A08349 Summary:

COSPNSRLupardo, McDonald, Jackson
Add §3309-c, Pub Health L
Establishes the psilocybin assisted therapy pilot program; provides such program will be offered to ten thousand veterans and first responders from the western region of New York state.
Go to top    

A08349 Actions:

12/13/2023referred to health
01/03/2024referred to health
01/16/2024amend and recommit to health
01/16/2024print number 8349a
Go to top

A08349 Committee Votes:

Go to top

A08349 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A08349 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    December 13, 2023
        Introduced  by  M. of A. BURKE, LUPARDO -- read once and referred to the
          Committee on Health -- recommitted  to  the  Committee  on  Health  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-

        AN  ACT  to  amend  the public health law, in relation to establishing a
          psilocybin assisted therapy  pilot  program  for  veterans  and  first
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public health law is amended by adding  a  new  section
     2  3309-c to read as follows:
     3    §  3309-c.  Psilocybin  assisted  therapy  pilot  program.  1. For the
     4  purposes of this section, the following terms shall have  the  following
     5  meanings:
     6    (a)  "Certified  medical use" includes use of medical psilocybin for a
     7  patient to treat or alleviate a patient's medical condition or  symptoms
     8  associated with the patient's medical condition.
     9    (b) "Facilitator" shall mean a mental health counselor, psychoanalyst,
    10  psychologist,  physician,  physician  assistant, registered professional
    11  nurse, clinical nurse specialist, nurse practitioner, occupational ther-
    12  apist, occupational therapy assistant, licensed clinical social  worker,
    13  or  an individual with evidence of prior experience and knowledge in the
    14  field of psychedelic assisted therapy who has completed all requirements
    15  under subdivision three of this section.
    16    (c) "Medical psilocybin" shall mean psilocybin intended for  a  certi-
    17  fied medical use, as determined by the department.
    18    (d)  "Psilocybin" shall mean a naturally occurring psychedelic prodrug
    19  compound produced by fungi, including but not limited to members of  the
    20  genus  Psilocybe.  Such  term shall include psilocin, the substance into
    21  which psilocybin is converted in the human body.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8349--A                          2
     1    2. (a) The department shall establish a  psilocybin  assisted  therapy
     2  pilot  program.  Such  pilot  program shall provide ten thousand patient
     3  participants, as described in paragraph (b) of  this  subdivision,  with
     4  the funding necessary to receive psilocybin assisted therapy. Such pilot
     5  program  shall be terminated upon the approval of psilocybin for medical
     6  use by the federal drug enforcement  administration,  or  any  successor
     7  agency.
     8    (b) Participants in the pilot program shall include veterans and their
     9  families,  first responders, retired first responders, and those suffer-
    10  ing from cluster headaches; provided, however,  that  such  participants
    11  reside in the western region of New York.
    12    (c)  The  department  shall  promulgate  any necessary rules and regu-
    13  lations for the application and distribution of any  funds  pursuant  to
    14  this subdivision.
    15    3.  Prior  to  facilitating  a psilocybin session, a facilitator shall
    16  complete a course as determined by the department in regulation.
    17    4. (a) The department may provide for the analysis and  evaluation  of
    18  the  operation of this section. The department may enter into agreements
    19  with one or more persons, not-for-profit corporations,  universities  or
    20  other  organizations, for the performance of an evaluation of the imple-
    21  mentation and effectiveness of this section.
    22    (b) The department may develop, seek any  necessary  federal  approval
    23  for, and carry out research programs relating to medical use of psilocy-
    24  bin.    Participation in any such research program shall be voluntary on
    25  the part of facilitators, patients, and designated caregivers.
    26    (c) No later than two years after the effective date of  this  section
    27  and  every  two  years  thereafter,  the  department shall report to the
    28  governor and the legislature on the medical use of psilocybin under this
    29  section and make appropriate recommendations.
    30    5. (a) The provisions of this section shall take precedence  over  any
    31  conflicting provisions of this chapter.
    32    (b)  For the purposes of this section, medical psilocybin shall not be
    33  deemed to be a "drug" for purposes of article one  hundred  thirty-seven
    34  of the education law.
    35    6.  (a)  Patients, practitioners and facilitators shall not be subject
    36  to arrest, prosecution, or penalty in any manner, or denied any right or
    37  privilege, including but not limited to civil  penalty  or  disciplinary
    38  action  by a business or occupational or professional licensing board or
    39  bureau, solely for the certified medical use of psilocybin  or  for  any
    40  other action or conduct in accordance with this section.
    41    (b) This subdivision shall not bar the enforcement of a policy prohib-
    42  iting  an  employee  from  performing his or her employment duties while
    43  impaired by a controlled substance. This subdivision shall  not  require
    44  any  person  or entity to do any act that would put the person or entity
    45  in direct violation of federal  law  or  cause  it  to  lose  a  federal
    46  contract or funding.
    47    (c)  The  fact  that a person is a patient and/or acting in accordance
    48  with this section, shall not be a consideration in a proceeding pursuant
    49  to applicable  sections  of  the  domestic  relations  law,  the  social
    50  services law, and the family court act.
    51    (d)  (i)  Certification  forms  and  any patient information contained
    52  within a database shall be deemed exempt from  public  disclosure  under
    53  sections  eighty-seven  and eighty-nine of the public officers law. Upon
    54  specific request by a patient to the department,  the  department  shall
    55  verify  the  requesting  patient's  status  as  a  valid  patient to the

        A. 8349--A                          3
     1  patient's school or  employer  or  other  designated  party,  to  ensure
     2  compliance with the protections afforded by this subdivision.
     3    (ii)  The name, contact information, and other information relating to
     4  facilitators registered with the department under this section shall  be
     5  public  information  and shall be maintained on the department's website
     6  accessible to the public in searchable form. However, if  a  facilitator
     7  notifies  the  department in writing that he or she does not want his or
     8  her name and other information disclosed, such  facilitator's  name  and
     9  other  information  shall  thereafter not be public information or main-
    10  tained on the department's website, unless such facilitator cancels  the
    11  request.
    12    (e) A person currently under parole, probation or other state or local
    13  supervision,  or  released on bail awaiting trial may not be punished or
    14  otherwise penalized for conduct allowed under this section.
    15    7. The department shall promulgate any rules and regulations necessary
    16  to implement the provisions of this section.
    17    § 2. This act shall take effect immediately.
Go to top