LBD15437-03-4
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3. "CULTIVATOR LICENSE" MEANS A WRITTEN AUTHORIZATION PERMITTING
NATURAL PERSONS OR BUSINESS ENTERPRISES TO ENGAGE IN THE SPECIFIED
ACTIVITIES OF CULTIVATION, DISTRIBUTION, AND TESTING OF PSILOCYBIN, AS
AUTHORIZED PURSUANT TO THIS TITLE. ONLY A PERSON OR BUSINESS ENTERPRISE
WITH A CULTIVATOR LICENSE MAY ENGAGE IN COMMERCIAL TRANSACTIONS WITH
PSILOCYBIN-CONTAINING FUNGI.
4. "DEPARTMENT" SHALL MEAN NEW YORK STATE DEPARTMENT OF HEALTH.
5. "EXCLUSION CRITERIA" MEANS CERTAIN HEALTH CONDITIONS, PRESCRIPTION
MEDICATIONS, OR CONSUMPTION OF OTHER SUBSTANCES THAT, BASED ON CURRENTLY
AVAILABLE MEDICAL INFORMATION AND RESEARCH, ARE CONTRAINDICATED OR HAVE
A RISK OF NEGATIVE INTERACTION WITH THE USE OF PSILOCYBIN. EXCLUSION
CRITERIA SHALL BE ADDED OR REMOVED BY THE DEPARTMENT.
6. "HEALTH SCREENING" MEANS A SCREENING FORM TO ALLOW A PERSON TO
CERTIFY SYMPTOMS OR PRIOR OR CURRENT DIAGNOSIS OF ONE OR MORE HEALTH
CONDITIONS OR EXCLUSION CRITERIA.
7. "LICENSED HEALTHCARE PROVIDER" MEANS A PERSON WITH A VALID LICENSE
OR CERTIFICATE FROM THE DEPARTMENT OF EDUCATION FOR A PROFESSION
PROVIDED IN ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-TWO, ONE
HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY, ONE
HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE HUNDRED FIFTY-THREE, ONE
HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-SEVEN, ONE HUNDRED FIFTY-NINE, ONE
HUNDRED SIXTY, ONE HUNDRED SIXTY-THREE, ONE HUNDRED SIXTY-FOUR, OR ONE
HUNDRED SIXTY-SEVEN OR OTHERWISE RELATED TO WELLNESS, MEDICINE, HEALTH-
CARE, MENTAL HEALTH, OR BEHAVIORAL HEALTH. TO BE A LICENSED HEALTHCARE
PROVIDER UNDER THIS TITLE, SUCH LICENSED PROFESSIONAL'S AUTHORIZED SCOPE
OF PRACTICE DOES NOT NEED TO BUT MAY INCLUDE MEDICAL DIAGNOSIS OR
PRESCRIPTION OF MEDICATIONS.
8. "HEALTH CONDITIONS" MEAN CERTAIN HEALTH CONDITIONS THAT INCLUDE BUT
ARE NOT LIMITED TO:
(A) ADJUSTMENT DISORDER;
(B) AMYOTROPHIC LATERAL SCLEROSIS;
(C) ATTENTION DEFICIT/HYPERACTIVITY DISORDER;
(D) ARTHRITIS;
(E) AUTISM;
(F) ALZHEIMER'S;
(G) ANXIETY;
(H) ANOREXIA NERVOSA;
(I) BACTERIAL INFECTION OR DISEASE;
(J) BEHAVIORAL/PROCESS ADDICTION, INCLUDING GAMBLING, PORNOGRAPHY, OR
SHOPPING;
(K) BODY DYSMORPHIA;
(L) CATARACTS;
(M) CANCER;
(N) CANCER-RELATED DISTRESS;
(O) CHRONIC PAIN;
(P) CHRONIC FATIGUE;
(Q) CLUSTER HEADACHES;
(R) DEPRESSIVE DISORDER;
(S) DEGENERATIVE DISC OR JOINT DISEASE;
(T) EATING DISORDER;
(U) EFFECTS FROM STROKE;
(V) EPILEPSY;
(W) EPISODIC MIGRAINES;
(X) FIBROMYALGIA;
(Y) FUNCTIONAL GASTROINTESTINAL DISORDER, INCLUDING IRRITABLE BOWEL
SYNDROME (IBS) AND INFLAMMATORY BOWEL DISEASE (IBD);
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(Z) GLAUCOMA;
(AA) HEADACHE DISORDERS;
(BB) HIV/AIDS;
(CC) INSOMNIA;
(DD) LYME DISEASE;
(EE) MOOD DISORDER;
(FF) MOTOR NEURON DISEASE;
(GG) MIGRAINE;
(HH) MULTIPLE SCLEROSIS;
(II) MUSCULAR DYSTROPHY;
(JJ) NEURODEGENERATIVE DISEASE INCLUDING NEUROPATHY;
(KK) OBSESSIVE-COMPULSIVE DISORDER;
(LL) PARKINSON'S DISEASE;
(MM) PANIC DISORDER;
(NN) PARESTHESIA;
(OO) PHANTOM LIMB PAIN;
(PP) PREMENSTRUAL SYNDROME OR PREMENSTRUAL DYSPHORIC DISORDER;
(QQ) PROLONGED GRIEF DISORDER;
(RR) POSTPARTUM MENTAL HEALTH DISORDER;
(SS) POST-ACUTE COVID-19 INFECTION CONDITION;
(TT) POST-TRAUMATIC STRESS DISORDER (PTSD) OR COMPLEX POST-TRAUMATIC
STRESS DISORDER;
(UU) PSYCHOGENIC PAIN DISORDER;
(VV) RESTLESS LEG SYNDROME;
(WW) RHEUMATOID ARTHRITIS;
(XX) SEXUAL DISORDER;
(YY) SENSORY PROCESSING DISORDER;
(ZZ) SLEEP DISORDER;
(AAA) SUBSTANCE USE DISORDER, INCLUDING FOR USE OF OPIATES, TOBACCO,
AND ALCOHOL;
(BBB) TERMINAL ILLNESS OR END-OF-LIFE DISTRESS;
(CCC) TRAUMATIC BRAIN INJURY (TBI), INCLUDING CONCUSSION;
(DDD) TREATMENT RESISTANT DEPRESSION;
(EEE) UNSPECIFIED MOOD DISORDER; AND
(FFF) ANY NOVEL OR EMERGENT HEALTH CONDITION NOT CATEGORIZED IN THE
DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS OR KNOWN PHYSICAL
HEALTH CONDITIONS WHERE THERE IS EVIDENCE OF POTENTIAL USE OF PSILOCYBIN
WITH POSITIVE OUTCOMES IN CONNECTION WITH SUCH HEALTH CONDITIONS THAT
HAS BEEN IDENTIFIED IN A STUDY PUBLISHED IN A MEDICAL OR SCIENTIFIC
JOURNAL, INCLUDING PREPRINT SERVERS.
9. "LICENSED CULTIVATOR" MEANS A PERSON OR BUSINESS ENTERPRISE,
INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, LIMITED
LIABILITY COMPANY, OR OTHER BUSINESS ENTERPRISE, THAT POSSESSES A CULTI-
VATOR LICENSE PURSUANT TO THIS TITLE.
10. "NONCOMMERCIAL" MEANS AN ACTION OR TRANSACTION OF GOODS THAT IS
WITHOUT REMUNERATION OR THE EXCHANGE OF MONEY.
11. "PERMIT COURSE" MEANS THE PSILOCYBIN REGULATION EDUCATIONAL PERMIT
(PREP) COURSE THAT INCLUDES EDUCATIONAL MATERIAL AND A TEST THAT MUST BE
SUCCESSFULLY COMPLETED BY A PERSON WHO HAS RECEIVED A HEALTH SCREENING
AND IS APPLYING FOR A PSILOCYBIN PERMIT. THERE WILL BE NO LIMIT IN THE
NUMBER OF ATTEMPTS TO COMPLETE THE TEST COMPONENT OF THE PERMIT COURSE
IN ORDER TO RECEIVE A PSILOCYBIN PERMIT, AS THE PURPOSE OF SUCH TEST IS
TO ENABLE EDUCATION AND INFORMATION TO INCREASE SAFETY OF ADULT USE OF
PSILOCYBIN.
12. "PERSON" MEANS A NATURAL PERSON.
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13. "PSILOCYBIN" MEANS FUNGI THAT CONTAIN NATURALLY-OCCURRING PSILOCY-
BIN AND PSILOCIN COMPOUNDS PRODUCED BY SUCH FUNGI, INCLUDING BUT NOT
LIMITED TO MEMBERS OF THE GENUS PSILOCYBIN.
14. "PSILOCYBIN PERMIT" MEANS A WRITTEN AUTHORIZATION FROM THE DEPART-
MENT ISSUED TO A PERSON AT LEAST EIGHTEEN YEARS OLD WHO HAS RECEIVED A
HEALTH SCREENING AND SUCCESSFULLY COMPLETED THE PERMIT COURSE TO ALLOW
ADULT USE OF PSILOCYBIN IN CONNECTION WITH A PUBLIC HEALTH FRAMEWORK.
15. "SCHOOL GROUNDS" MEANS ANY BUILDING, STRUCTURE, AND SURROUNDING
OUTDOOR GROUNDS, INCLUDING ENTRANCES OR EXITS, CONTAINED WITHIN A PUBLIC
OR PRIVATE PRE-SCHOOL, NURSERY SCHOOL, ELEMENTARY OR SECONDARY SCHOOL'S
LEGALLY DEFINED PROPERTY BOUNDARIES AS REGISTERED IN A COUNTY CLERK'S
OFFICE.
16. "SUPPORT SERVICES" MEAN THE SERVICES CONSISTENT WITH THIS TITLE
THROUGH ACTIONS OF SUPPORTIVE CARE AND RESPONSE TO ADVERSE HEALTH
CIRCUMSTANCES, PROVISION OF EDUCATIONAL INFORMATION, AND OTHER CONDUCT
PROVIDED BY A CERTIFIED SUPPORT SERVICES PROVIDER THAT INCREASE THE
SAFETY AND REDUCE POTENTIAL RISKS ASSOCIATED WITH A PSILOCYBIN PERMIT
HOLDER'S AUTHORIZED USE OF PSILOCYBIN.
17. "SUPPORT SERVICES PROVIDER CERTIFICATION" MEANS A CERTIFICATION
THAT IS REGULATED AND ISSUED BY THE DEPARTMENT THAT AUTHORIZES THE
SUPPORT SERVICES OF A SUPPORT SERVICES PROVIDER.
18. "SUPPORT SERVICES PROVIDER" MEANS A PERSON WHO HAS BEEN GRANTED A
CERTIFICATION TO PROVIDE RISK REDUCTION SUPPORT SERVICES, UPON
COMPLETION AND CONTINUED SATISFACTION OF ALL REQUIREMENTS UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-NINE-CC OF THIS TITLE, INCLUDING ONGOING
EDUCATION AND TRAINING IN CONNECTION WITH A PERMIT HOLDER'S ADULT USE OF
PSILOCYBIN.
§ 3369-BB. REGULATION OF PSILOCYBIN PROGRAMS. 1. THE DEPARTMENT SHALL
MANAGE ALL OPERATIONS OF THIS TITLE.
2. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS
TITLE.
3. THE DEPARTMENT MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE
OPERATION OF THIS TITLE. THE DEPARTMENT MAY ENTER INTO AGREEMENTS WITH
ONE OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS, UNIVERSITIES, OR OTHER
ORGANIZATIONS, FOR THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTA-
TION AND EFFECTIVENESS OF THIS TITLE.
4. THE DEPARTMENT SHALL BE RESPONSIBLE FOR REGULATING THE ADULT USE OF
PSILOCYBIN WITH A PERMIT, CULTIVATION LICENSES AND LICENSED CULTIVATOR
OPERATION REQUIREMENTS, CERTIFICATION OF SUPPORT SERVICES PROVIDERS, AND
OTHER AUTHORIZED AND RELATED PROGRAMS.
5. THE DEPARTMENT SHALL CREATE A REPORTING PROGRAM TO ALLOW PERMIT
HOLDERS THE OPTIONAL OPPORTUNITY TO IDENTIFY HEALTH AND EXPERIENCE DATA
IN CONNECTION WITH ADULT USE OF PSILOCYBIN, INCLUDING ON HEALTH CONDI-
TIONS AND POTENTIAL EXCLUSION CRITERIA, AND ALSO TO MAKE REPORTS ABOUT
CERTIFIED SUPPORT SERVICES PROVIDERS AND THE PROVISION OF ETHICAL
SERVICES.
6. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE REGULATED ACCESS OF PSILOCYBIN UNDER THIS TITLE AND MAKE
APPROPRIATE RECOMMENDATIONS.
§ 3369-CC. REGULATED ADULT USE OF PSILOCYBIN IN CONNECTION WITH PUBLIC
HEALTH FRAMEWORK. A PSILOCYBIN PERMIT HOLDER SHALL BE PERMITTED TO
ENGAGE IN THE ADULT USE OF PSILOCYBIN IN CONNECTION WITH QUALIFYING
HEALTH CONDITIONS, PROVIDED THAT:
1. A PERSON SHALL BE PROVIDED A PSILOCYBIN PERMIT UPON COMPLETION OF A
HEALTH SCREENING AND THE PERMIT COURSE.
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2. A PERSON SHALL COMPLETE A HEALTH SCREENING THAT CERTIFIES SYMPTOMS
OR DIAGNOSIS OF ANY HEALTH CONDITIONS AND NO EXISTENCE OF EXCLUSION
CRITERIA.
3. A HEALTH SCREENING SHALL INCLUDE A STRUCTURED SCREENING PROCESS
WITH A FORM WHERE A PERSON APPLYING FOR A PSILOCYBIN PERMIT SELF-REPORTS
SYMPTOMS OR DIAGNOSIS THAT INDICATE ANY HEALTH CONDITION OR EXCLUSION
CRITERIA.
4. A HEALTH SCREENING FORM SHALL BE UPDATED BY THE PERMIT HOLDER IF
THERE ARE ANY CHANGES TO THE CERTIFICATIONS OF HEALTH CONDITIONS,
INCLUDING ANY NEW SYMPTOMS OR DIAGNOSIS, THAT CONSTITUTE EXCLUSION
CRITERIA ON THE FORM FILED WITH THE DEPARTMENT AND RECOMPLETED BIENNIAL-
LY TO MAINTAIN THE PSILOCYBIN PERMIT. ANY CHANGES TO SUCH FORM SHALL NOT
PRECIPITATE A REQUIREMENT TO ENGAGE IN THE PERMIT COURSE UNTIL THE FOUR
YEAR REQUIREMENT PROVIDED IN THIS SECTION.
5. A HEALTH SCREENING SHALL INCLUDE CLEAR DISCLOSURE THAT ADULT USE OF
PSILOCYBIN UNDER THIS TITLE IS NOT TO TREAT ANY HEALTH CONDITIONS AND
THE EXISTENCE OF HEALTH ASSESSMENTS AND TREATMENTS FOR ANY POTENTIAL
HEALTH CONDITIONS.
6. A HEALTH SCREENING SHALL INCLUDE CLEAR DISCLOSURE THAT EXCLUSION
CRITERIA IN CONNECTION WITH USE OF PSILOCYBIN MAY INCREASE SIGNIFICANT
HEALTH AND SAFETY RISKS.
7. ANY INDICATION OF EXCLUSION CRITERIA SHALL DISQUALIFY A PERSON FROM
A PSILOCYBIN PERMIT DUE TO HEALTH RISKS TO SUCH PERSON OR OTHERS.
8. A HEALTH SCREENING SHALL BE ALLOWED TO BE TAKEN IN AN ENTIRELY
ONLINE FORMAT PROVIDED BY THE DEPARTMENT OR WITH A LICENSED HEALTHCARE
PROVIDER, WHO SHALL THEN SUBMIT SUCH SCREENING TO THE DEPARTMENT.
9. THE PERMIT COURSE, WHICH SHALL BE NO LONGER THAN FIVE (5) HOURS AND
ALLOWED TO BE TAKEN IN AN IN-PERSON OR ENTIRELY ONLINE FORMAT, SHALL
PROVIDE THE APPROPRIATE EDUCATION AND INFORMATION ABOUT PSILOCYBIN AND
PSILOCYBIN-CONTAINING FUNGI USING A CURRICULUM DEVELOPED BY THE DEPART-
MENT REGARDING THE HISTORY OF INDIGENOUS, RELIGIOUS, AND CULTURAL USE,
SAFETY, POTENCY AND EFFECTS OF DOSING AMOUNTS, CONTRAINDICATED HEALTH
CONDITIONS AND SUBSTANCES, THE VALUE OF PREPARATION AND INTEGRATION, THE
APPROPRIATE SETTING FOR USE, AND ANY MEDICALLY AVAILABLE EVIDENCE OF
BENEFITS, HEALTH RISKS, AND THE SENSITIVITY PERIOD SUBSEQUENT TO PSILO-
CYBIN USE, AND OPTIONAL SUPPORT SERVICES AVAILABLE, APPROPRIATE CONDUCT
AND INFORMED CONSENT REQUIRED FOR SUCH SERVICES, AND THE DEPARTMENT
REPORTING SYSTEM ESTABLISHED PURSUANT TO THIS TITLE. THE DEPARTMENT
SHALL UPDATE THE CURRICULUM FOR THE PERMIT COURSE WITH MEDICALLY AVAIL-
ABLE INFORMATION BIENNIALLY.
10. A PERMIT HOLDER MUST SUCCESSFULLY COMPLETE AN ABBREVIATED RENEWAL
PERMIT COURSE BASED ON CHANGES TO THE CURRICULUM OR THIS TITLE EVERY
FOUR YEARS TO MAINTAIN SUCH PERMIT HOLDER'S PERMIT.
11. THE COST OF THE PERMIT COURSE AND THE PERMIT APPLICATION SHALL NOT
EXCEED REASONABLE, ACCESSIBLE FEES CONSISTENT WITH OTHER STATE PERMITS.
A PERMIT COURSE SHALL NOT EXCEED ONE HUNDRED DOLLARS AND THE PERMIT
APPLICATION SHALL NOT EXCEED EIGHTY DOLLARS.
12. THE DEPARTMENT MAY APPROVE A PERMIT COURSE DEVELOPED BY A PERSON
OR BUSINESS ENTERPRISE THAT SATISFIES THE CURRICULUM REQUIREMENTS AND
WILL PROVIDE CERTIFICATION THAT SUCH PERMIT COURSE, INCLUDING THE TEST,
WAS SUCCESSFULLY COMPLETED TO THE DEPARTMENT.
13. A PSILOCYBIN PERMIT MAY BE GRANTED TO A CITIZEN OF ANY STATE, BUT
SUCH RIGHTS GRANTED BY THE PSILOCYBIN PERMIT ONLY AUTHORIZE THE REGU-
LATED ACTIVITIES IN THIS TITLE WITHIN THE STATE OF NEW YORK.
14. A PSILOCYBIN PERMIT HOLDER MAY ONLY LAWFULLY PURCHASE PSILOCYBIN
FROM A LICENSED CULTIVATOR PURSUANT TO THIS TITLE, CULTIVATE THEIR OWN
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PSILOCYBIN, OR RECEIVE IT AS A NON-COMMERCIAL GIFT FROM ANOTHER PERMIT
HOLDER.
15. PERMIT HOLDERS HAVE THE OPTION TO ENGAGE SUPPORT SERVICES PROVID-
ERS FOR RISK REDUCTION SUPPORT SERVICES DURING ADULT USE OF PSILOCYBIN.
16. ADULT USE OF PSILOCYBIN SHALL NOT BE PERMITTED IN A PUBLIC
LOCATION WITHIN FIVE HUNDRED FEET OF A SCHOOL GROUNDS.
17. A PERMIT HOLDER IS AUTHORIZED TO PURCHASE FROM A LICENSED CULTIVA-
TOR, AS PROVIDED UNDER THIS TITLE, AN ALLOWABLE AMOUNT OF TWO OUNCES OF
PROCESSED, DRIED PSILOCYBIN-CONTAINING FUNGI EACH CALENDAR MONTH. THE
DEPARTMENT MAY INCREASE THIS ALLOWABLE AMOUNT.
18. MEASURING WEIGHT OF PSILOCYBIN-CONTAINING FUNGI FOR ADULT USE
SHALL BE MEASURED BASED ON THE DRIED, PROCESSED CONDITION OF PSILOCY-
BIN-CONTAINING FUNGI, AND DOES NOT INCLUDE THE WEIGHT OF ANY MATERIAL OF
WHICH THE SUBSTANCE IS A PART OR TO WHICH THE SUBSTANCE IS ADDED,
DISSOLVED, HELD IN SOLUTION, OR SUSPENDED, OR ANY INGREDIENT OR MATERIAL
COMBINED WITH THE SUBSTANCE AS PART OF A PREPARATION.
19. A PERMIT HOLDER IS AUTHORIZED TO PERSONALLY CULTIVATE PSILOCYBIN-
CONTAINING FUNGI IN A CULTIVATION SPACE THAT PRODUCES NO MORE THAN A
LIMITED SPACE IN VOLUME, AS REGULATED BY THE DEPARTMENT, FOR ADULT USE
OF PSILOCYBIN. NO PSILOCYBIN PERMIT HOLDER SHALL BE PENALIZED FOR
POSSESSION IN EXCESS OF THE ALLOWABLE AMOUNT IF IT IS STORED IN A LOCKED
CONTAINER WITHIN THEIR RESIDENCE FOR ADULT USE. NOTWITHSTANDING ANY
PROVISION TO THE CONTRARY, PERSONAL CULTIVATION DOES NOT PERMIT COMMER-
CIAL SALES OR RIGHTS GRANTED BY A CULTIVATION LICENSE.
20. A PERMIT HOLDER MAY PROVIDE PSILOCYBIN TO OTHER PERMIT HOLDERS
ONLY IF THE PSILOCYBIN IS A NON-COMMERCIAL TRANSACTION AND A PSILOCYBIN
PERMIT IS PROVIDED TO DEMONSTRATE AUTHORIZATION PURSUANT TO THIS TITLE.
A PERMIT HOLDER IS PROHIBITED FROM THE TRANSFER OF PSILOCYBIN AS A
REMUNERATED COMMERCIAL TRANSACTION UNLESS AUTHORIZED TO DO SO AS A
LICENSED CULTIVATOR PURSUANT TO SECTION THREE THOUSAND THREE HUNDRED
SIXTY-NINE-EE OF THIS TITLE.
21. A LICENSED HEALTHCARE PROVIDER MAY, WITHIN THE SCOPE OF SUCH
HEALTHCARE PROVIDER'S PRACTICE, OFFER PROFESSIONAL SERVICES TO SUPPORT
PATIENTS AND CLIENTS WHO ARE PERMIT HOLDERS IN SUCH PATIENTS' ADULT USE
OF PSILOCYBIN WITH RESPECT TO THE HEALTH SCREENING OR IN PREPARATION OR
SUBSEQUENT TO SUPPORT SERVICES.
22. PSILOCYBIN PERMIT HOLDERS WHO ARE IN VIOLATION OF THIS TITLE IN
MORE THAN TWO INSTANCES MAY BE PENALIZED BY LOSS OF SUCH PERMIT FOR A
PERIOD OF TWO YEARS AND, AFTER SUCH PENALIZATION PERIOD, SHALL SUBSE-
QUENTLY BE ENTITLED TO APPLY FOR A PSILOCYBIN PERMIT.
§ 3369-DD. CERTIFICATION AND AUTHORIZED SERVICES OF SUPPORT SERVICES
PROVIDER. 1. STATE-CERTIFIED SUPPORT SERVICES PROVIDERS MAY PROVIDE
NON-MEDICAL, NON-THERAPEUTIC, AND NON-DIRECTIVE RISK REDUCTION SUPPORT
SERVICES TO INCREASE THE HEALTH AND SAFETY OF A PERMIT HOLDER.
2. NO SUPPORT SERVICES CERTIFICATION ESTABLISHES ANY LICENSURE,
CERTIFICATION, OR OTHER AUTHORITY TO PROVIDE THERAPY, COACHING, OR
TREATMENT IN CONNECTION WITH ADULT USE OF PSILOCYBIN, BUT SUPPORT
SERVICES PROVIDERS ARE NOT PRECLUDED FROM CONTRACTING OR PROVIDING SEPA-
RATELY FOR SUCH SERVICES.
3. IN ORDER TO RECEIVE A SUPPORT SERVICES PROVIDER CERTIFICATION FROM
THE DEPARTMENT, A PERSON SHALL COMPLETE A SUPPORT SERVICES TRAINING
COURSE WITH A CURRICULUM AND WRITTEN EXAM THAT INCLUDES EDUCATION AND
INFORMATION ABOUT PSILOCYBIN REGARDING ITS HISTORY OF INDIGENOUS USE AND
CULTURAL RELEVANCE, BENEFITS AND HEALTH RISKS BASED ON CURRENTLY AVAIL-
ABLE MEDICAL EVIDENCE, EFFECTS OF DOSING AMOUNTS, CONTRAINDICATED HEALTH
CONDITIONS AND INTERACTING SUBSTANCES THAT INCREASE RISKS, INFORMED
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CONSENT, RISK REDUCTION STRATEGIES, AND ADVERSE EVENT AND EMERGENCY
PROTOCOL, AS DETERMINED BY THE DEPARTMENT IN REGULATION.
4. THE COST OF ANY SUPPORT SERVICES TRAINING COURSE SHALL BE A REASON-
ABLE, ACCESSIBLE AMOUNT AND NOT EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS
AND THE CERTIFICATION APPLICATION SHALL NOT EXCEED EIGHTY DOLLARS.
5. A SUPPORT SERVICES PROVIDER IS OBLIGATED TO PARTICIPATE IN BIENNIAL
CONTINUED EDUCATION COURSES WITH A CURRICULUM DETERMINED BY THE DEPART-
MENT IN REGULATION.
6. ANY TRAINING COURSE FOR SUPPORT SERVICES PROVIDERS SHALL BE AVAIL-
ABLE FOR A REASONABLE FEE AND MAY BE PROVIDED ENTIRELY ONLINE TO CREATE
AFFORDABILITY, ACCESSIBILITY, RECOGNIZE NEED FOR CULTURALLY COMPETENT
RISK REDUCTION SUPPORT, AND DIVERSITY.
7. THE DEPARTMENT MAY APPROVE A SUPPORT SERVICES TRAINING COURSE
DEVELOPED BY A PERSON OR BUSINESS ENTERPRISE THAT SATISFIES THE CURRIC-
ULUM REQUIREMENTS UNDER THIS TITLE AND WILL PROVIDE CERTIFICATION THAT
SUCH TRAINING COURSE, INCLUDING THE EXAM, WAS SUCCESSFULLY COMPLETED TO
THE DEPARTMENT.
8. SUPPORT SERVICES PROVIDERS MAY PROVIDE SUPPORT SERVICES IN ANY
LOCATION, AS DETERMINED BY THE DEPARTMENT AND TO CREATE ACCESSIBILITY,
INCLUDING BUT NOT LIMITED TO APPROPRIATELY ZONED SETTINGS SUCH AS
PRIVATE OFFICES AND COMMERCIAL USE, OR RESIDENCES OF THE PERMIT HOLDER
OR THE SUPPORT SERVICES PROVIDER WHERE A HOME OCCUPATION IS ALLOWED.
9. THE DEPARTMENT SHALL DEVELOP AN INFORMED CONSENT DOCUMENT THAT MUST
BE USED AND MAY BE MODIFIED TO INCLUDE ADDITIONAL BUT NOT CONFLICTING
INFORMATION BY A SUPPORT SERVICES PROVIDER IN EACH INSTANCE OF PROVISION
OF SUCH SERVICES TO A PSILOCYBIN PERMIT HOLDER.
10. ONE OR MORE SUPPORT SERVICES PROVIDERS MAY PROVIDE SUPPORT
SERVICES TO ONE OR MORE PERMIT HOLDERS SIMULTANEOUSLY CONSISTENT WITH
CERTAIN RULES, SUCH AS THE PROPORTION OF SERVICE PROVIDERS TO PERMIT
HOLDERS, AS DETERMINED BY THE DEPARTMENT IN REGULATION.
11. A PERSON MAY, BUT SHALL NOT BE REQUIRED TO, HAVE A PSILOCYBIN
PERMIT AND SUPPORT SERVICES CERTIFICATION CONCURRENTLY.
12. THE DEPARTMENT MAY ESTABLISH ADDITIONAL LEVELS OF CERTIFICATION
PURSUANT TO RESEARCH AND MEDICAL STANDARDS.
13. THE DEPARTMENT SHALL CREATE A CERTIFICATION BOARD TO REVIEW
SUPPORT SERVICES PROVIDER CERTIFICATION AND THE COMPLIANCE OF A SUPPORT
SERVICES PROVIDER.
14. A SUPPORT SERVICES PROVIDER SHALL BE ENTITLED TO OFFER SUPPORT
SERVICES IN EXCHANGE FOR COMPENSATION AS A COMMERCIAL TRANSACTION.
15. A SUPPORT SERVICES PROVIDER MAY ENGAGE IN THE COMMERCIAL TRANS-
ACTION OF THEIR AUTHORIZED SUPPORT SERVICES UNDER THIS TITLE AND, IF A
PERMIT HOLDER, SIMULTANEOUSLY ENGAGE IN THE NONCOMMERCIAL TRANSACTION OF
GIFTING PSILOCYBIN TO THE PERMIT HOLDER ENGAGING SUCH PROVIDER FOR
SUPPORT SERVICES.
16. A SUPPORT SERVICES PROVIDER SHALL REQUIRE CONFIRMATION OF A VALID
PSILOCYBIN PERMIT AND REVIEW THE HEALTH SCREENING FORM PROVIDED BY THE
PERMIT HOLDER ENGAGING SUPPORT SERVICES PRIOR TO PROVISION OF SERVICES
DURING THE ADULT USE OF PSILOCYBIN AUTHORIZED UNDER THIS TITLE. A PERMIT
HOLDER SHALL CONFIRM ACCURACY OF RESPONSES ON THE HEALTH SCREENING FORM
BEFORE EACH INSTANCE OF SUPPORT SERVICES.
17. A SUPPORT SERVICES CERTIFICATION UNDER THIS TITLE SHALL NOT BE A
PROFESSIONAL LICENSE UNDER THE EDUCATION LAW.
18. THE DEPARTMENT OF EDUCATION, THE DEPARTMENT, AND ANY APPLICABLE
STATE LICENSING BOARDS MAY ESTABLISH CERTIFICATIONS, LICENSURE, OR
RELATED REGULATIONS TO ALLOW A LICENSED PROFESSIONAL TO PROVIDE PROFES-
SIONAL SERVICES SIMULTANEOUSLY WITH SUPPORT SERVICES WITH A SUPPORT
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SERVICES PROVIDER CERTIFICATION OR AS OTHERWISE DETERMINED IN REGU-
LATION.
19. THIS TITLE SHALL ALLOW THE LICENSED PROFESSIONALS TO SHARE
PATIENT-APPROVED INFORMATION WITH SUPPORT SERVICE PROVIDERS THROUGH
LAWFUL DISCLOSURES AND AGREEMENTS, AS CONSISTENT WITH THE HEALTH INSUR-
ANCE PORTABILITY AND ACCOUNTABILITY ACT, AS APPLICABLE.
§ 3369-EE. CULTIVATOR LICENSE AND REQUIREMENTS. 1. FOR THE PURPOSES
OF THIS TITLE, PSILOCYBIN-CONTAINING FUNGI SHALL NOT CONSTITUTE A
"FOOD," OR "FOOD PRODUCT," AS DEFINED AND REGULATED BY SECTION 161.21 OF
TITLE ONE OF THE COMPILATION OF CODES, RULES, AND REGULATIONS OF THE
STATE OF NEW YORK, TO BE DISTINGUISHED FROM FUNGI THAT DO NOT CONTAIN
PSILOCYBIN THAT ARE CULTIVATED UNDER CONTROLLED CONDITIONS.
2. THE DEPARTMENT MAY ISSUE A CULTIVATOR LICENSE TO A CULTIVATOR OF
PSILOCYBIN-CONTAINING FUNGI TO CULTIVATE AND ENGAGE IN COMMERCIAL TRANS-
ACTIONS OF PSILOCYBIN-CONTAINING FUNGI CONSISTENT WITH THIS TITLE TO
PSILOCYBIN PERMIT HOLDERS. CULTIVATION OF PSILOCYBIN-CONTAINING FUNGI
INCLUDES PRODUCTION, MANUFACTURE, PROCESSING, AND REQUIRED TESTING AND
DISCLOSURES. COMMERCIAL TRANSACTION OF PSILOCYBIN-CONTAINING FUNGI
INCLUDE, SALE, DISTRIBUTION, AND DELIVERY.
3. TO OBTAIN A CULTIVATOR LICENSE, AN APPLICANT MUST SHOW ABILITY TO
SATISFY THE REQUIREMENTS OF THIS SECTION. MAINTENANCE OF A CULTIVATOR
LICENSE REQUIRES THE DEMONSTRATION OF THE SATISFACTION OF ALL REQUIRE-
MENTS OF THIS SECTION AND ANY REGULATIONS PROMULGATED BY THE DEPARTMENT
PURSUANT TO THIS SECTION.
4. A LICENSED CULTIVATOR MUST CULTIVATE PSILOCYBIN-CONTAINING FUNGI IN
A PROPERLY ZONED AND LICENSED FACILITY APPROVED FOR CULTIVATION. PROC-
ESSING AND PACKAGING OF PSILOCYBIN-CONTAINING FUNGI MUST BE PERFORMED IN
A MANNER CONSISTENT WITH THE RELEVANT SAFETY REGULATIONS. PSILOCYBIN-
CONTAINING FUNGI MUST BE STORED UNDER SANITARY CONDITIONS.
5. A LICENSED CULTIVATOR SHALL CULTIVATE PSILOCYBIN-CONTAINING FUNGI
USING CONTROLLED CONDITIONS THAT ADHERE TO CURRENT FOOD SAFETY PROTOCOL
IN ORDER TO REASONABLY REDUCE FUNGI CONTAMINANTS.
6. A LICENSED CULTIVATOR SHALL CLEARLY LABEL THE PSILOCYBIN-CONTAINING
FUNGI WITH THE REQUIRED DISCLOSURES, INCLUDING THE FULL REGISTERED NAME
OF THE LICENSED CULTIVATOR, SUCH CULTIVATOR'S OFFICE ADDRESS, A
DESCRIPTION OF CONTENTS PROVIDING THE DISCLOSURE OF THE STRAIN, AND THE
CULTURE-SPECIFIC APPROXIMATE PSILOCYBIN EQUIVALENT POTENCY OF THE PSILO-
CYBIN-CONTAINING FUNGI.
7. A LICENSED CULTIVATOR SHALL ENGAGE IN ANNUAL TESTING FOR EACH
CULTURE USED FOR CULTIVATION IN ORDER TO REASONABLY CONFIRM SATISFACTION
OF ALL RELEVANT PROTOCOL, INCLUDING STRAIN AND POTENCY, THROUGH AUTHOR-
IZED IN-STATE TESTING FACILITIES, AS REGULATED BY THE DEPARTMENT. ANY
NEW CULTURES SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
8. A LICENSED CULTIVATOR MAY SELL DIRECTLY TO PERMIT HOLDERS WITHIN AN
INTRASTATE SYSTEM ESTABLISHED BY THE DEPARTMENT. SALES BY LICENSED
CULTIVATORS MAY BE ACCOMPLISHED USING DIRECT TO CONSUMER DELIVERY
SERVICES SOLELY TO PERMIT HOLDERS IN THE STATE. DELIVERIES MAY BE FACIL-
ITATED BY CONTRACTING WITH ADDITIONAL PERSONS OR BUSINESS ENTERPRISES
AND REMAIN AN AUTHORIZED ACTIVITY PURSUANT TO A CULTIVATOR LICENSE.
9. SALES SHALL NOT NEED TO BE THROUGH A DISPENSARY, HOWEVER THE
DEPARTMENT MAY PROMULGATE RULES RELATED TO A DISPENSARY CONTRACTED WITH
A LICENSED CULTIVATOR AND MEETS OTHER APPLICABLE REQUIREMENTS OF THIS
TITLE.
10. ANY COMMERCIAL TRANSACTION REQUIRES PROVISION OF AN INFORMATIONAL
DOCUMENT THAT GIVES INFORMATION ABOUT STRENGTH OF PSILOCYBIN-CONTAINING
FUNGI AND DOSING AND IDENTIFIES OPTIONAL SUPPORT SERVICE PROVIDERS.
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11. ANY PERSON OR BUSINESS ENTERPRISE THAT IS CONTRACTED FOR SERVICES
BY A LICENSED CULTIVATOR, FOR OR TO ACCOMPLISH AN AUTHORIZED ACTIVITY
UNDER SUCH CULTIVATOR LICENSE, SUCH AS DELIVERY SERVICES TO PERMIT HOLD-
ERS OR TESTING OF POTENCY, SHALL BE CONSIDERED A LICENSEE TO THE EXTENT
OF THE PERFORMANCE OF THE CONTRACTED SERVICES AND SHALL NOT BE IN
VIOLATION OF THIS TITLE.
12. LICENSED CULTIVATORS SHALL MAINTAIN SECURE STORAGE OF PSILOCYBIN
PRIOR TO DISTRIBUTION TO PREVENT DIVERSION AND IN A MANNER THAT WILL
MAINTAIN THE DISCLOSED POTENCY AND PREVENT CONTAMINATION.
13. LICENSED CULTIVATORS MUST MAINTAIN RECORDS OF ALL CULTIVATION
PRODUCTION AND SALES. UPON REQUEST BY THE DEPARTMENT, LICENSED CULTIVA-
TORS MUST PROVIDE THESE RECORDS AND ENGAGE IN ANNUAL INSPECTIONS.
14. THE DEPARTMENT SHALL MAINTAIN A REGISTRY OF CULTIVATORS WHO ARE
LICENSED FOR PERMIT HOLDERS TO PURCHASE PSILOCYBIN-CONTAINING FUNGI.
§ 3369-FF. RELATION TO OTHER LAWS. 1. NOTHING UNDER THIS TITLE PERMITS
OR AUTHORIZES THE PROMOTION OF USE OF PSILOCYBIN AS A DRUG, SUBSTANCE,
OR PRODUCT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR
MENTAL HEALTH OR OTHER HEALTH CONDITIONS.
2. SECTION THREE THOUSAND THREE HUNDRED SIX OF THIS ARTICLE SHALL BE
AMENDED TO REMOVE "PSILOCYBIN" AND "PSILOCIN" FROM THE SCHEDULES OF
CONTROLLED SUBSTANCES AND TO PROVIDE AN EXCEPTION FOR "PSILOCYBIN" AND
"PSILOCIN" FROM "HALLUCINOGENIC SUBSTANCES".
3. FOR THE PURPOSES OF THIS TITLE, PSILOCYBIN AND PSILOCIN SHALL NOT
BE DEEMED TO BE A "DRUG" FOR PURPOSES OF SUBDIVISION TWELVE OF SECTION
THREE THOUSAND THREE HUNDRED TWO OF THIS ARTICLE.
4. FOR THE PURPOSES OF THIS TITLE, PSILOCYBIN-CONTAINING MUSHROOMS
SHALL NOT BE DEEMED A FOOD OR FOOD PRODUCT UNDER THE AGRICULTURE AND
MARKETS LAW.
5. FOR THE PURPOSES OF THIS TITLE, PSILOCYBIN SHALL NOT BE DEEMED TO
BE A "DRUG" FOR PURPOSES OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE
EDUCATION LAW AND IS NOT INTENDED TO BE DISTRIBUTED THROUGH ANY PHARMA-
CY.
6. TO USE, MANUFACTURE, DELIVER, SELL, OR DISTRIBUTE PSILOCYBIN WITH-
OUT AUTHORIZATION BY PSILOCYBIN PERMIT OR CULTIVATOR LICENSE SHALL NOT
EXCEED A FINDING OF A VIOLATION PURSUANT TO SECTION 55.10 OF THE PENAL
LAW.
7. WHERE A PROVISION OF THIS TITLE CONFLICTS WITH ANOTHER PROVISION OF
THIS CHAPTER, THIS TITLE SHALL APPLY.
§ 3369-GG. PROTECTIONS. 1. PSILOCYBIN PERMIT HOLDERS, LICENSED CULTI-
VATORS, AND CERTIFIED SUPPORT SERVICES PROVIDERS SHALL NOT BE SUBJECT TO
ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR
PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL PENALTY OR DISCIPLINARY
ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR
BUREAU, SOLELY FOR THE ADULT USE OF PSILOCYBIN OR FOR ANY OTHER ACTION
OR CONDUCT IN ACCORDANCE WITH THIS TITLE.
2. AN APPLICANT OR HOLDER OF A PROFESSIONAL OR OCCUPATIONAL LICENSE,
CERTIFICATION, OR REGISTRATION UNDER STATE LAW AND THROUGH A STATE
DEPARTMENT SHALL NOT BE SUBJECT TO DISQUALIFICATION, DENIAL, SUSPENSION,
REVOCATION, PROFESSIONAL DISCIPLINE, OR LOSS OF A PROFESSIONAL LICENSE
OR CERTIFICATION FOR ANY ACTIVITIES AUTHORIZED UNDER THIS TITLE.
3. NO PERSON SHALL BE DISQUALIFIED FROM ANY AUTHORIZED RIGHTS,
PROGRAMS, OR PROVISION OF THIS TITLE DUE TO A VIOLATION OF ANY FEDERAL
OR STATE LAWS RELATING TO CONTROLLED SUBSTANCES.
4. A PROFESSIONAL OR OCCUPATIONAL LICENSEE OR ANY PERSON WITH LICEN-
SURE, CERTIFICATION, OR REGISTRATION UNDER STATE LAW OR THROUGH A STATE
DEPARTMENT SHALL HAVE THE RIGHT TO PROVIDE SERVICES WITHIN THE SCOPE OF
A. 10375 10
SUCH LICENSE OR CERTIFICATION TO SUPPORT CLIENTS OR PATIENTS WHO ARE
SEEKING TO BECOME OR ARE PSILOCYBIN PERMIT HOLDERS IN CONNECTION WITH
CONDUCT AUTHORIZED UNDER THIS TITLE, INCLUDING BUT NOT LIMITED TO
DISCUSSIONS WITH SUCH LICENSEE'S PATIENTS ABOUT THE POTENTIAL BENEFITS
AND RISKS OF ADULT USE OF PSILOCYBIN.
5. THIS SUBDIVISION SHALL NOT BAR THE ENFORCEMENT OF A POLICY PROHIB-
ITING AN EMPLOYEE FROM PERFORMING SUCH EMPLOYEE'S EMPLOYMENT DUTIES
WHILE IMPAIRED BY A CONTROLLED SUBSTANCE. THIS SUBDIVISION SHALL NOT
REQUIRE ANY PERSON OR BUSINESS ENTERPRISE TO ENGAGE IN ANY ACT THAT
WOULD PUT THE PERSON OR BUSINESS ENTERPRISE IN DIRECT VIOLATION OF
FEDERAL LAW OR CAUSE IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
6. AN OTHERWISE ENFORCEABLE CONTRACT RELATED TO PROGRAMS OR ACTIVITIES
AUTHORIZED UNDER THIS TITLE SHALL NOT BE UNENFORCEABLE ON THE BASIS OF
STATE OR FEDERAL CONTROLLED SUBSTANCES LAWS.
7. USE OF PSILOCYBIN BY INGESTION MAY ONLY BE CONSIDERED TO CAUSE AN
INTOXICATED STATE WHEN SUBSTANTIALLY IMPAIRED, AND ANY RELATED CONDUCT,
INCLUDING DRIVING, SHALL BE REGULATED CONSISTENT WITH APPLICABLE STATE
LAWS INCLUDING LAWS RESTRICTING DRIVING UNDER THE INFLUENCE. A DRUG
SCREENING THAT CONTAINS POSITIVE RESULTS OF THE USE OF PSILOCYBIN IS NOT
SUFFICIENT EVIDENCE TO DEMONSTRATE INTOXICATION WITHOUT OTHER CONDUCT
THAT INDICATES IMPAIRMENT.
8. (A) THE FACT THAT A PERSON IS A PSILOCYBIN PERMIT HOLDER, A SUPPORT
SERVICES PROVIDER, A LICENSED CULTIVATOR AND/OR ACTING IN ACCORDANCE
WITH THIS TITLE SHALL NOT BE A CONSIDERATION IN A PROCEEDING PURSUANT TO
APPLICABLE SECTIONS OF THE DOMESTIC RELATIONS LAW, THE FAMILY COURT ACT,
OR THE SOCIAL SERVICES LAW.
(B) CONDUCT PERMITTED BY THIS TITLE SHALL NOT, BY ITSELF:
(I) CONSTITUTE CHILD ABUSE OR NEGLECT WITHOUT A FINDING OF ACTUAL
THREAT TO THE HEALTH OR WELFARE OF A CHILD BASED ON ALL RELEVANT
FACTORS;
(II) BE THE BASIS TO RESTRICT PARENTING TIME WITH A CHILD WITHOUT
FINDING THAT THE PARENTING TIME WOULD ENDANGER SUCH CHILD'S EMOTIONAL
DEVELOPMENT; OR
(III) BE THE BASIS TO DENY ELIGIBILITY FOR ANY PUBLIC ASSISTANCE
PROGRAM, UNLESS REQUIRED BY FEDERAL LAW.
9. (A) INFORMATION CONTAINED IN ANY DATABASE CREATED AS PART OF THIS
TITLE SHALL BE DEEMED EXEMPT FROM PUBLIC DISCLOSURE UNDER SECTIONS
EIGHTY-SEVEN AND EIGHTY-NINE OF THE PUBLIC OFFICERS LAW.
(B) THE NAME, CONTACT INFORMATION, AND OTHER INFORMATION RELATING TO
SUPPORT SERVICES PROVIDERS REGISTERED WITH THE DEPARTMENT UNDER THIS
TITLE SHALL BE PUBLIC INFORMATION AND SHALL BE MAINTAINED ON THE DEPART-
MENT'S WEBSITE AND ACCESSIBLE TO THE PUBLIC IN SEARCHABLE FORM. HOWEV-
ER, IF A SUPPORT SERVICES PROVIDER NOTIFIES THE DEPARTMENT IN WRITING
THAT SUCH SUPPORT SERVICES PROVIDER DOES NOT WANT SUCH PROVIDER'S NAME
AND OTHER INFORMATION DISCLOSED, SUCH SUPPORT SERVICES PROVIDER'S NAME
AND OTHER INFORMATION SHALL THEREAFTER NOT BE PUBLIC INFORMATION OR
MAINTAINED ON THE DEPARTMENT OF EDUCATION'S WEBSITE, UNLESS THE SUPPORT
SERVICES PROVIDER CANCELS THE REQUEST.
§ 3369-HH. REGULATED PSILOCYBIN ADVISORY BOARD. 1. THE REGULATED
PSILOCYBIN ADVISORY BOARD OR "ADVISORY BOARD" IS ESTABLISHED WITHIN THE
DEPARTMENT TO ADVISE AND ISSUE RECOMMENDATIONS ON THE ADULT USE OF
PSILOCYBIN AND ALL PROGRAMS UNDER THIS TITLE IN THE STATE OF NEW YORK.
2. THE ADVISORY BOARD SHALL CONSIST OF THIRTEEN VOTING APPOINTED
MEMBERS, ALONG WITH THE FOLLOWING MEMBERS SERVING AS NON-VOTING EX-OFFI-
CIO MEMBERS: (A) THE COMMISSIONER, OR THEIR DESIGNEE; AND (B) A REPRE-
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SENTATIVE FROM THE DEPARTMENT WHO IS FAMILIAR WITH PUBLIC HEALTH
PROGRAMS AND PUBLIC HEALTH ACTIVITIES IN THE STATE.
3. THE GOVERNOR SHALL HAVE SEVEN APPOINTMENTS, AT LEAST ONE OF WHICH
SHALL BE A MEMBER OF A FEDERAL OR STATE RECOGNIZED NATIVE AMERICAN
TRIBE, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY SHALL EACH HAVE THREE APPOINTMENTS TO THE BOARD. ADVISORY BOARD
MEMBERS SHALL HAVE STATEWIDE GEOGRAPHIC REPRESENTATION THAT IS BALANCED
AND DIVERSE IN ITS COMPOSITION. APPOINTED MEMBERS SHALL HAVE AN EXPER-
TISE IN AGRICULTURE AND MYCOLOGY, PUBLIC AND BEHAVIORAL HEALTH, PSILOCY-
BIN-ASSISTED THERAPY RESEARCH, MENTAL HEALTH (INCLUDING PTSD, DEPRESSION
AND ANXIETY), SUBSTANCE USE DISORDERS, PAIN MANAGEMENT, ACCESS TO CARE
IN UNDERSERVED COMMUNITIES, VETERAN HEALTH CARE, POLICY OR LEGAL EXPER-
TISE RELATED TO PSILOCYBIN, PHARMACOLOGY, OR HARM REDUCTION AND RISK
REDUCTION TRAINING.
4. THE MEMBERS SHALL BE APPOINTED TO THE ADVISORY BOARD TO EACH SERVE
FOUR-YEAR TERMS AND IN THE EVENT OF A VACANCY, THE VACANCY SHALL BE
FILLED IN THE MANNER OF THE ORIGINAL APPOINTMENT FOR THE REMAINDER OF
THE TERM. THE APPOINTED MEMBERS AND REPRESENTATIVES SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS BOARD
MEMBERS.
5. THE CHAIRPERSON OF THE ADVISORY BOARD AND THE VICE CHAIRPERSON
SHALL BE ELECTED FROM AMONG THE MEMBERS OF THE ADVISORY BOARD BY THE
MEMBERS OF SUCH ADVISORY BOARD. THE VICE CHAIRPERSON SHALL REPRESENT THE
ADVISORY BOARD IN THE ABSENCE OF THE CHAIRPERSON AT ALL OFFICIAL ADVI-
SORY BOARD FUNCTIONS.
6. THE ADVISORY BOARD SHALL ENACT, AND FROM TIME TO TIME MAY AMEND,
BYLAWS OR RULES IN RELATION TO ITS MEETINGS AND THE TRANSACTION OF ITS
BUSINESS. THE BOARD MAY ALSO ESTABLISH COMMITTEES AND SUBCOMMITTEES
NECESSARY FOR THE OPERATION OF THE BOARD. THE ADVISORY BOARD SHALL WORK
WITH ESTABLISHED RELIGIOUS, CULTURAL AND COMMUNITY-BASED PSILOCYBIN
GROUPS AND CULTIVATORS ON RECOMMENDATIONS TO THE DEPARTMENT REGARDING
GUIDELINES FOR SAFE AND EFFECTIVE SERVICES, SAFETY STANDARDS, INDUSTRY
BEST PRACTICES, CODE OF PROFESSIONAL CONDUCT, EDUCATION, TRAINING, AND
EXAMINATION FOR SUPPORT SERVICES PROVIDERS, PRODUCTION, AND LONG-TERM
STRATEGIC PLANS FOR SERVICE. A MAJORITY OF THE TOTAL NUMBER OF VOTING
MEMBERS WHICH THE BOARD WOULD HAVE WERE THERE NO VACANCIES, SHALL
CONSTITUTE A QUORUM AND SHALL BE REQUIRED FOR THE BOARD TO CONDUCT BUSI-
NESS. ALL MEETINGS OF THE ADVISORY BOARD SHALL BE CONDUCTED IN ACCORD-
ANCE WITH THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
(A) WITHIN THE FIRST TWO YEARS OF THE ESTABLISHMENT OF THE ADVISORY
BOARD, THE BOARD SHALL MEET AT LEAST ONCE EVERY CALENDAR MONTH AT A TIME
AND PLACE DETERMINED BY THE CHAIRPERSON OR A MAJORITY OF THE VOTING
MEMBERS OF THE BOARD. AFTER THE FIRST TWO YEARS, THE ADVISORY BOARD
SHALL MEET AT LEAST ONCE EVERY CALENDAR QUARTER AT A TIME AND PLACE
DETERMINED BY THE CHAIRPERSON OR A MAJORITY OF THE VOTING MEMBERS OF THE
BOARD. THE ADVISORY BOARD MAY ALSO MEET AT OTHER TIMES AND PLACES SPECI-
FIED BY THE CALL OF THE CHAIRPERSON OR OF A MAJORITY OF THE VOTING
MEMBERS OF THE BOARD.
(B) AFTER THE FIRST YEAR OF THE IMPLEMENTATION OF THE PROGRAMS, THERE
SHALL BE: (I) A PROGRAM AUDIT INCORPORATING PERMIT HOLDER OPTIONAL FEED-
BACK THROUGH THE REPORTING PROGRAM; AND (II) A STATE AND INDEPENDENT
REVIEW OF EFFICACY, EFFICIENCY, COST, AND EQUITY. THE AUDIT WILL INCLUDE
CONSIDERATION OF WHETHER AND HOW TO EXPAND PSILOCYBIN ACCESS, INCLUDING
ADDITIONAL CERTIFICATIONS AND LICENSES RELATING TO USE OF PSILOCYBIN IN
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CONNECTION WITH QUALIFYING HEALTH CONDITIONS AND PSILOCYBIN ASSISTED
THERAPY.
7. THE ADVISORY BOARD SHALL HAVE THE FOLLOWING DUTIES:
(A) PROVIDE ADVICE TO THE DEPARTMENT REGARDING THE PROVISIONS OF THIS
TITLE AND MAKE RECOMMENDATIONS ON AVAILABLE MEDICAL, PSYCHOLOGICAL,
SCIENTIFIC STUDIES, RESEARCH AND OTHER INFORMATION RELATING TO THE SAFE-
TY OF USE OF PSILOCYBIN.
(B) DETERMINE EXCLUSION CRITERIA TO PRECLUDE ISSUANCE OF PSILOCYBIN
PERMITS.
(C) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON THE REQUIREMENTS, SPEC-
IFICATIONS, AND GUIDELINES FOR PROVIDING SUPPORT SERVICES TO A PERMIT
HOLDER.
(D) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON PUBLIC HEALTH AND SAFETY
STANDARDS AND INDUSTRY BEST PRACTICES UNDER THIS TITLE.
(E) DEVELOP A LONG-TERM STRATEGIC PLAN FOR ENSURING THAT PSILOCYBIN
SERVICES IN THE STATE WILL BECOME AND REMAIN A SAFE, ACCESSIBLE AND
AFFORDABLE THERAPEUTIC OPTION, INCLUDING IN THERAPEUTIC AND MEDICAL
TREATMENTS, FOR ALL PERSONS EIGHTEEN YEARS OF AGE AND OLDER FOR WHOM
PSILOCYBIN SERVICES MAY BE APPROPRIATE.
(F) MONITOR AND STUDY FEDERAL LAWS, REGULATIONS AND POLICIES REGARDING
PSILOCYBIN.
§ 3369-II. TAXATION OF PSILOCYBIN REGULATED ACTIVITIES. 1. NOTWITH-
STANDING ANY LAWS TO THE CONTRARY, PERSONS OR BUSINESS ENTERPRISES WHO
COLLECT ANY AMOUNTS OF MONIES UNDER THIS TITLE, INCLUDING BUT NOT LIMIT-
ED TO FOR SUPPORT SERVICES, REMUNERATION FOR PSILOCYBIN PROPERLY
DISTRIBUTED BY A LICENSED CULTIVATOR, AND FEES FOR COURSES, SHALL BE
TAXED AS INCOME UNDER STATE LAW.
2. ANY EXPENSES INCURRED IN ANY BUSINESS OPERATED IN ACCORDANCE WITH
THIS TITLE SHALL BE TREATED AS TAX-DEDUCTIBLE UNDER STATE LAW.
3. PROCEEDS AND FEES UNDER THIS TITLE SHALL BE USED TO SUPPORT THE
COSTS OF THE DEPARTMENT TOWARDS ADMINISTRATION AND OTHER COSTS RELATING
TO PROGRAMS PURSUANT TO THIS TITLE, INCLUDING BUT NOT LIMITED TO PUBLIC
EDUCATION AND RISKS OF USING PSILOCYBIN.
4. THE DEPARTMENT SHALL ISSUE REGULATIONS TO IMPLEMENT AND IMPOSE THE
TAX.
§ 2. This act shall take effect immediately.