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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8349A
SPONSOR: Burke TITLE OF BILL:
An act to amend the public health law, in relation to establishing a
psilocybin assisted therapy pilot program for veterans and first respon-
ders
PURPOSE OR GENERAL IDEA OF BILL:
This bill would establish a pilot program designed to provide psilocybin
assisted therapy to 10,000 respondents in order to record the treat-
ment's effects on their conditions.
SUMMARY OF PROVISIONS:
Section 1 defines "certified medical use", "facilitator", "medical
psilocybin", and "psilocybin". Section 2 states that the department of
health shall establish a psilocybin assisted therapy pilot program,
providing 10,000 patient participants with funding necessary to receive
psilocybin assisted therapy, and states that such pilot program shall be
terminated upon the approval of psilocybin for medical use by the feder-
al drug enforcement administration, or any successor agency. Section 2
also states that priority will be given to respondents who are veterans,
first responders, and/or individuals who suffer from cluster headaches,
and that these respondents will be primarily located in Western New
York. Section 3 states that a facilitator must complete a training
course prior to administering psilocybin therapy. Section 4 states that
the health department may provide for the analysis and evaluation of the
operation of the pilot, and that the department may enter into agree-
ments with one or more individuals, non-profits, universities, or other
organizations in order to effectively analyze the results of the pilot
program. Section 3 also states that the department say seek any neces-
sary federal approval for the pilot, and that the department shall
report to the Governor and the Legislature on the results of the program
no later than two years after this bill's passage. Section 5 states that
medical psilocybin shall not be deemed a "drug" for the purposes of this
section. Section 6 states that patients, facilitators, and practition-
ers shall not be subject to prosecution, arrest, or penalty in any
matter for their participation in this pilot, and that a patient's
involvement in the pilot shall not be used against them in a court
proceeding. Section 6 also states that this law does not bar the
enforcement of a policy prohibiting an employee from performing their
employment duties while impaired by a controlled substance, and that any
person currently under parole, probation, or other state/local super-
vision may not be punished or otherwise penalized for participation in
the pilot. Section 6 further states that the name, contact information,
and other information relating to facilitators involved in the pilot
shall be public information unless a facilitator states in writing that
they wish to remain anonymous, and that any patient information shall be
deemed exempt from public disclosure. Section 7 states that the depart-
ment shall create any rules/regulations necessary to implement these
provisions.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This amendment added "psychologist" to the list of facilitators.
JUSTIFICATION:
Psilocybin therapy offers serious potential benefits to assist with
mental health, but it suffers from a lack of substantial medical test-
ing. This bill would alleviate that problem by establishing a pilot
program to test psilocybin therapy's effectiveness on mental health.
This bill would establish a pilot program which would provide psilocybin
therapy to a set of 10,000 respondents, with priority given to veterans,
first responders, and those suffering from cluster headaches. This pilot
program would help record the effects of this treatment on their condi-
tions in order to better understand the effects of this new therapy
which promises substantial benefits.
PRIOR LEGISLATIVE HISTORY:
N/A
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
EFFECTIVE DATE:
30 days after becoming law.
STATE OF NEW YORK
________________________________________________________________________
8349--A
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-
tee
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:
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.
LBD13531-03-4
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.
