Assembly Bill A9583

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9583
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law and  the  state  finance  law,  in
   relation  to  providing  a  research  grant to fund clinical trials of
   ibogaine; and providing for the repeal of such provisions upon expira-
   tion thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "veterans' ibogaine PTSD research grant program".
   § 2. The public health law is amended by adding a new article 33-C  to
 read as follows:
                               ARTICLE 33-C
               VETERANS' IBOGAINE PTSD RESEARCH GRANT PROGRAM
 SECTION 3399. IBOGAINE RESEARCH GRANT PROGRAM.
   § 3399. IBOGAINE  RESEARCH GRANT PROGRAM. 1. THE COMMISSIONER, SUBJECT
 TO APPROPRIATION, SHALL ESTABLISH AND  ADMINISTER  A  COMPETITIVE  GRANT
 PROGRAM  TO  FUND  UNITED  STATES FOOD AND DRUG ADMINISTRATION-COMPLIANT
 CLINICAL TRIALS OF IBOGAINE FOR THE TREATMENT OF VETERANS FOR POST-TRAU-
 MATIC STRESS DISORDER (PTSD).
   2. GRANTS SHALL ONLY BE AWARDED  TO  ENTITIES  CAPABLE  OF  CONDUCTING
 PHASE  II  OR  PHASE III TRIALS AND SEEKING FDA APPROVAL OF IBOGAINE FOR
 THE TREATMENT OF POST-TRAUMATIC STRESS DISORDER  IN  THE  VETERAN  POPU-
 LATION.
   3.  NO  STATE  FUNDS  SHALL  BE DISBURSED UNLESS THE GRANTEE AGREES TO
 PROVIDE DOLLAR-FOR-DOLLAR MATCHING FUNDS FROM NON-STATE SOURCES.
   4. PREFERENCE SHALL BE GIVEN TO APPLICANTS THAT: (A) COMMIT TO  ESTAB-
 LISHING  OR  MAINTAINING  A  PHYSICAL PRESENCE IN NEW YORK FOR RESEARCH,
 MANUFACTURING, OR  DISTRIBUTION;  AND  (B)  INCLUDE  VETERANS  IN  TRIAL
 DESIGN, RECRUITMENT, AND AFTERCARE PLANS.
   5.  THE COMMISSIONER SHALL CONVENE AN ADVISORY COMMITTEE, IN CONSULTA-
 TION WITH THE OFFICE OF  MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION
 SERVICES  AND  SUPPORTS, TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS
 FOR AWARDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14338-01-6
 A. 9583                             2
 
   (A) THE ADVISORY COMMITTEE SHALL INCLUDE  SUBJECT  MATTER  EXPERTS  IN
 CLINICAL TRIALS, POST-TRAUMATIC STRESS DISORDER, PSYCHIATRY, AND VETERAN
 MENTAL   HEALTH;  PHILANTHROPIC  OR  PRIVATE-SECTOR  PARTNERS;  AND  ONE
 APPOINTEE EACH BY THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF
 THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER
 OF THE ASSEMBLY.
   (B)  THE ADVISORY COMMITTEE SHALL REVIEW APPLICATIONS, REQUEST SUPPLE-
 MENTAL INFORMATION AS NEEDED, AND RECOMMEND TO THE DEPARTMENT THE  BEST-
 QUALIFIED APPLICANTS TO CONDUCT IBOGAINE CLINICAL TRIALS. THE DEPARTMENT
 SHALL CONSIDER BUT NEED NOT BE BOUND BY SUCH RECOMMENDATIONS.
   6. THE COMMISSIONER MAY ACCEPT GIFTS, GRANTS, AND DONATIONS TO SUPPORT
 THE PROGRAM PURSUANT TO SECTION NINETY-NINE-UU OF THE STATE FINANCE LAW.
   7.  THE  COMMISSIONER,  IN  CONSULTATION WITH THE COMMISSIONERS OF THE
 OFFICE OF  MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION  AND  SUPPORT
 SERVICES,  SHALL ADOPT RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS
 ARTICLE.
   § 3. The state finance law is amended by adding a new section 99-uu to
 read as follows:
   § 99-UU. NEW YORK STATE VETERANS' IBOGAINE PTSD RESEARCH GRANT PROGRAM
 FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF  THE  STATE
 COMPTROLLER  AND  COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
 BE KNOWN AS THE "NEW YORK STATE VETERANS' IBOGAINE PTSD  RESEARCH  GRANT
 PROGRAM FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED TO SUCH FUND AND
 ANY GRANT, GIFT OR BEQUEST MADE TO THE FUND.
   3.  MONIES  OF  THE  FUND  SHALL  BE AVAILABLE FOR THE PURPOSES OF THE
 VETERANS' IBOGAINE PTSD RESEARCH  GRANT  PROGRAM,  PURSUANT  TO  SECTION
 THIRTY-THREE HUNDRED NINETY-NINE OF THE PUBLIC HEALTH LAW.
   4.  THE  MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
 OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
 OF HEALTH, OR BY AN OFFICER OR EMPLOYEE  OF  THE  DEPARTMENT  OF  HEALTH
 DESIGNATED BY SUCH COMMISSIONER.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed ten years after such effective date; provided,  however,
 such  act  shall expire and be deemed repealed five years after the food
 and drug administration approves ibogaine or an ibogaine derivative  for
 any indication, whichever occurs sooner; and provided, further, that the
 commissioner  of  health  shall  notify  the  legislative  bill drafting
 commission upon the food and drug administration approving  ibogaine  or
 an  ibogaine  derivative  for  any  indication  as  provided for in this
 section in order that the commission may maintain an accurate and timely
 effective data base of the official text of the laws of the state of New
 York in furtherance of effectuating the provisions of section 44 of  the
 legislative law and section 70-b of the public officers law.