Senate Bill S1801

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1801
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by Sens. FERNANDEZ, JACKSON, SCARCELLA-SPANTON -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Health
 
 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.
   2.  (A)  THE  DEPARTMENT SHALL ESTABLISH A PSILOCYBIN ASSISTED THERAPY
 PILOT PROGRAM. SUCH PILOT PROGRAM SHALL  PROVIDE  TEN  THOUSAND  PATIENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05253-01-5
              

 S. 1801                             2
 
 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  SUCH  EMPLOYEE'S  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
 PATIENT'S  SCHOOL  OR  EMPLOYER  OR  OTHER  DESIGNATED  PARTY, TO ENSURE
 COMPLIANCE WITH THE PROTECTIONS AFFORDED BY THIS SUBDIVISION.
 S. 1801                             3
 
   (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 SUCH FACILITATOR DOES NOT WANT
 SUCH  FACILITATOR'S  NAME  AND   OTHER   INFORMATION   DISCLOSED,   SUCH
 FACILITATOR'S  NAME AND OTHER INFORMATION SHALL THEREAFTER NOT BE PUBLIC
 INFORMATION OR MAINTAINED ON THE DEPARTMENT'S WEBSITE, UNLESS SUCH FACI-
 LITATOR 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.