Bill Summary – FastDemocracy

****
68th Legislature 2023                                                                                             HB 955.1
                                                HOUSE BILL NO. 955
     INTRODUCED BY J. COHENOUR, D. HAWK, E. KERR-CARPENTER, G. NIKOLAKAKOS, J. SMALL, K.
                                               BOGNER, M. CAFERRO
  4
  A BILL FOR AN ACT ENTITLED: “AN ALLOWING THE THERAPEUTIC USE OF PSILOCYBIN FOR CERTAIN
  MENTAL HEALTH CONDITIONS; ESTABLISHING REQUIREMENTS FOR THE CULTIVATION,
  MANUFACTURE, POSSESSION, DISTRIBUTION, AND USE OF PSILOCYBIN TO INDIVIDUALS ELIGIBLE
  TO USE THERAPEUTIC PSILOCYBIN; PROVIDING LEGAL PROTECTIONS AND LIMITATIONS;
  ESTABLISHING REPORTING REQUIREMENTS; ESTABLISHING A SPECIAL REVENUE ACCOUNT;
  PROVIDING RULEMAKING AUTHORITY; PROVIDING DEFINITIONS; AMENDING SECTIONS 45-9-101, 45-
  9-102, 45-9-103, 45-9-110, AND 45-10-107, MCA; AND PROVIDING EFFECTIVE DATES AND A
  TERMINATION DATE.”
 13
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 15
           NEW SECTION. Section 1.        Definitions. As used in [sections 1 through 11], the following definitions
  apply:
           (1)     "Administration session" means a session held at a therapeutic psilocybin treatment center in
  which a participant purchases, consumes, and experiences the effects of psilocybin in a monitored setting
  under the supervision of a therapeutic psilocybin clinician.
           (2)     "Certified patient" means a resident of this state who is certified in accordance with [section 3]
  to use therapeutic psilocybin.
           (3)     "Cultivator" means a person licensed to grow, harvest, manufacture, package, and label
  psilocybin products for therapeutic use.
           (4)     "Department" means the department of revenue provided for in 2-15-1301.
           (5)     "Integration session" means a meeting between a certified patient and a therapeutic psilocybin
  clinician that occurs after an administration session.
           (6)     "Licensee" means an individual or entity who has been granted a license under [sections 1
                                                                -1-                    Authorized Print Version – HB 955
****
68th Legislature 2023                                                                                               HB 955.1
  through 11].
          (7)      "Preparation session" means a meeting between a certified patient and a therapeutic psilocybin
  clinician that occurs before the patient participates in the administration session.
          (8)      (a) "Psilocybin" means a naturally occurring psychedelic prodrug compound produced by fungi,
  including but not limited to members of the genus Psilocybe.
          (b)      The term includes psilocin, the substance into which psilocybin is converted in the human body.
          (9)      "Qualifying condition" means any of the following conditions as listed in the fifth edition of the
  Diagnostic and Statistical Manual of Mental Disorders:
          (a)      posttraumatic stress disorder;
          (b)      an anxiety or depressive disorder; or
          (c)      a substance use disorder.
          (10)     "Therapeutic psilocybin" means psilocybin, concentrated psilocybin, and psilocybin-infused
  products for use by a certified patient as allowed under [sections 1 through 11].
          (11)     "Therapeutic psilocybin clinician" or "clinician" means an individual licensed by the department
  to certify a person for the use of therapeutic psilocybin, conduct preparation and integration sessions, and
  oversee a patient's use of therapeutic psilocybin.
          (12)     "Therapeutic psilocybin facilitator" or "facilitator" means an individual licensed by the
  department to monitor a certified patient's use of therapeutic psilocybin during an administration session.
          (13)     "Therapeutic psilocybin technician" or "technician" means an individual licensed by the
  department to assist with administration sessions as allowed under [sections 1 through 11].
 21
          NEW SECTION. Section 2.         Lawful use of therapeutic psilocybin. (1) A certified patient may use
  therapeutic psilocybin only at a therapeutic psilocybin treatment center.
          (2)      The use of therapeutic psilocybin must occur under the supervision of a therapeutic psilocybin
  clinician and only as part of a treatment regimen consisting of a preparation session, an administration session,
  and an integration session.
          (3)      A therapeutic psilocybin clinician must be on site during an administration session.
          (4)      The department may establish by rule additional requirements for preparation, administration,
                                                                -2-                     Authorized Print Version – HB 955
****
68th Legislature 2023                                                                                              HB 955.1
  and integration sessions.
  2
          NEW SECTION. Section 3.         Certification of patients -- application -- physician or clinician
  confirmation. (1) The department shall issue a card certifying a person for therapeutic psilocybin if the person
  is a Montana resident who is 18 years of age or older and submits:
          (a)      an application on a form prescribed by the department;
          (b)      a fee as required by the department by rule; and
          (c)      written confirmation from a physician or a therapeutic psilocybin clinician that a person has
  been diagnosed with a qualifying condition.
          (2)      The written confirmation must include:
          (a)      the name, date of birth, and address of the patient;
          (b)      a statement that the patient:
          (i)      has a qualifying condition;
          (ii)     is under the physician's or clinician's continuing care for the condition; and
          (iii)    is likely to benefit from the use of therapeutic psilocybin;
          (c)      the qualifying condition with which the patient has been diagnosed; and
          (d)      the physician's or clinician's name, address, telephone number, and signature.
          (3)      The department may require that the written confirmation be on a form provided by the
  department.
          (4)      The physician or therapeutic psilocybin clinician shall maintain a copy of the written
  confirmation in the patient's health record.
          (5)      A physician or clinician may not issue a certification for the physician's or clinician's therapeutic
  use of psilocybin.
 24
          NEW SECTION. Section 4.         Individual licensees -- requirements. (1) The department may issue
  the following licenses to individuals who meet the requirements of this section and related administrative rules:
          (a)      therapeutic psilocybin clinician;
          (b)      therapeutic psilocybin facilitator; and
                                                                  -3-                    Authorized Print Version – HB 955
****
68th Legislature 2023                                                                                           HB 955.1
             (c)   therapeutic psilocybin technician.
             (2)   A person may be licensed as a therapeutic psilocybin clinician if the person is licensed under
  Title 37 as:
             (a)   a physician;
             (b)   a psychologist;
             (c)   a clinical social worker;
             (d)   a clinical professional counselor;
             (e)   a marriage and famiy therapist; or
             (f)   an advanced practice registered nurse with a clinical specialty in psychiatric mental health
  nursing.
             (3)   A person may be licensed as a therapeutic psilocybin facilitator if the person is licensed under
  Title 37 as:
             (a)   as an addiction counselor; or
             (b)   a baccalaureate or master's level social worker.
             (4)   A person may be licensed as a therapeutic psilocybin technician if the person does not have a
  bachelor's degree in social work, counseling, or addiction counseling but has completed a department-
  approved therapeutic psilocybin training program.
             (5)   Applicants for licensure under this section must submit:
             (a)   an application on a form prescribed by the department;
             (b)   a fee as established by the department by rule; and
             (c)   fingerprints to facilitate a fingerprint and background check by the department of justice and the
  federal bureau of investigation.
             (6)   Licenses must be renewed annually.
             (7)   A therapeutic psilocybin clinician shall:
             (a)   work with a certified patient during preparation and integration sessions; and
             (b)   be on site at a therapeutic psilocybin treatment center during an administration session.
             (8)   A therapeutic psilocybin facilitator or technician may assist with an administration session only
  under the supervision of a clinician.
                                                                -4-                    Authorized Print Version – HB 955
****
68th Legislature 2023                                                                                              HB 955.1
             (9)    The department shall establish by rule:
             (a)    additional requirements or limitations on activities performed by individuals licensed under this
  section; and
             (b)    training requirements for technicians and, as appropriate, other licensees. The technician
  training must include information on client safety, contraindications, mental and physical health, preparation,
  integration, ethics, and harm reduction.
             (10)   The name, contact information, and other information relating to facilitators licensed by the
  department is public information and must be maintained on the department's website unless the facilitator
  notifies the department in writing that the facilitator does not want the information disclosed. A facilitator may
  cancel a request for nondisclosure at any time.
 11
             NEW SECTION. Section 5.      Therapeutic psilocybin cultivation and administration -- licensure --
  limitations. (1) (a) Therapeutic psilocybin may be cultivated, manufactured, packaged, labeled, possessed,
  and administered only at a licensed therapeutic psilocybin treatment center.
             (b)    Possession of psilocybin for any purposes at a location other than a therapeutic psilocybin
  treatment center is not protected by the provisions of [sections 1 through 11].
             (2)    The department shall license an individual or entity as a cultivator or a therapeutic psilocybin
  treatment center if the individual or entity submits:
             (a)    an application on a form prescribed by the department;
             (b)    a fee established by the department by rule;
             (c)    fingerprints to facilitate a fingerprint and background check by the department of justice and the
  federal bureau of investigation; and
             (d)    other materials as required by the department by rule.
             (3)    The department shall adopt rules establishing requirements for therapeutic psilocybin treatment
  centers, including rules to ensure the safety and security of patients and the public.
             (4)    The department may conduct scheduled inspections of therapeutic psilocybin treatment
  centers.
             (5)    A therapeutic psilocybin treatment center may provide psilocybin only to a certified patient who
                                                                -5-                      Authorized Print Version – HB 955
****
68th Legislature 2023                                                                                               HB 955.1
  has an agreement with the treatment center to obtain psilocybin from and use psilocybin at the treatment
  center. Psilocybin cultivated at the therapeutic psilocybin treatment center may be used only by certified
  patients having an agreement with the treatment center.
  4
           NEW SECTION. Section 6.           Legal protections -- limitations. (1) Certified patients and licensees
  may 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, solely for participating in activities as authorized under [sections 1 through 11].
           (2)      A person in the custody of or under the supervision of the department of corrections or a youth
  court may not be punished or otherwise penalized for conduct allowed under [sections 1 through 11].
           (3)      A person's certification as a patient or the person's participation in an activity authorized under
  [sections 1 through 11] may not be a consideration in a proceeding under Title 40, chapter 4, Title 41, chapter
  3, or Title 42.
           (4)      [Sections 1 through 11] do not permit:
           (a)      any individual to operate, navigate, or be in actual physical control of a motor vehicle, train,
  aircraft, motorboat, or other motorized form of transport while under the influence of psilocybin;
           (b)      consumption, possession, or transport of psilocybin outside of a therapeutic psilocybin
  treatment center; or
           (c)      delivery, distribution, or use of psilocybin by a person under 18 years of age.
           (5)      This section does not:
           (a)      bar the enforcement of a policy prohibiting an employee from performing the employee's duties
  while impaired by a controlled substance; or
           (b)      require a person or entity to perform or allow an act that would put the person or entity in direct
  violation of federal law or cause the person or entity to lose a federal contract or funding.
 25
           NEW SECTION. Section 7.           Unlawful conduct -- penalties. (1) The department shall revoke and
  may not reissue the certification or license of an individual who:
           (a)      is convicted of a drug offense;
                                                                 -6-                     Authorized Print Version – HB 955
****
68th Legislature 2023                                                                                            HB 955.1
             (b)   allows another individual to be in possession of the individual's psilocybin; or
             (c)   is convicted of a felony offense or sexual offense after being certified or licensed under
  [sections 1 through 11].
             (2)   A person commits the offense of fraudulent representation of therapeutic use of psilocybin if
  the person knowingly or purposely fabricates or misrepresents a certification or license to a law enforcement
  officer.
             (3)   A person who violates a provision of [sections 1 through 11] is punishable by a fine not to
  exceed $500 or by imprisonment in a county jail for a term not to exceed 6 months, or both, unless otherwise
  provided in [sections 1 through 11] or unless the violation would constitute a violation of Title 45. An offense
  constituting a violation of Title 45 must be charged and prosecuted pursuant to the provisions of Title 45.
             (4)   Review of a department action imposing a fine, suspension, or revocation under this section
  must be conducted as a contested case hearing under the provisions of the Montana Administrative Procedure
  Act.
 14
             NEW SECTION. Section 8.      Recordkeeping. Licensees shall maintain records as required by the
  department by rule and make the records available to the department for inspection on request.
 17
             NEW SECTION. Section 9.      Reporting requirement. (1) The department shall report annually, in
  accordance with 5-11-210, to the economic affairs interim committee and the legislature on activities carried out
  under [sections 1 through 11], including but not limited to:
             (a)   the number of certified patients and their qualifying conditions;
             (b)   outcomes for certified patients as reported by therapeutic psilocybin treatment centers;
             (c)   the number and types of licensees;
             (d)   the results of inspections; and
             (e)   recommendations for legislative changes to the provisions of [sections 1 through 11].
             (2)   Licensees shall report information as required by the department for inclusion in the report.
             (3)   Information reported by licensees and by the department may contain only deidentified data.
 28
                                                               -7-                     Authorized Print Version – HB 955
****
68th Legislature 2023                                                                                             HB 955.1
          NEW SECTION. Section 10.         Rulemaking authority. (1) The department shall adopt rules to carry
  out the provisions of [sections 1 through 11], including but not limited to rules establishing:
          (a)      fees for the certification of patients and licensure of individuals and entities as allowed under
  [sections 1 through 11];
          (b)      the process for submitting and approving certification and license applications;
          (c)      the training program to be completed by therapeutic psilocybin technicians;
          (d)      education and training requireme