S T A T E   O F   N E W   Y O R K
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                                  8349--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M. of A. BURKE, LUPARDO -- read once and referred to the
   Committee on Health -- recommitted  to  the  Committee  on  Health  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the public health law, in relation to establishing a
   psilocybin assisted therapy  pilot  program  for  veterans  and  first
   responders
 
   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  section
 3309-c to read as follows:
   §  3309-C.  PSILOCYBIN  ASSISTED  THERAPY  PILOT  PROGRAM.  1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "CERTIFIED  MEDICAL USE" INCLUDES USE OF MEDICAL PSILOCYBIN FOR A
 PATIENT TO TREAT OR ALLEVIATE A PATIENT'S MEDICAL CONDITION OR  SYMPTOMS
 ASSOCIATED WITH THE PATIENT'S MEDICAL CONDITION.
   (B) "FACILITATOR" SHALL MEAN A MENTAL HEALTH COUNSELOR, PSYCHOANALYST,
 PSYCHOLOGIST,  PHYSICIAN,  PHYSICIAN  ASSISTANT, REGISTERED PROFESSIONAL
 NURSE, CLINICAL NURSE SPECIALIST, NURSE PRACTITIONER, OCCUPATIONAL THER-
 APIST, OCCUPATIONAL THERAPY ASSISTANT, LICENSED CLINICAL SOCIAL  WORKER,
 OR  AN INDIVIDUAL WITH EVIDENCE OF PRIOR EXPERIENCE AND KNOWLEDGE IN THE
 FIELD OF PSYCHEDELIC ASSISTED THERAPY WHO HAS COMPLETED ALL REQUIREMENTS
 UNDER SUBDIVISION THREE OF THIS SECTION.
   (C) "MEDICAL PSILOCYBIN" SHALL MEAN PSILOCYBIN INTENDED FOR  A  CERTI-
 FIED MEDICAL USE, AS DETERMINED BY THE DEPARTMENT.
   (D)  "PSILOCYBIN" SHALL MEAN A NATURALLY OCCURRING PSYCHEDELIC PRODRUG
 COMPOUND PRODUCED BY FUNGI, INCLUDING BUT NOT LIMITED TO MEMBERS OF  THE
 GENUS  PSILOCYBE.  SUCH  TERM SHALL INCLUDE PSILOCIN, THE SUBSTANCE INTO
 WHICH PSILOCYBIN IS CONVERTED IN THE HUMAN BODY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13531-03-4
              

 A. 8349--A                          2
 
   2. (A) THE DEPARTMENT SHALL ESTABLISH A  PSILOCYBIN  ASSISTED  THERAPY
 PILOT  PROGRAM.  SUCH  PILOT  PROGRAM SHALL PROVIDE TEN THOUSAND PATIENT
 PARTICIPANTS, AS DESCRIBED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  WITH
 THE FUNDING NECESSARY TO RECEIVE PSILOCYBIN ASSISTED THERAPY. SUCH PILOT
 PROGRAM  SHALL BE TERMINATED UPON THE APPROVAL OF PSILOCYBIN FOR MEDICAL
 USE BY THE FEDERAL DRUG ENFORCEMENT  ADMINISTRATION,  OR  ANY  SUCCESSOR
 AGENCY.
   (B) PARTICIPANTS IN THE PILOT PROGRAM SHALL INCLUDE VETERANS AND THEIR
 FAMILIES,  FIRST RESPONDERS, RETIRED FIRST RESPONDERS, AND THOSE SUFFER-
 ING FROM CLUSTER HEADACHES; PROVIDED, HOWEVER,  THAT  SUCH  PARTICIPANTS
 RESIDE IN THE WESTERN REGION OF NEW YORK.
   (C)  THE  DEPARTMENT  SHALL  PROMULGATE  ANY NECESSARY RULES AND REGU-
 LATIONS FOR THE APPLICATION AND DISTRIBUTION OF ANY  FUNDS  PURSUANT  TO
 THIS SUBDIVISION.
   3.  PRIOR  TO  FACILITATING  A PSILOCYBIN SESSION, A FACILITATOR SHALL
 COMPLETE A COURSE AS DETERMINED BY THE DEPARTMENT IN REGULATION.
   4. (A) THE DEPARTMENT MAY PROVIDE FOR THE ANALYSIS AND  EVALUATION  OF
 THE  OPERATION OF THIS SECTION. 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 IMPLE-
 MENTATION AND EFFECTIVENESS OF THIS SECTION.
   (B) THE DEPARTMENT MAY DEVELOP, SEEK ANY  NECESSARY  FEDERAL  APPROVAL
 FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF PSILOCY-
 BIN.    PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
 THE PART OF FACILITATORS, PATIENTS, AND DESIGNATED CAREGIVERS.
   (C) NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF  THIS  SECTION
 AND  EVERY  TWO  YEARS  THEREAFTER,  THE  DEPARTMENT SHALL REPORT TO THE
 GOVERNOR AND THE LEGISLATURE ON THE MEDICAL USE OF PSILOCYBIN UNDER THIS
 SECTION AND MAKE APPROPRIATE RECOMMENDATIONS.
   5. (A) THE PROVISIONS OF THIS SECTION SHALL TAKE PRECEDENCE  OVER  ANY
 CONFLICTING PROVISIONS OF THIS CHAPTER.
   (B)  FOR THE PURPOSES OF THIS SECTION, MEDICAL PSILOCYBIN SHALL NOT BE
 DEEMED TO BE A "DRUG" FOR PURPOSES OF ARTICLE ONE  HUNDRED  THIRTY-SEVEN
 OF THE EDUCATION LAW.
   6.  (A)  PATIENTS, PRACTITIONERS AND FACILITATORS 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 CERTIFIED MEDICAL USE OF PSILOCYBIN  OR  FOR  ANY
 OTHER ACTION OR CONDUCT IN ACCORDANCE WITH THIS SECTION.
   (B) THIS SUBDIVISION SHALL NOT BAR THE ENFORCEMENT OF A POLICY PROHIB-
 ITING  AN  EMPLOYEE  FROM  PERFORMING HIS OR HER EMPLOYMENT DUTIES WHILE
 IMPAIRED BY A CONTROLLED SUBSTANCE. THIS SUBDIVISION SHALL  NOT  REQUIRE
 ANY  PERSON  OR ENTITY TO DO ANY ACT THAT WOULD PUT THE PERSON OR ENTITY
 IN DIRECT VIOLATION OF FEDERAL  LAW  OR  CAUSE  IT  TO  LOSE  A  FEDERAL
 CONTRACT OR FUNDING.
   (C)  THE  FACT  THAT A PERSON IS A PATIENT AND/OR ACTING IN ACCORDANCE
 WITH THIS SECTION, SHALL NOT BE A CONSIDERATION IN A PROCEEDING PURSUANT
 TO APPLICABLE  SECTIONS  OF  THE  DOMESTIC  RELATIONS  LAW,  THE  SOCIAL
 SERVICES LAW, AND THE FAMILY COURT ACT.
   (D)  (I)  CERTIFICATION  FORMS  AND  ANY PATIENT INFORMATION CONTAINED
 WITHIN A DATABASE SHALL BE DEEMED EXEMPT FROM  PUBLIC  DISCLOSURE  UNDER
 SECTIONS  EIGHTY-SEVEN  AND EIGHTY-NINE OF THE PUBLIC OFFICERS LAW. UPON
 SPECIFIC REQUEST BY A PATIENT TO THE DEPARTMENT,  THE  DEPARTMENT  SHALL
 VERIFY  THE  REQUESTING  PATIENT'S  STATUS  AS  A  VALID  PATIENT TO THE
 A. 8349--A                          3
 
 PATIENT'S SCHOOL OR  EMPLOYER  OR  OTHER  DESIGNATED  PARTY,  TO  ENSURE
 COMPLIANCE WITH THE PROTECTIONS AFFORDED BY THIS SUBDIVISION.
   (II)  THE NAME, CONTACT INFORMATION, AND OTHER INFORMATION RELATING TO
 FACILITATORS REGISTERED WITH THE DEPARTMENT UNDER THIS SECTION SHALL  BE
 PUBLIC  INFORMATION  AND SHALL BE MAINTAINED ON THE DEPARTMENT'S WEBSITE
 ACCESSIBLE TO THE PUBLIC IN SEARCHABLE FORM. HOWEVER, IF  A  FACILITATOR
 NOTIFIES  THE  DEPARTMENT IN WRITING THAT HE OR SHE DOES NOT WANT HIS OR
 HER NAME AND OTHER INFORMATION DISCLOSED, SUCH  FACILITATOR'S  NAME  AND
 OTHER  INFORMATION  SHALL  THEREAFTER NOT BE PUBLIC INFORMATION OR MAIN-
 TAINED ON THE DEPARTMENT'S WEBSITE, UNLESS SUCH FACILITATOR CANCELS  THE
 REQUEST.
   (E) A PERSON CURRENTLY UNDER PAROLE, PROBATION OR OTHER STATE OR LOCAL
 SUPERVISION,  OR  RELEASED ON BAIL AWAITING TRIAL MAY NOT BE PUNISHED OR
 OTHERWISE PENALIZED FOR CONDUCT ALLOWED UNDER THIS SECTION.
   7. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
 TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.