHALL HAVE THE AUTHORITY TO  APPROVE,
 REQUIRE  MODIFICATIONS  IN (TO SECURE APPROVAL), OR DISAPPROVE RESEARCH.
 IRB GROUP REVIEW SHALL SERVE AN IMPORTANT ROLE IN THE PROTECTION OF  THE
 RIGHTS, SAFETY AND WELFARE OF HUMAN RESEARCH SUBJECTS.
   §  2790. THE INSTITUTE FOR THERAPEUTIC PSYCHEDELICS RESEARCH. 1. THERE
 IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT  THE  PUBLIC  INSTITUTE  FOR
 THERAPEUTIC  PSYCHEDELICS  RESEARCH (ITPR). THE INSTITUTE SHALL HAVE THE
 CENTRAL RESPONSIBILITY FOR ADMINISTERING THE PROVISIONS OF THIS  ARTICLE
 AND  OTHERWISE COORDINATING THE STATE'S POLICIES WITH RESPECT TO THE USE
 OF PSYCHEDELIC SUBSTANCES  IN  TREATMENT  OF  SUBSTANCE  USE  DISORDERS,
 DEPRESSION,  POST-TRAUMATIC  STRESS  DISORDER,  END-OF-LIFE  ANXIETY AND
 OTHER CONDITIONS.
   2. THE COMMISSIONER SHALL APPOINT A DIRECTOR OF THE INSTITUTE AND  MAY
 ASSIGN SUCH PERSONNEL WITHIN THE AMOUNTS APPROPRIATED AS IS NECESSARY TO
 CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   3.  THE  STATE OF NEW YORK SHALL DESIGNATE SUCH SPACES WITHIN EXISTING
 STATE-OWNED OR OPERATED FACILITIES OR BUILDINGS, OR IN CONJUNCTION  WITH
 LOCAL  DEPARTMENTS OF HEALTH, TO ESTABLISH A HEADQUARTERS AND, AS APPRO-
 PRIATE CLINICS TO CONDUCT CLINICAL TRIALS OF PSYCHEDELIC SUBSTANCES  FOR
 APPROPRIATE  CLINICAL OUTCOMES, INCLUDING, BUT NOT LIMITED TO, SUBSTANCE
 USE DISORDERS, DEPRESSION, END-OF-LIFE ANXIETY AND POST-TRAUMATIC STRESS
 DISORDER.
   § 2791. POWERS AND DUTIES. 1. THE INSTITUTE SHALL HAVE  THE  FOLLOWING
 POWERS AND DUTIES:
   (A)  TO  COORDINATE,  DEVELOP AND PROMOTE CLINICAL PROGRAMS AND TRIALS
 WITH APPROPRIATE METHODOLOGIES TO STUDY AND INVESTIGATE THE  SAFETY  AND
 EFFICACY OF PSYCHEDELICS FOR VARIOUS OUTCOMES, AND ASSIST IN THE COORDI-
 NATION  OF  EXTRAMURAL  CLINICAL STUDIES, INCLUDING AS NEEDED, ACCESS TO
 PSYCHEDELIC AGENTS AND OTHER PROGRAMMATIC NEEDS;
   (B) TO DEVELOP AND PROMOTE  PROGRAMS  OF  PROFESSIONAL  EDUCATION  AND
 TRAINING  AND  IMPROVEMENTS  IN INSTRUMENTATION AS NECESSARY ADJUNCTS TO
 SUCH SCIENTIFIC INVESTIGATIONS;
   (C) TO FORM AN INSTITUTIONAL REVIEW  BOARD  TO  PROVIDE  OVERSIGHT  IN
 PROPOSED  CLINICAL  TRIALS  OF  PSYCHEDELIC  COMPOUNDS,  PARTICULARLY TO
 ASSIST PRINCIPAL INVESTIGATORS AT  SITES  LACKING  FORMAL  INSTITUTIONAL
 REVIEW BOARD OVERSIGHT;

 A. 7928                             3
 
   (D)  TO DEVELOP AND MAINTAIN A CLEARINGHOUSE WITHIN THE DEPARTMENT FOR
 INFORMATION  COLLECTED  ON  THE  SAFETY  AND  EFFICACY  OF   PSYCHEDELIC
 SUBSTANCES AS WELL AS TO PROVIDE A REGISTRY FOR ALL OUTCOMES OF CLINICAL
 TRIALS  AND STUDIES, INCLUDING A CATALOG OF THE EXISTING MEDICAL LITERA-
 TURE AND THE RESULTS OF EXISTING EPIDEMIOLOGICAL STUDIES;
   (E) TO DEVELOP AND PROMOTE AN OUTREACH CAMPAIGN DIRECTED TOWARD PEOPLE
 STRUGGLING  WITH  SUBSTANCE  USE  DISORDER,  DEPRESSION,  POST-TRAUMATIC
 STRESS DISORDER, ANXIETY, ALCOHOLISM AND NICOTINE ADDICTION  TO  PROMOTE
 THE  AVAILABILITY  OF PSYCHEDELIC COMPOUNDS AS A TREATMENT THROUGH CLIN-
 ICAL PROGRAMS ESTABLISHED HEREUNDER AS WELL AS ANY CLINICAL RESEARCH AND
 INVESTIGATIVE PROGRAMS THAT STUDIES  AND  INVESTIGATES  THE  SAFETY  AND
 EFFICACY OF PSYCHEDELIC SUBSTANCES; AND
   (F)  TO  PROMOTE THE AVAILABILITY OF ANY OTHER SUPPORTIVE SERVICES FOR
 PEOPLE STRUGGLING WITH SUBSTANCE USE DISORDER, DEPRESSION, POST-TRAUMAT-
 IC STRESS DISORDER, ANXIETY, ALCOHOLISM AND NICOTINE ADDICTION  AS  WELL
 AS  LONG  TERM  OUTCOMES  AFTER  TREATMENT  FOR SUCH CONDITIONS OR OTHER
 AFOREMENTIONED INDICATIONS.
   2. PERSONAL DATA IN ANY INVESTIGATIONS, REPORTS AND INFORMATION RELAT-
 ING TO THE PROVISIONS OF THIS ARTICLE SHALL  BE  KEPT  CONFIDENTIAL  AND
 ANONYMOUS,  SHALL  BE  AFFORDED  ALL  OF THE PROTECTIONS PROVIDED BY THE
 PROVISIONS OF PARAGRAPH (J) OF SUBDIVISION ONE OF  SECTION  TWO  HUNDRED
 SIX  OF  THIS  CHAPTER, AND ARE HEREBY MADE SUBJECT TO PART TWO OF TITLE
 FORTY-TWO OF THE CODE OF FEDERAL REGULATIONS. THE INSTITUTE MAY HOWEVER,
 FROM TIME TO TIME, PUBLISH REPORTS OF SUCH SCIENTIFIC INVESTIGATIONS  IN
 SUCH  A  MANNER  AS  TO  ASSURE  THAT  THE IDENTITIES OF THE INDIVIDUALS
 CONCERNED CANNOT BE ASCERTAINED.
   § 2792. RESEARCH COUNCIL. 1. THERE SHALL BE ESTABLISHED WITHIN IPTR  A
 RESEARCH  COUNCIL  COMPOSED  OF  FIFTEEN  MEMBERS;  FOUR  MEMBERS  TO BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,  ONE  MEMBER  TO  BE
 APPOINTED  BY  THE  MINORITY  LEADER  OF  THE SENATE, FOUR MEMBERS TO BE
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER TO BE APPOINTED  BY
 THE  MINORITY LEADER OF THE ASSEMBLY AND FIVE MEMBERS TO BE APPOINTED BY
 THE COMMISSIONER. THE MEMBERS  SHALL  BE  REPRESENTATIVE  OF  RECOGNIZED
 CENTERS  ENGAGED  IN  THE  SCIENTIFIC  INVESTIGATION  OF SUBSTANCE ABUSE
 DISORDERS AND/OR THE USE  OF  PSYCHEDELICS  IN  TREATMENT  OF  PERTINENT
 OUTCOMES.
   2.  THE  RESEARCH  COUNCIL SHALL BE RESPONSIBLE FOR MAKING RECOMMENDA-
 TIONS TO THE INSTITUTE FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF
 PARAGRAPHS (A) AND  (B)  OF  SUBDIVISION  ONE  OF  SECTION  TWENTY-SEVEN
 HUNDRED NINETY-ONE OF THIS ARTICLE, AS WELL AS APPOINTING MEMBERS OF THE
 INTERNAL  REVIEW  BOARD  AS PROVIDED FOR IN PARAGRAPH (C) OF SUBDIVISION
 ONE OF SECTION TWENTY-SEVEN HUNDRED NINETY-ONE OF THIS ARTICLE.
   3. THE COUNCIL SHALL MEET AT LEAST SIX TIMES A YEAR. SPECIAL  MEETINGS
 MAY  BE  CALLED  BY THE CHAIRPERSON AND SHALL BE CALLED BY HIM OR HER AT
 THE REQUEST OF THE COMMISSIONER.
   4. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR  THEIR
 SERVICES,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
   § 2793. ADVISORY COUNCIL. 1. THERE SHALL BE ESTABLISHED WITHIN IPTR AN
 ADVISORY COUNCIL COMPOSED OF THIRTEEN MEMBERS WHO SHALL BE APPOINTED  IN
 THE  FOLLOWING  MANNER: THREE SHALL BE APPOINTED BY THE TEMPORARY PRESI-
 DENT OF THE SENATE AND ONE BY THE MINORITY LEADER OF THE  SENATE;  THREE
 SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY AND ONE BY THE MINORI-
 TY  LEADER OF THE ASSEMBLY; AND FIVE SHALL BE APPOINTED BY THE GOVERNOR.
 THE GOVERNOR SHALL DESIGNATE THE CHAIRPERSON OF  THE  ADVISORY  COUNCIL.
 THE MEMBERS OF THE COUNCIL SHALL BE REPRESENTATIVE OF THE PUBLIC, EDUCA-

 A. 7928                             4
 
 TIONAL AND MEDICAL INSTITUTIONS, LOCAL HEALTH DEPARTMENTS, AND NONPROFIT
 ORGANIZATIONS, INCLUDING ORGANIZATIONS AND INDIVIDUALS QUALIFIED THROUGH
 DEGREE AND/OR EXPERIENCE PRESENTLY PROVIDING PSYCHEDELIC SUBSTANCES AS A
 TREATMENT  MODALITY FOR PEOPLE STRUGGLING WITH A SUBSTANCE USE DISORDER,
 DEPRESSION, POST-TRAUMATIC  STRESS  DISORDER,  ANXIETY,  ALCOHOLISM  AND
 NICOTINE ADDICTION.
   2.  THE ADVISORY COUNCIL SHALL BE RESPONSIBLE FOR ADVISING THE COMMIS-
 SIONER WITH RESPECT TO THE IMPLEMENTATION OF THIS ARTICLE AND SHALL MAKE
 RECOMMENDATIONS TO THE INSTITUTE FOR THE PURPOSE  OF  CARRYING  OUT  THE
 PROVISIONS OF PARAGRAPHS (D), (E), AND (F) OF SUBDIVISION ONE OF SECTION
 TWENTY-SEVEN HUNDRED NINETY-ONE OF THIS ARTICLE.
   3.  THE  ADVISORY  COUNCIL  SHALL  INCLUDE  AT  LEAST  FOUR MEMBERS OF
 AFFECTED COMMUNITIES, PROVISIONS FOR A STIPEND, TRAVEL OR OTHER EXPENSES
 TO BE ESTABLISHED TO PROVIDE INSIGHT  AND  SUPPORT  FROM  THE  COMMUNITY
 PERSPECTIVE IN THE DEVELOPMENT OF CLINICAL TRIAL PROTOCOLS.
   4. THE COUNCIL SHALL MEET AT LEAST FOUR TIMES A YEAR. SPECIAL MEETINGS
 MAY  BE  CALLED  BY THE CHAIRPERSON AND SHALL BE CALLED BY HIM OR HER AT
 THE REQUEST OF THE COMMISSIONER.
   § 2794. REPORTS BY THE  COMMISSIONER.  THE  INSTITUTE  SHALL  MAKE  AN
 INITIAL  PRELIMINARY  REPORT  TO THE GOVERNOR AND THE LEGISLATURE OF ITS
 FINDINGS, CONCLUSIONS,  AND  RECOMMENDATIONS  NOT  LATER  THAN  DECEMBER
 FIRST, TWO THOUSAND TWENTY-ONE, A SECOND PRELIMINARY REPORT OF ITS FIND-
 INGS,  CONCLUSIONS,  AND  RECOMMENDATIONS NOT LATER THAN DECEMBER FIRST,
 TWO THOUSAND TWENTY-TWO, AND A REPORT OF ITS FINDINGS, CONCLUSIONS,  AND
 RECOMMENDATIONS  WITH REGARD TO THE PROGRESS MADE IN DEVELOPING, PROMOT-
 ING AND COMPLETING CLINICAL EVALUATIONS NOT LATER THAN  DECEMBER  FIRST,
 TWO THOUSAND TWENTY-THREE, AND SHALL SUBMIT WITH ITS REPORTS SUCH LEGIS-
 LATIVE PROPOSALS AS IT DEEMS NECESSARY TO IMPLEMENT ITS RECOMMENDATIONS.
   § 2. The public health law is amended by adding a new article 33-AA to
 read as follows:
                               ARTICLE 33-AA
              PSYCHEDELIC SUBSTANCES THERAPEUTIC RESEARCH ACT
 SECTION 3397-J. PSYCHEDELIC   SUBSTANCES  THERAPEUTIC  RESEARCH  PROGRAM
                   ESTABLISHED; PARTICIPATION.
         3397-K. STATE PATIENT QUALIFICATION BOARD;  COMPOSITION;  POWERS
                   AND DUTIES.
         3397-L. PSYCHEDELIC SUBSTANCES RESEARCH PROGRAM; CULTIVATION AND
                   DISTRIBUTION.
   §  3397-J.  PSYCHEDELIC SUBSTANCES THERAPEUTIC RESEARCH PROGRAM ESTAB-
 LISHED;  PARTICIPATION.  1.  THE  PSYCHEDELIC   SUBSTANCES   THERAPEUTIC
 RESEARCH  PROGRAM  IS  HEREBY ESTABLISHED IN THE DEPARTMENT. THE COMMIS-
 SIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR  THE  PROPER
 ADMINISTRATION   OF  THE  PSYCHEDELIC  SUBSTANCES  THERAPEUTIC  RESEARCH
 PROGRAM. IN SUCH PROMULGATION, THE COMMISSIONER SHALL TAKE INTO  CONSID-
 ERATION THE REPORTS OF THE PSYCHEDELICS RESEARCH INSTITUTE AND PERTINENT
 RULES AND REGULATIONS OF THE FOOD AND DRUG ADMINISTRATION.
   2.  PARTICIPATION  IN THE PSYCHEDELICS SUBSTANCES THERAPEUTIC RESEARCH
 PROGRAM SHALL BE LIMITED TO PERSONS ELIGIBLE FOR  PARTICIPATION  BY  THE
 INTERNAL REVIEW BOARD (IRB)-APPROVED INCLUSION AND EXCLUSION CRITERIA OF
 PROPOSED  CLINICAL  STUDY.  OUTCOME-DIRECTED  CLINICAL TRIALS AND EVALU-
 ATIONS MAY INCLUDE  PERSONS  ADDICTED  TO  OPIATES  OR  METHAMPHETAMINE,
 PERSONS SUFFERING FROM POST-TRAUMATIC STRESS DISORDER (PTSD), OR PERSONS
 SUFFERING  FROM  SEVERE  DEPRESSION,  AS APPROPRIATE TO THE TRIAL DESIGN
 REGISTERED  WITH  THE  PUBLIC  INSTITUTE  FOR  THERAPEUTIC  PSYCHEDELICS
 RESEARCH (ITPR) AND THE PROTOCOLS SPECIFIED IN 42 CFR 11.

 A. 7928                             5

   3. WHERE PERTINENT, PARTICIPANTS IN ITPR STUDIES OR EVALUATIONS SHOULD
 RECEIVE THE CURRENT STANDARD OF CARE. STAKEHOLDER COMMUNITY MEMBERS WILL
 BE  CONSULTED  REGARDING  PROPOSED  CLINICAL  TRIALS  FOR THEIR OR OTHER
 STUDIES, CASE SERIES OR OTHER APPROPRIATE METHODOLOGIES  FOR  EVALUATING
 THE EFFICACY OF PSYCHEDELIC SUBSTANCES.
   4.  THE  COMMISSIONER, ON BEHALF OF THE DEPARTMENT, SHALL APPLY TO THE
 FOOD AND DRUG ADMINISTRATION  (FDA)  FOR  AN  INVESTIGATIONAL  NEW  DRUG
 PERMIT  FOR ANY OF THE PSYCHEDELIC AGENTS LISTED IN SECTION TWENTY-SEVEN
 HUNDRED EIGHTY-EIGHT OF THIS  CHAPTER,  INCLUDING  BUT  NOT  LIMITED  TO
 IBOGAINE,  PSILOCYBIN,  LSD,  CANNABIS,  MDMA, DMT AND OTHER SUCH AGENTS
 WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. THE COMMIS-
 SIONER, ON BEHALF OF THE DEPARTMENT, MAY APPLY TO THE FDA FOR AN  INVES-
 TIGATIONAL  NEW DRUG (IND) PERMIT FOR ANY OTHER PSYCHEDELIC SUBSTANCE AS
 THE COMMISSIONER DEEMS APPROPRIATE. THE COMMISSIONER SHALL  CONTINUE  TO
 FULFILL ALL OF HIS OR HER DUTIES HEREUNDER UNLESS AND UNTIL THIS ARTICLE
 IS REPEALED.
   §  3397-K.  STATE PATIENT QUALIFICATION BOARD; COMPOSITION; POWERS AND
 DUTIES. 1. THE COMMISSIONER SHALL APPOINT A STATE PATIENT  QUALIFICATION
 REVIEW BOARD OF NO LESS THAN THREE NOR MORE THAN FIVE MEMBERS. THE STATE
 PATIENT QUALIFICATION REVIEW BOARD SHALL BE COMPRISED OF:
   (A)  A  PHYSICIAN  LICENSED TO PRACTICE MEDICINE IN NEW YORK STATE AND
 CERTIFIED BY THE AMERICAN BOARD OF INTERNAL MEDICINE;
   (B) A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN NEW  YORK  STATE  AND
 CERTIFIED IN PSYCHIATRY BY THE AMERICAN BOARD OF PSYCHIATRY AND NEUROLO-
 GY; AND
   (C)  ANY  OTHER  MEMBERS  THAT  THE  COMMISSIONER  MAY DEEM NECESSARY,
 INCLUDING INDIVIDUALS WHO MAY ACT  IN  THEIR  CAPACITY  AS  A  PRINCIPAL
 INVESTIGATOR  AS DEFINED PURSUANT TO SECTION TWENTY-SEVEN HUNDRED EIGHT-
 Y-NINE OF THIS CHAPTER.
   2. MEMBERS OF SUCH BOARD SHALL  BE  APPOINTED  FOR  THREE-YEAR  TERMS,
 EXCEPT THAT THE TERMS OF THOSE FIRST APPOINTED SHALL BE ARRANGED SO THAT
 AS NEARLY AS POSSIBLE AN EQUAL NUMBER SHALL TERMINATE ANNUALLY. A VACAN-
 CY OCCURRING DURING A TERM SHALL BE FILLED THROUGH AN APPOINTMENT BY THE
 COMMISSIONER  FOR  THE  UNEXPIRED TERM. THE COMMISSIONER SHALL DESIGNATE
 THE CHAIRPERSON OF THE BOARD. ANY MEMBER MAY BE REMOVED FROM  THE  BOARD
 AT THE DISCRETION OF THE COMMISSIONER.
   3.  EACH  MEMBER  OF  THE  BOARD SHALL RECEIVE UP TO TWO HUNDRED FIFTY
 DOLLARS AS PRESCRIBED BY THE COMMISSIONER FOR EACH DAY DEVOTED TO  BOARD
 WORK,  NOT  TO  EXCEED  SEVENTY-FIVE HUNDRED DOLLARS IN ANY ONE YEAR AND
 SHALL BE REIMBURSED FOR NECESSARY EXPENSES.
   4. ANY HOSPITAL MAY ESTABLISH A HOSPITAL PATIENT QUALIFICATION  REVIEW
 COMMITTEE  SUBJECT  TO  THE  RULES  AND  REGULATIONS  PROMULGATED BY THE
 COMMISSIONER. A HOSPITAL MAY DESIGNATE A HOSPITAL HUMAN RESEARCH  REVIEW
 COMMITTEE AS SET FORTH IN SECTION TWENTY-FOUR HUNDRED FORTY-FOUR OF THIS
 CHAPTER TO SERVE AS A HOSPITAL PATIENT QUALIFICATION REVIEW COMMITTEE.
   5.  THE  HOSPITAL  PATIENT QUALIFICATION REVIEW COMMITTEE SHALL REVIEW
 EACH RECOMMENDATION AND SHALL SUBMIT APPROVED  PATIENT  APPLICATIONS  TO
 THE STATE PATIENT QUALIFICATION REVIEW BOARD.
   6. THE STATE PATIENT QUALIFICATION REVIEW BOARD SHALL REVIEW ALL PRIN-
 CIPAL INVESTIGATOR APPLICANTS FOR THE PSYCHEDELIC SUBSTANCES THERAPEUTIC
 RESEARCH PROGRAM AND CERTIFY OR REFUSE TO CERTIFY THEIR PARTICIPATION IN
 SUCH PROGRAM.
   7.  THE  STATE  PATIENT  QUALIFICATION  REVIEW BOARD MAY DELEGATE TO A
 HOSPITAL PATIENT QUALIFICATION REVIEW COMMITTEE THE AUTHORITY TO APPROVE
 OR DISAPPROVE A PATIENT'S PARTICIPATION IN SUCH PROGRAM.

 A. 7928                             6
 
   8. THE HOSPITAL HUMAN RESEARCH  REVIEW  COMMITTEE  SHALL  REVIEW  EACH
 HUMAN  RESEARCH  PROJECT  PROPOSED  HEREUNDER  AND  SHALL CERTIFY TO THE
 HOSPITAL PATIENT QUALIFICATION REVIEW COMMITTEE THAT SUCH PROJECT  MEETS
 THE REQUIREMENTS OF THIS ARTICLE AND ARTICLE TWENTY-FOUR-A OF THIS CHAP-
 TER.
   §  3397-L.  PSYCHEDELIC  SUBSTANCES  RESEARCH PROGRAM; CULTIVATION AND
 DISTRIBUTION. 1. THE COMMISSIONER SHALL  OBTAIN  PSYCHEDELIC  SUBSTANCES
 THROUGH WHATEVER MEANS THE COMMISSIONER DEEMS MOST APPROPRIATE, CONSIST-
 ENT WITH REGULATIONS PROMULGATED BY THE FOOD AND DRUG ADMINISTRATION AND
 PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   2.  IF, WITHIN A REASONABLE TIME, THE COMMISSIONER IS UNABLE TO OBTAIN
 PSYCHEDELIC SUBSTANCES PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  THE
 COMMISSIONER  SHALL  CONDUCT  AN  INVENTORY OF AVAILABLE SOURCES OF SUCH
 SUBSTANCES IN COMPLIANCE WITH  CERTIFIED  GOOD  MANUFACTURING  PRACTICES
 RESEARCH  GRADE  STANDARDS  PURSUANT  TO 21 CFR 211 AND 21 CFR 210.1(A).
 SUCH INVENTORY SHALL BE FOR THE PURPOSE OF DETERMINING  THE  FEASIBILITY
 OF  OBTAINING  CONTROLLED  SUBSTANCES  FOR  USE  IN  THE PROGRAM.   UPON
 CONDUCTING SAID INVENTORY, THE  COMMISSIONER  SHALL  CONTRACT  WITH  THE
 AVAILABLE  SOURCE  AND  OBTAIN  DRUG  ENFORCEMENT  ADMINISTRATION  (DEA)
 LICENSES FOR THE RECEIPT OF CONTROLLED SUBSTANCES.
   3. IF, WITHIN A REASONABLE TIME, THE COMMISSIONER IS UNABLE TO  OBTAIN
 PSYCHEDELIC  SUBSTANCES PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND
 NOTWITHSTANDING THE IDENTIFICATION OF AN AVAILABLE SOURCE OF SUCH  DRUGS
 IN  COMPLIANCE  WITH  CERTIFIED  GOOD  MANUFACTURING  PRACTICES  AND FDA
 RESEARCH GRADE STANDARDS, THE COMMISSIONER  IS  UNABLE  TO  OBTAIN  SUCH
 DRUGS  DUE  TO  A  REFUSAL  OR FAILURE OF THE DEA TO ISSUE THE NECESSARY
 LICENSES FOR THE RECEIPT  OF  CONTROLLED  SUBSTANCES,  THE  COMMISSIONER
 SHALL  CONTRACT WITH THE AVAILABLE SOURCE AND OBTAIN THE DRUGS WITHOUT A
 DEA LICENSE.
   4. THE COMMISSIONER SHALL CAUSE  SUCH  PSYCHEDELIC  SUBSTANCES  TO  BE
 TRANSFERRED  TO  THE  CLINICS  AFFILIATED WITH THE INSTITUTE ESTABLISHED
 PURSUANT TO ARTICLE TWENTY-SEVEN-G OF THIS CHAPTER OR TO  SUCH  RESEARCH
 INSTITUTE  OR  HOSPITAL  ITSELF  FOR  DISTRIBUTION TO CERTIFIED PATIENTS
 PURSUANT TO THIS ARTICLE.
   § 3. Section 3350 of the public health law, as added by chapter 878 of
 the laws of 1972, is amended to read as follows:
   § 3350. Dispensing prohibition.   Controlled  substances  may  not  be
 prescribed  for, or administered or dispensed to [addicts] PEOPLE STRUG-
 GLING WITH SUBSTANCE  USE  DISORDER  or  habitual  users  of  controlled
 substances,  except as provided by this title or title III OF THIS ARTI-
 CLE OR ARTICLE THIRTY-THREE-AA OF THIS CHAPTER.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.