Senate Bill S7832A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7832--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 20, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be  committed to the Committee on Rules -- recommitted to
   the Committee on Health in accordance with Senate Rule 6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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.
                                                            LBD13531-04-4
              

 S. 7832--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
 S. 7832--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.