1.1Senator Koran moved to amend
S.F. No. 4612 as follows (A100):
1.2Page 264, after line 18, insert:
1.4PSILOCYBIN THERAPEUTIC USE PROGRAM
1.5 Section 1.
PURPOSE.
1.6The purpose of this article is to establish a legal, regulated framework for the therapeutic
1.7use of psilocybin by individuals who are 21 years of age or older with a registered
facilitator,
1.8have been diagnosed with a qualifying medical condition, and meet the other requirements
1.9for enrollment in the program.
1.10 Sec. 2.
[342.85] DEFINITIONS.
1.11 Subdivision 1. Application. For purposes of sections 342.86 to 342.98, the following
1.12terms have the meanings given.
1.13 Subd. 2. Administration session. "Administration session" means a session supervised
1.14by a registered facilitator during which a registered patient consumes and experiences
the
1.15effects of psilocybin. Administration session includes treatment sessions or medicine
sessions.
1.16 Subd. 3. Integration session. "Integration session" means a meeting between a registered
1.17patient and a registered facilitator that occurs after the completion of an administration
1.18session.
1.19 Subd. 4. Office. "Office" means the director of the Office of Cannabis Management.
1.20 Subd. 5. Physician. "Physician" means a Minnesota-licensed physician.
1.21 Subd. 6. Preparation session. "Preparation session" means a meeting between a
1.22registered patient and a registered facilitator that occurs before an administration
session.
1.23Preparation session does not mean an initial consultation between a registered patient
and
1.24registered facilitator regarding psilocybin use, an inquiry from a registered patient
to a
1.25registered facilitator regarding psilocybin use, or a registered facilitator's response
to a
1.26registered patient's inquiry regarding psilocybin use.
1.27 Subd. 7. Program. "Program" means the psilocybin therapeutic use program established
1.28under sections 342.85 to 342.98.
1.29 Subd. 8. Program research institution. "Program research institution" means a
1.30Minnesota nonprofit or academic institution that advises and assists with program
data
2.1collection for public health monitoring, training, continuing education, and ethical
oversight
2.2requirements.
2.3 Subd. 9. Psilocybin. "Psilocybin" means any mushroom, in raw, dried, or prepared form,
2.4that contains the psychoactive compound psilocybin or its metabolite psilocin.
2.5 Subd. 10. Psychedelic Medicine Advisory Committee or advisory
2.6committee. "Psychedelic Medicine Advisory Committee" or "advisory committee" means
2.7the advisory committee established under section 342.98.
2.8 Subd. 11. Qualifying medical condition. "Qualifying medical condition" means a
2.9medical condition designated by the office for which psilocybin shows evidence for
an
2.10appropriate therapeutic use, including but not limited to post-traumatic stress disorder,
2.11depression, substance use disorders, anxiety, and chronic pain.
2.12 Subd. 12. Registered facilitator. "Registered facilitator" means an individual registered
2.13with the office to provide services in preparation sessions and integration sessions
and to
2.14supervise administration sessions.
2.15 Subd. 13. Registered patient. "Registered patient" means a Minnesota resident certified
2.16by a physician as having a qualifying medical condition and enrolled in the psilocybin
2.17therapeutic use program.
2.18 Subd. 14. Registered supplier. "Registered supplier" means an individual or entity
2.19licensed by the state to cultivate and manufacture psilocybin products with appropriate
2.20treatment dosing for facilitated use in administration sessions.
2.21 Subd. 15. Testing facility. "Testing facility" means the testing and inspection services
2.22at OCM to test for quality, potency, and microbial contaminants from supply centers
through
2.23product sampling and facility inspections to monitor the supply chain of psilocybin
to be
2.24used for treatment sessions and ensure supply centers are adhering to good manufacturing
2.25practices.
2.26 Subd. 16. Treatment facility. "Treatment facility" means a Minnesota health clinic or
2.27center that has been licensed by the state with staff trained to respond to medical
emergencies
2.28and safety equipment to monitor vitals for supervised administration sessions. To
2.29accommodate homebound patients, a treatment facility may be the homebound patient's
2.30residence with a registered facilitator and safety equipment to monitor vitals provided
by
2.31the registered facilitator.
3.1 Sec. 3.
[342.86] PSILOCYBIN THERAPEUTIC USE PROGRAM.
3.2 Subdivision 1. Establishment. The office must establish and administer a psilocybin
3.3therapeutic use program according to sections 342.85 to 342.98 in which individuals
age
3.421 and older who have a qualifying medical condition and meet the other eligibility
3.5requirements may enroll in the program and are able to access and use psilocybin under
the
3.6supervision of a registered facilitator at a treatment facility.
3.7 Subd. 2. Rulemaking; office. (a) The office must adopt rules to govern the operation
3.8of the program. The rules must at least:
3.9(1) specify the qualifying medical conditions that an individual must be diagnosed
with
3.10in order to enroll in the program, based upon emerging evidence from scientific research
3.11and clinical trials evaluated in the psychedelic medicine task force legislative report,
including
3.12but not limited to post-traumatic stress disorder, depression, substance use disorders,
anxiety,
3.13chronic pain, and other conditions where scientific evidence shows there may be therapeutic
3.14benefit;
3.15(2) specify testing standards in collaboration with the program research institution
and
3.16with guidance from existing rules developed in Oregon and Colorado for psilocybin
3.17mushroom testing, dosing, and manufacturing standards for psilocybin mushrooms to
ensure
3.18safety, appropriate dosing for treatment sessions, and preventing diversion of all
points
3.19along the psilocybin supply chain where whoever has custody of psilocybin is responsible
3.20for the security of the supply chain at the registered supply center or in transit
between
3.21licensed premises, including providing adequate safeguards to protect against theft
or
3.22diversion of psilocybin;
3.23(3) establish a standardized questionnaire in collaboration with the program research
3.24institution for use by physicians to conduct health screenings of individuals seeking
to enroll
3.25in the program;
3.26(4) establish a standardized formal risk assessment tool in collaboration with the
program
3.27research institution for use by physicians to evaluate identified contraindications
in
3.28individuals seeking to enroll in the program;
3.29(5) establish qualifications in collaboration with the program research institution
to
3.30register with the office as a facilitator, following the completion of a certification
program
3.31for psilocybin facilitators that are approved training programs used by Oregon and
Colorado
3.32psilocybin programs that provide competency testing and supervision for facilitators;
and
4.1(6) establish qualifications to register with the office as a cultivator in collaboration
with
4.2the program research institution, including any additional subjects for which individuals
4.3must demonstrate competency in the required subjects and standards for cultivation.
4.4Registered suppliers must work with testing facilities to ensure appropriate quality
and
4.5dosing of psilocybin before releasing to registered facilitators or patients for treatment.
4.6(b) The office must consult with the advisory committee and the program research
4.7institution in adopting rules under this subdivision.
4.8(c) Rules for which notice is published in the State Register before January 1, 2028,
may
4.9be adopted using the expedited rulemaking process in section 14.389. The notice of
the
4.10proposed rule for the requirements in paragraph (a) must be published in the State
Register
4.11no later than July 1, 2027.
4.12 Subd. 3. Evaluation and research. (a) The office must collect from registered patients
4.13de-identified data including but not limited to the frequency with which registered
patients
4.14use psilocybin in administration sessions, the qualifying medical conditions for which
4.15psilocybin is used, outcomes from psilocybin use experienced by registered patients,
and
4.16adverse effects of psilocybin use experienced by registered patients, including any
changes
4.17to utilization of other health care, social services, or government funded programs.
Registered
4.18patients and registered facilitators must provide data to the office in a form and
manner
4.19specified by the office. The office must use data collected under this paragraph to
evaluate
4.20the program and, in consultation with the advisory committee and in collaboration
with the
4.21program research institution, develop recommendations to improve the program. The
program
4.22may consult and partner with federal health and research institutions, including but
not
4.23limited to efforts that promote confidentiality protections, applications for funding,
and
4.24collaboration on national research efforts related to psilocybin therapy.
4.25(b) The office may support research that investigates novel therapeutic uses of psilocybin
4.26and psilocin. In determining whether to support research initiatives, the office must
use the
4.27content from the report and recommendations of the task force authorized under Laws
2023,
4.28chapter 70, article 4, section 99, so as not to duplicate efforts already covered
by the task
4.29force, as the state has already invested in ways to implement these recommendations
and
4.30can be used as a guide for expanding research and improving the proposed psilocybin
pilot
4.31program.
4.32 Sec. 4.
[342.87] ELIGIBILITY AND ENROLLMENT IN PROGRAM.
4.33 Subdivision 1. Registration system. The office must administer a secure registration
4.34system to track patients enrolled in the program while protecting their privacy.
5.1 Subd. 2. Eligibility for enrollment. (a) To enroll in the program, an individual must:
5.2(1) be 21 years of age or older;
5.3(2) submit to the office a written certification from a physician dated within 90
days of
5.4submission and verifying the individual's diagnosis with a qualifying medical condition;
5.5(3) submit to the office a written certification or certifications from one or more
physicians
5.6dated within 90 days of submission and verifying either:
5.7(i) that the detailed health screening conducted according to subdivision 3 did not
identify
5.8contraindications to the individual's use of psilocybin; or
5.9(ii) that the detailed health screening identified contraindications to the individual's
use
5.10of psilocybin but a physician conducted a further evaluation using a formal risk assessment
5.11tool and determined the individual's identified contraindications should not preclude
the
5.12individual from using psilocybin; and
5.13(4) submit an application to the office in a form and manner specified by the office.
5.14(b) Individuals may apply for enrollment in the program beginning July 1, 2028.
5.15 Subd. 3. Health screening; evaluation. An individual who wishes to enroll in the
5.16program must have a detailed health screening performed by a physician to identify
whether
5.17the individual has a qualifying medical condition and if any significant physical
or mental
5.18health conditions or medications that are contraindications to the use of psilocybin.
5.19Contraindicated conditions may include but are not limited to cardiovascular disease,
5.20psychosis, and bipolar disorders. Contraindicated medications include but are not
limited
5.21to lithium, monoamine oxidase inhibitors (MAOIs), tramadol, and amphetamine stimulants.
5.22If the physician determines in the screening that the individual has one or more
5.23contraindications to the use of psilocybin, the individual must have the contraindication
5.24further evaluated by a physician using a formal risk assessment tool. An individual
who has
5.25an additional evaluation performed may proceed with an application under subdivision
2
5.26only if the physician performing the additional evaluation determines the individual's
5.27identified contraindications should not preclude the individual from using psilocybin.
5.28 Subd. 4. Informed consent for program. Upon receiving the individual's complete
5.29application and certifications required under subdivision 2, the office must provide
the
5.30individual with information including but not limited to the nature of psilocybin
use for
5.31therapeutic purposes, potential adverse effects of psilocybin use, possible interactions
5.32between psilocybin and other commonly used drugs, and legal risks associated with
the
5.33program, along with a document, to be signed and returned by the individual, that
the
6.1individual has read and understood the information provided and wishes to enroll in
the
6.2program. An individual who wishes to proceed with the individual's application must
sign
6.3and date the informed consent form and return the form to the office. The informed
consent
6.4form submitted to the office is distinct from the informed consent signed between
a registered
6.5facilitator and the patient for consent to treatment.
6.6 Subd. 5. Enrollment. The office must approve or deny the individual's application within
6.760 days after receiving the individual's informed consent form under subdivision 4.
Upon
6.8approval of an individual's application and receipt of the enrollment fee required
under
6.9section 342.97, the office must register the individual in the program and issue the
individual
6.10a card that permits the registered patient to access psilocybin with a registered
facilitator at
6.11a treatment facility.
6.12 Subd. 6. Renewal. (a) A registered patient's registration is valid for 12 months from the
6.13date of issuance. A registered patient who wishes to renew the registration must,
at least 60
6.14days before the registration expires, submit an application for registration renewal;
written
6.15certifications that meet the requirements in subdivision 2, paragraph (a), clauses
(2) and
6.16(3); and the fee required under section 342.97. The office must approve or deny a
registered
6.17patient's renewal application within 60 days after receiving the complete application
and
6.18written certifications.
6.19(b) A registered patient whose registration expired less than 31 days from the date
of
6.20expiration may renew the registration under paragraph (a). A registered patient whose
6.21registration expired 31 or more days past the date of expiration must apply for enrollment
6.22according to subdivision 2.
6.23(c) A registered patient who has not received treatment during the first 12 months
after
6.24being registered in the program must be removed from the program due to nonparticipation
6.25to allow other patients to register for the program, given the pilot program must
limit the
6.26number of patients to 1,000.
6.27 Subd. 7. Permitted acts. (a) Subject to section 342.91, a registered patient is permitted
6.28to:
6.29(1) designate a registered facilitator; and
6.30(2) consume the recommended amount at a treatment facility with an approved facilitator
6.31according to the recommended dosing limit.
6.32(b) Subject to section 342.91, a registered supplier and testing facility registered
with
6.33the office is permitted to cultivate and possess psilocybin, provided the cultivation
and
7.1testing is performed according to section 342.88 and the total amount possessed does
not
7.2exceed the limit designed by the program.
7.3(c) Subject to section 342.91, a registered facilitator is permitted, according to
section
7.4342.89, to obtain psilocybin from a registered supplier, transport psilocybin to the
treatment
7.5facility, provide services to registered patients in preparation sessions and integration
7.6sessions, and administer psilocybin and supervise administration sessions of registered
7.7patients.
7.8(d) No civil or criminal state penalty shall be imposed on:
7.9(1) a registered patient solely for engaging in an act listed in paragraph (a);
7.10(2) a registered supplier and testing facility solely for engaging in an act listed
in
7.11paragraph (b); or
7.12(3) a registered facilitator solely for engaging in an act listed in paragraph (c).
7.13This does not preclude any individual from clause (1), (2), or (3) from being held
civilly or
7.14criminally liable for other actions during the course of their participation in the
program
7.15from penalties under state or federal law.
7.16 Subd. 8. Program initiation. The office must approve an initial program structured to
7.17include:
7.18(1) between 20 to 50 registered facilitators who are currently licensed according
to
7.19section 342.94, subdivision 2, paragraph (b), from a state health licensing board,
who will
7.20receive additional training as psilocybin facilitators from a certificate training
program that
7.21have been approved by programs for Oregon and Colorado;
7.22(2) at least three testing facilities;
7.23(3) no more than 1,000 patients with qualifying medical conditions registered and
that
7.24receive treatment during their first year being registered in the program;
7.25(4) the ability for the program to run for three years after supply centers are established
7.26and contain supply for the program;
7.27(5) at least five registered facilitators who have obtained their facilitator licenses
from
7.28an approved program; and
7.29(6) at least one patient who has registered for the program and identified a facilitator
to
7.30provide treatment to the patient.
8.1 Subd. 9. Program evaluation. The office, in consultation with the advisory committee
8.2and the program research institution, must evaluate the program at the end of the
three-year
8.3period, and provide a report to the legislature with recommendations for program next
steps
8.4no later than December 1, 2031.
8.5 Sec. 5.
[342.88] CULTIVATION.
8.6 Subdivision 1. Cultivation authorized. (a) A registered patient and registered facilitator
8.7may compensate a registered supplier who cultivates psilocybin for the program at
a
8.8registered facility. Compensating a registered supplier for cultivation under this
paragraph
8.9does not constitute the sale or commercial distribution of psilocybin.
8.10(b) Before cultivating psilocybin for the program, a registered supplier must register
8.11with the office.
8.12(c) A registered supplier must:
8.13(1) cultivate psilocybin only for licensed treatment facilities, registered facilitators,
and
8.14their registered patients in an amount that does not exceed the cultivation limit
as established
8.15by the office; and
8.16(2) not cultivate psilocybin in an amount that exceeds the cultivation limit provided
8.17under their license as designated by the office.
8.18 Subd. 2. Secure location. Cultivation by a licensed cultivator must take place at an
8.19approved location in an enclosed locked space that is not accessible to the public
or by
8.20individuals under 21 years of age and contains on-site testing facilities for quality
and
8.21potency testing.
8.22 Sec. 6.
[342.89] LOCATION AND FACILITATOR; ADMINISTRATION SESSIONS.
8.23 Subdivision 1. Location. A registered patient may use psilocybin in an administration
8.24session only:
8.25(1) at an approved private residence, including the curtilage or yard of the residence,
8.26unless the property owner prohibits the use of psilocybin on the property; or
8.27(2) at a licensed treatment facility, unless the property owner, if the clinic is
being rented,
8.28prohibits the use of psilocybin on the property.
8.29 Subd. 2. Registered facilitator. A registered facilitator must be physically present with
8.30a registered patient during an administration session to supervise the registered
patient's use
8.31of psilocybin and to contact emergency services if necessary during the administration
9.1session. As a condition of supervising an administration session for a registered
patient, a
9.2registered facilitator may require the registered patient to also participate in a
preparation
9.3session and an integration session with the registered facilitator. A registered facilitator
may
9.4charge a reasonable fee for the registered facilitator's services.
9.5 Subd. 3. Informed consent for treatment. (a) Before a registered facilitator supervises
9.6a registered patient's administration session, the registered facilitator must provide
the
9.7registered patient with information including but not limited to the nature of psilocybin
use
9.8for therapeutic purposes, what to expect in an administration session, potential adverse
9.9effects of psilocybin use, and possible interactions between psilocybin and other
commonly
9.10used drugs. Registered patients will also be allowed to opt in for consent to data
collection
9.11for program monitoring. This is separate from the informed consent for the program.
9.12(b) A registered patient who wishes to proceed with an administration session must
sign
9.13and date a document stating that the patient has been informed of and understands
the
9.14information provided according to paragraph (a). Registered facilitators must maintain
the
9.15signed informed consent documents for two years after receipt.
9.16 Subd. 4. Chain of custody for psilocybin and psilocin. Before a registered patient's
9.17administration session, a registered facilitator or registered patient must procure
the
9.18recommended dose of psilocybin from a registered supplier. The office will establish
a track
9.19and trace system to scan when the dose is picked up from the supplier and when the
dose
9.20is administered to the patient to ensure the same product is used for treatment after
picking
9.21up from the supplier with tamper-proof packaging. At the time of exchange between
a
9.22registered supplier and a registered facilitator or registered patient, both the registered
9.23supplier and registered facilitator or registered patient must attest to the exchange
in a form
9.24and manner specified by the office, and which must include, at minimum, the specific
9.25amount of psilocybin exchanged and a tracking number for that dose. Before an
9.26administration session, a registered facilitator and registered patient must attest
to the specific
9.27dose amount that will be used in the administration session in a form and manner specified
9.28by the office by scanning and confirming the tracking number that was picked up prior
to
9.29administration. Psilocybin supply may only be exchanged after a patient and facilitator
have
9.30scheduled an administration session.
9.31 Sec. 7.
[342.90] REGISTERED FACILITATOR.
9.32 Subdivision 1. Registration required; qualifications. An individual must register with
9.33the office as a facilitator in order to supervise administration sessions for registered
patients
10.1and to provide registered patients with services in preparation sessions and integration
10.2sessions. In order to register as a facilitator, an individual must:
10.3(1) be 21 years of age or older;
10.4(2) possess a license as a mental health professional as defined in section 245I.02,
10.5subdivision 27; and
10.6(3) demonstrate competency, in a manner determined by the office and in collaboration
10.7with the program research institution, on facilitator ethics; the safe use of psilocybin;
duties
10.8of a facilitator during preparation sessions, administration sessions, and integration
sessions;
10.9and other topics as determined by the office and the program research institution.
10.10An individual who holds a license, registration, or certification from a health-related
licensing
10.11board as defined in section 214.01, subdivision 2; from the Office of Emergency Medical
10.12Services; or from the office authorizing the individual to practice a health-related
occupation
10.13may also serve as a registered facilitator.
10.14 Subd. 2. Application for registration; registration renewal. (a) An individual who
10.15wishes to register as a facilitator must apply to the office in a form and manner
specified
10.16by the office.
10.17(b) A registration issued under this section is valid for 12 months from the date
of
10.18issuance. At least 60 days before the registration expires, a registered patient who
wishes
10.19to renew the patient's registration must apply for registration renewal in a form
and manner
10.20specified by the office. In evaluating an application for registration renewal, the
office must
10.21consider any complaints reported to the office under subdivision 3 and may decline
to renew
10.22an individual's registration if the office determines, based on complaints received
or other
10.23evidence, that the individual did not perform the duties of a facilitator in a safe
or ethical
10.24manner. The office must approve or deny a registered facilitator's renewal application
within
10.2560 days after receiving the facilitator's complete application.
10.26(c) A registered facilitator whose registration expired within the past 30 days may
renew
10.27the registration under paragraph (b). A registered facilitator whose registration
expired
10.28within the past 30 days must apply for registration according to paragraph (a), except
the
10.29office must consider any complaints reported to the office under subdivision 3 and
may
10.30decline to register the individual if the office determines, based on complaints received
or
10.31other evidence, that the individual did not perform the duties of a facilitator in
a safe or
10.32ethical manner.
10.33(d) Individuals may apply for registration as a facilitator beginning July 1, 2028.
11.1 Subd. 3. Complaints. The office must accept complaints from registered patients and
11.2other interested individuals regarding a registered facilitator's failure to supervise
an
11.3administration session in a safe or ethical manner or failure to provide services
in a
11.4preparation session or an integration session in a safe or ethical manner.
11.5 Subd. 4. List of registered facilitators. The office must post on the Office of Cannabis
11.6Management website the names of and contact information for registered facilitators.
11.7 Sec. 8.
[342.91] LIMITATIONS.
11.8Nothing in sections 342.85 to 342.98 permits an individual to:
11.9(1) participate in the program if the individual is under 21 years of age;
11.10(2) sell psilocybin to an individual or engage in the distribution of psilocybin to
anyone
11.11not registered in the program;
11.12(3) establish a treatment facility on the grounds of a public school, as defined in
section
11.13120A.05, subdivisions 9, 11, and 13, or a charter school governed by chapter 124E,
including
11.14all owned, rented, or leased facilities and all vehicles that a school district owns,
leases,
11.15rents, contracts for, or controls;
11.16(4) establish a treatment facility in a state correctional facility;
11.17(5) if the individual is a registered facilitator, provide psilocybin to an individual
who
11.18is not a registered patient or supervise the administration session of an individual
who is
11.19not a registered patient; or
11.20(6) if the individual is a registered supplier, cultivate psilocybin not intended
for the
11.21program for registered patients.
11.22 Sec. 9.
[342.92] CRIMINAL AND CIVIL PROTECTIONS.
11.23 Subdivision 1. Forfeiture. Psilocybin cultivated or obtained under sections 342.85 to
11.24342.98 and associated property are not subject to forfeiture under sections 609.531
to
11.25609.5316.
11.26 Subd. 2. Protections for public employees. Notwithstanding any law to the contrary,
11.27the office, the governor of Minnesota, or an employee of any state agency may not
be held
11.28civilly or criminally liable for any injury, loss of property, personal injury, or
death caused
11.29by any act or omission while acting within the scope of their office or employment
under
11.30sections 342.85 to 342.98.
12.1 Subd. 3. Search warrant. Federal, state, and local law enforcement authorities are
12.2prohibited from accessing the patient registry under sections 342.85 to 342.98 except
when
12.3acting pursuant to a valid search warrant.
12.4 Subd. 4. Evidence in criminal proceeding. No information contained in a report,
12.5document, or registry or obtained from a patient or facilitator or physician under
sections
12.6342.85 to 342.98 may be admitted as evidence in a criminal proceeding as evidence
of
12.7criminal activity unless independently obtained or in connection with a proceeding
involving
12.8a violation of sections 342.85 to 342.98. Any person who violates this subdivision
is guilty
12.9of a gross misdemeanor.
12.10 Subd. 5. Possession of registry card or application. The possession of a registry card
12.11or application for enrollment in the program by an individual entitled to possess
a registry
12.12card or apply for enrollment in the program does not constitute probable cause or
reasonable
12.13suspicion and must not be used to support a search of the person or property of the
individual
12.14possessing the registry card or application or otherwise subject the person or property
of
12.15the individual to inspection by any governmental agency.
12.16 Subd. 6. Employment. An employer must not discriminate against a registered patient,
12.17registered supplier, or registered facilitator in hiring, termination, or any term
or condition
12.18of employment or otherwise penalize a registered patient, registered supplier, or
registered
12.19facilitator based on the lawful cultivation, possession, transportation, provision
of services
12.20in preparation sessions or integration sessions, supervision of administration sessions,
or
12.21use of psilocybin under sections 342.85 to 342.98, unless:
12.22(1) the employer's failure to act would violate federal law or regulations or would
cause
12.23the employer to lose a monetary or licensing-related benefit under federal law or
regulations;
12.24or
12.25(2) the registered patient's use of psilocybin directly impacts the registered patient's
job
12.26performance or safety requirements of the registered patient's job position.
12.27 Subd. 7. Housing. No landlord may refuse to lease to or evict a registered patient,
12.28registered supplier, or registered facilitator solely for lawfully engaging in the
psilocybin
12.29program under sections 342.85 to 342.98, unless the landlord's failure to do so would
violate
12.30federal law or regulations or would cause the landlord to lose a monetary or licensing-related
12.31benefit under federal law or regulations.
12.32 Subd. 8. Education. No school may refuse to enroll a registered patient or registered
12.33supplier or registered facilitator solely for lawfully engaging with their respective
treatment
12.34or duties for the psilocybin program under sections 342.85 to 342.98, unless the school's
13.1failure to do so would violate federal law or regulations or would cause the school
to lose
13.2a monetary or licensing-related benefit under federal law or regulations.
13.3 Subd. 9. Custody; visitation; parenting time. A registered patient, registered supplier,
13.4or registered facilitator must not be denied custody of a minor child or visitation
rights or
13.5parenting time with a minor child based solely on the registered patient's, registered
supplier's,
13.6or registered facilitator's lawful cultivation, possession, transportation, provision
of services
13.7in preparation sessions or integration sessions, supervision of administration sessions,
or
13.8use of psilocybin under sections 342.85 to 342.98, unless the registered patient's
designated
13.9behavior creates an unreasonable danger to the safety of the minor as demonstrated
by clear
13.10and convincing evidence.
13.11 Subd. 10. Action for damages. In addition to any other remedy provided by law, a
13.12registered patient, registered supplier, or registered facilitator who is injured
by a violation
13.13of subdivision 6, 7, 8, or 9 may bring an action for damages against a person who
violates
13.14subdivision 6, 7, 8, or 9. A person who violates subdivision 6, 7, 8, or 9 is liable
to the
13.15registered patient, registered supplier, or registered facilitator injured by the
violation for
13.16the greater of the registered patient's, registered supplier's, or registered facilitator's
actual
13.17damages or a civil penalty of $100, plus reasonable attorney fees.
13.18 Sec. 10.
[342.93] VIOLATIONS.
13.19In addition to any other applicable penalty in law, a registered patient, registered
supplier,
13.20or registered facilitator who intentionally sells or otherwise transfers psilocybin
to a person
13.21other than a registered patient is guilty of a felony punishable by imprisonment for
not more
13.22than two years or by payment of a fine of not more than $3,000, or both.
13.23 Sec. 11.
[342.94] PROTECTIONS FOR PHYSICIANS AND REGISTERED
13.24FACILITATORS.
13.25 Subdivision 1. Physicians. The Board of Medical Practice must not impose civil or
13.26disciplinary penalties on, or limit or condition the practice of, a physician solely
for certifying
13.27that an individual has a diagnosis of a qualifying medical condition according to
section
13.28342.87, subdivision 2, or performing health screenings or additional evaluations according
13.29to section 342.87, subdivision 3.
13.30 Subd. 2. Registered facilitators. (a) A health-related licensing board, the Office of
13.31Emergency Medical Services, or the Office of Cannabis Management must not impose civil
13.32or disciplinary penalties on, or limit or condition the practice of, a registered
facilitator who
13.33also holds a license, registration, or certification from the health-related licensing
board,
14.1Office of Emergency Medical Services, or Office of Cannabis Management solely for
14.2obtaining and transporting psilocybin for registered patients, providing services
to registered
14.3patients in preparation sessions and integration sessions, and administering psilocybin
and
14.4supervising administration sessions of registered patients, provided that the services
are
14.5provided or supervision is performed according to sections 342.85 to 342.98. No existing
14.6disciplinary procedures for complaints to the health licensing boards will be changed.
14.7(b) For purposes of paragraph (a), the health-related licensing boards include the
Board
14.8of Medical Practice, Board of Nursing, Board of Psychology, Board of Social Work,
Board
14.9of Marriage and Family Therapy, and Board of Behavioral Health and Therapy.
14.10 Sec. 12.
[342.95] PUBLIC EDUCATION AND HARM REDUCTION.
14.11 Subdivision 1. Public education program. The office, in collaboration with the program
14.12research institution, must develop and implement a public education program that makes
14.13information available to the public on the responsible use of psilocybin, potential
risks of
14.14using psilocybin, harm reduction strategies related to psilocybin use, and mental
health
14.15resources related to psilocybin use. A website must be developed and launched with
14.16educational content determined by the research program and advisory committee no later
14.17than January 1, 2028.
14.18 Subd. 2. Training programs for first responders. The office, in collaboration with the
14.19program research institution, must develop and offer training programs for emergency
14.20medical responders, ambulance service personnel, peace officers, and other first responders
14.21on best practices for handling situations involving the use of psilocybin. The training
14.22programs must be developed and offered in coordination with the Office of Emergency
14.23Medical Services, the Peace Officer Standards and Training Board, the Minnesota State
14.24Patrol, and local law enforcement agencies. Trainings must be developed and available
for
14.25first responders no later than January 1, 2028.
14.26 Sec. 13.
[342.96] DATA PRACTICES; ACCESS TO AND USE OF DATA.
14.27(a) Except for the data specified in section 342.90, subdivision 4, data submitted
to the
14.28office under section 342.87, 342.88, or 342.90:
14.29(1) is private data on individuals as defined in section 13.02, subdivision 12, or
nonpublic
14.30data as defined in section 13.02, subdivision 9; and
15.1(2) may only be used to comply with chapter 13, to comply with a request from the
15.2legislative auditor or state auditors in the performance of official duties, and for
purposes
15.3specified in sections 342.85 to 342.98.
15.4(b) The data specified in paragraph (a) must not be combined or linked in any manner
15.5with any other list, data set, or database and must not be shared with any federal
agency,
15.6federal department, or federal entity unless specifically ordered by a state or federal
court,
15.7or as part of a federally approved research project for monitoring of the program
where a
15.8certificate of confidentiality is obtained by a federal agency to protect the identities
of the
15.9program registrants.
15.10 Sec. 14.
[342.97] FEES.
15.11(a) The office must collect an annual fee of $....... from each patient whose enrollment
15.12application or renewal application is approved by the office.
15.13(b) Notwithstanding paragraph (a), if the patient provides evidence to the office
of
15.14receiving Social Security disability insurance, Supplemental Security Income, or veterans
15.15disability or railroad disability payments, or of being enrolled in medical assistance
or
15.16MinnesotaCare, the office must collect an annual fee of $....... from the patient
after approving
15.17the patient's enrollment application or renewal application.
15.18(c) Fees collected under this section must be deposited in the state treasury and
credited
15.19to the state government special revenue fund. The office may request appropriations
of fee
15.20revenue to distribute as grants to fund Minnesota-based research exploring the effectiveness
15.21of psilocybin for additional conditions or to provide funding to offset the cost of
psilocybin
15.22therapy for low-income patients registered in the program demonstrated by evidence
15.23submitted from paragraph (b).
15.24 Sec. 15.
[342.98] PSYCHEDELIC MEDICINE ADVISORY COMMITTEE.
15.25 Subdivision 1. Establishment. The office must establish a Psychedelic Medicine
15.26Advisory Committee to advise the office on the operation of the psilocybin therapeutic
use
15.27program under sections 342.85 to 342.98.
15.28 Subd. 2. Membership. (a) The advisory committee shall consist of:
15.29(1) seven members with knowledge or expertise regarding the therapeutic use of
15.30psilocybin and other psychedelic medicines or regarding integration resources associated
15.31with the use of psilocybin, including cultivation and testing of psilocybin. The office
must
16.1make recommendations to the governor for members appointed under this clause, and
the
16.2governor must appoint members under this clause; and
16.3(2) one member representing Tribal Nations in the state, appointed by the Indian Affairs
16.4Council.
16.5(b) Initial appointments must be made to the advisory committee by November 1, 2026.
16.6 Subd. 3. Chairperson. Members of the advisory committee must elect a chairperson
16.7from among the advisory committee's members.
16.8 Subd. 4. Terms; compensation; removal of members. The advisory committee is
16.9governed by section 15.059, except the advisory committee does not expire.
16.10 Subd. 5. Meetings. The advisory committee must meet at least four times per year or at
16.11the call of the chairperson. The initial meeting of the advisory committee must occur
by
16.12December 1, 2026, and must be called by the office.
16.13 Subd. 6. Staff support; office space; equipment. The office must provide the advisory
16.14committee with staff support, office space, and access to office equipment and services.
16.15 Sec. 16.
APPROPRIATION.
16.16$....... in fiscal year 2027 is appropriated from the general fund to the director
of the
16.17Office of Cannabis Management for purposes of Minnesota Statutes, sections 342.85
to
16.18342.98."
16.19Renumber the sections in sequence and correct the internal references
16.20Amend the title accordingly
16.21The motion prevailed. #did not prevail. So the amendment was #not adopted.