Section 9 of this bill creates the Alternative Therapy Pilot Program for the purpose of providing certain patients who have been diagnosed with a mental health condition access to treatment involving the administration, under medical supervision and control, of psychedelic substances through the development and implementation of experimental and investigational pilot clinic programs. Section 9 requires the Division of Public and Behavioral Health of the Department of Health and Human Services to administer the Program and, within the limits of available funds, develop and implement experimental and investigational pilot programs for the provision of alternative therapies. Section 7 of this bill defines “psychedelic substance” to mean psilocybin, psilocin, dimethyltryptamine, ibogaine or mescaline. Section 10 of this bill requires the Division to adopt regulations to carry out the provisions governing the Program. Section 11 of this bill authorizes the Division to carry out or contract for certain programs for research and education. Section 12 of this bill requires the Division to authorize at least one person to cultivate, manufacture or otherwise produce psychedelic substances for use in the Program. Section 12 requires such a person to comply with certain requirements. Section 13 of this bill requires the Division to collect comprehensive data concerning all alternative therapies provided under any pilot clinic program developed and implemented under the Program. Sections 13 and 17 of this bill require any data collected that would lead to the identification of any patient participating in a pilot clinic program developed and implemented under the Program to be kept confidential and securely maintained. Section 13 also requires the Division to submit an annual report concerning the Program to the Legislature. Section 15 of this bill authorizes the Division to coordinate with other state agencies for certain purposes relating to the Program. Section 15 also requires the Division to take all actions which are feasible to ensure that all pilot clinic programs developed and implemented under the Program comply with all applicable federal requirements or guidelines relating to the clinical or experimental use of controlled substances. Existing law requires the State Board of Pharmacy to administer the Uniform Controlled Substances Act and to add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation. (NRS 453.146) Existing regulations list psilocybin, psilocin, dimethyltryptamine, ibogaine and mescaline as schedule I controlled substances. (NAC 453.510) Existing law prohibits certain acts relating to controlled substances, including, without limitation: (1) importing, transporting, selling, exchanging, bartering, supplying, prescribing, dispensing, giving away or administering the controlled substance; (2) manufacturing or compounding the controlled substance; (3) unlawfully possessing the controlled substance; and (4) trafficking in the controlled substance. (NRS 453.321, 453.322, 453.336, 453.337, 453.338, 453.3385) Section 14 of this bill provides that any person who has been approved by the Division to participate in a pilot clinic program developed and implemented under the Program who engages in certain conduct involving a psychedelic substance within the scope of the participation of the person in the Program is immune from civil, criminal and administrative liability arising from that conduct and any such conduct must not constitute the basis for any investigation, detention, search, seizure, arrest, prosecution or other legal penalty against the person. Section 16 of this bill authorizes the Division to accept certain sources of money and enter into certain contracts and agreements to carry out the Program. Sections 2-7 of this bill add necessary definitions of terms. Section 8 of this bill sets forth certain legislative findings and declarations.

Statutes affected:
As Introduced: 239.010
BDR: 239.010