House
File
978
S-5248
Amend
the
amendment,
S-5119,
to
House
File
978,
as
amended,
1
passed,
and
reprinted
by
the
House,
as
follows:
2
1.
Page
1,
line
16,
by
striking
<
eight
>
and
inserting
<
eight
3
nine
>
4
2.
Page
1,
line
19,
after
<
medicine,
>
by
inserting
5
<
chemistry,
>
6
3.
Page
1,
line
20,
by
striking
<
one
member
with
knowledge
7
of
psilocybin,
one
>
and
inserting
<
and
one
member
with
8
knowledge
of
psilocybin
>
9
4.
Page
1,
by
striking
lines
21
through
25.
10
5.
Page
1,
line
26,
by
striking
<
university
>
11
6.
Page
2,
after
line
29
by
inserting:
12
<
___.
Page
4,
line
23,
by
striking
<
Track,
in
real
time,
>
13
and
inserting
<
Track
>>
14
7.
Page
3,
by
striking
line
4
and
inserting:
15
<
___.
Page
7,
by
striking
lines
3
and
4
and
inserting:
16
<
4.
The
licensing
board
may
recommend
that
the
department
17
allow
for
treatment
of
medical
conditions
other
than
18
post-traumatic
stress
disorder
through
the
administration
19
of
psilocybin
if
the
board
finds
that
the
use
of
psilocybin
20
would
be
medically
beneficial.
The
department
may
adopt
rules
21
pursuant
to
chapter
17A
to
allow
for
treatment
of
medical
22
conditions
other
than
post-traumatic
stress
disorder
through
23
the
administration
of
psilocybin
if
the
department
finds
that
24
the
use
of
psilocybin
would
be
medically
beneficial.
>>
25
8.
Page
3,
after
line
5
by
inserting:
26
<
___.
Page
8,
line
6,
after
<
license.
>
by
inserting
<
The
27
department
may
adopt
rules
pursuant
to
chapter
17A
allowing
an
28
applicant
to
obtain
an
insurance
policy
or
letter
of
credit
in
29
lieu
of
a
performance
bond.
>
30
___.
Page
8,
line
8,
after
<
department
>
by
inserting
<
by
31
rule,
not
to
exceed
seven
thousand
five
hundred
dollars
>>
32
9.
Page
3,
after
line
7
by
inserting:
33
<
___.
Page
9,
by
striking
lines
16
through
19.
34
___.
Page
9,
line
24,
after
<
license
>
by
inserting
<
,
unless
35
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#1.
#2.
#3.
#4.
#5.
#6.
#7.
#8.
#9.
the
psilocybin
production
establishment
shows
good
cause
for
1
not
beginning
operations
>
2
___.
Page
10,
by
striking
lines
17
and
18.
>
3
10.
Page
3,
after
line
9
by
inserting:
4
<
___.
Page
10,
by
striking
lines
21
through
25.
5
___.
Page
11,
line
10,
before
<
The
director
>
by
inserting
6
<
1.
>
7
___.
Page
11,
line
13,
by
striking
<
1.
>
and
inserting
<
a.
>
8
___.
Page
11,
line
15,
by
striking
<
2.
>
and
inserting
<
b.
>
9
___.
Page
11,
line
18,
by
striking
<
3.
>
and
inserting
<
c.
>
10
___.
Page
11,
after
line
19
by
inserting:
11
<
2.
Notwithstanding
subsection
1,
the
department
may
adopt
12
rules
pursuant
to
chapter
17A
to
allow
for
the
issuance
of
a
13
license
on
a
multiyear
basis
and
may
impose
a
lower
per-year
14
renewal
fee
on
a
license
issued
for
multiple
years.
>
15
___.
Page
16,
line
15,
by
striking
<
data.
>
and
inserting
16
<
data
that
is
relevant
to
determining
compliance
with
17
this
chapter
and
rules
adopted
pursuant
to
this
chapter.
18
Information
collected
pursuant
to
this
section
is
not
a
public
19
record
under
chapter
22
and
may
be
a
trade
secret
as
defined
in
20
section
550.2,
or
under
common
law.
>
21
___.
Page
21,
line
11,
by
striking
<
is
unsafe
for
human
22
consumption
>
and
inserting
<
presents
an
imminent
threat
to
23
human
health
>
24
___.
Page
21,
line
13,
after
<
section
124F.14
>
by
inserting
25
<
,
or
may
require
the
psilocybin
cultivation
establishment
26
to
take
any
actions
necessary
to
render
the
psilocybin
or
27
psilocybin
product
no
longer
an
imminent
threat
to
human
28
health
>>
29
11.
Page
3,
line
14,
after
<
disorder
>
by
inserting
<
or
30
another
condition
as
approved
by
the
department
by
rule
>
31
12.
Page
3,
after
line
14
by
inserting:
32
<
___.
Page
26,
lines
13
and
14,
by
striking
<
provider
not
33
liable
——
>
34
___.
Page
26,
after
line
21
by
inserting:
35
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#10.
#11.
#12.
<
2.
A
psilocybin
cultivation
facility
or
psilocybin
1
production
establishment
that
cultivates
or
produces
psilocybin
2
in
compliance
with
this
chapter
shall
not
be
subject
to
a
civil
3
penalty
solely
for
cultivating
or
producing
psilocybin
or
a
4
psilocybin
product
in
compliance
with
this
chapter.
5
3.
A
psilocybin
cultivation
facility
shall
not
be
liable
6
for
damages
arising
from
the
transfer
of
psilocybin
with
an
7
inaccurate
label
if
all
of
the
following
apply:
8
a.
The
psilocybin
cultivation
facility
complied
with
9
standard
operating
procedures
approved
by
the
department.
10
b.
The
inaccuracy
in
the
label
was
caused
by
an
error
11
committed
by
an
independent
psilocybin
testing
laboratory.
>
12
___.
Page
26,
line
22,
by
striking
<
2.
>
and
inserting
<
4.
>
13
___.
Page
28,
by
striking
lines
1
through
4
and
inserting:
14
<
In
addition
to
any
other
use
authorized
by
this
15
chapter,
upon
approval
by
the
United
States
food
and
drug
16
administration,
and
placement
on
the
federal
schedule
of
17
controlled
substances
by
the
United
States
drug
enforcement
18
administration,
it
shall
be
legal
to
transport,
prescribe,
19
distribute,
dispense,
and
use
all
of
the
following,
consistent
20
with
federal
law:
21
1.
A
fresh
or
natural
drug
product
that
contains
any
portion
22
of
a
psilocybin-containing
mushroom.
23
2.
A
chemically
synthesized
crystalline
psilocybin
drug
24
product.
>>
25
13.
Page
3,
after
line
16
by
inserting:
26
<
___.
Page
30,
by
striking
lines
11
through
15
and
27
inserting:
28
<
f.
A
licensed
physician
and
surgeon,
osteopathic
physician
29
and
surgeon,
or
advanced
registered
nurse
practitioner
30
is
present
on
site
in
case
the
patient
requires
medical
31
intervention.
>>
32
14.
Page
3,
after
line
20
by
inserting:
33
<
___.
Page
35,
after
line
6
by
inserting:
34
<
Sec.
___.
NEW
SECTION
.
124F.33
Psilocybin
recommendation
35
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#13.
#14.
——
limitations
——
expiration.
1
1.
No
more
than
five
thousand
individuals
shall
2
simultaneously
hold
a
psilocybin
recommendation
from
a
3
qualified
medical
psilocybin
provider.
4
2.
An
individual’s
psilocybin
recommendation
expires
if
the
5
individual
has
not
received
treatment
from
a
qualified
therapy
6
provider
with
psilocybin
or
a
psilocybin
product
by
the
later
7
of
one
year
from
the
date
the
qualified
medical
psilocybin
8
provider
provided
the
recommendation,
or
one
year
from
the
date
9
of
the
individual’s
most
recent
administration
of
psilocybin
or
10
a
psilocybin
product
by
a
qualified
therapy
provider.
11
Sec.
___.
Section
422.7,
Code
2026,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
46.
Subtract,
to
the
extent
included,
14
the
amount
of
business
expense
for
a
psilocybin
cultivation
15
facility,
psilocybin
production
establishment,
or
independent
16
psilocybin
testing
laboratory
licensed
pursuant
to
chapter
17
124F
without
regard
to
section
280E
of
the
Internal
Revenue
18
Code.
This
subsection
does
not
apply
when
no
licensed
entity
19
acting
within
the
scope
of
the
license
pursuant
to
chapter
124F
20
incurred
the
expense,
or
to
an
expense
incurred
in
violation
of
21
section
124.401
and
is
not
otherwise
authorized
by
law.
22
Sec.
___.
Section
422.35,
Code
2026,
is
amended
by
adding
23
the
following
new
subsection:
24
NEW
SUBSECTION
.
15.
Subtract,
to
the
extent
included,
25
the
amount
of
business
expense
for
a
psilocybin
cultivation
26
facility,
psilocybin
production
establishment,
or
independent
27
psilocybin
testing
laboratory
licensed
pursuant
to
chapter
28
124F
without
regard
to
section
280E
of
the
Internal
Revenue
29
Code.
This
subsection
does
not
apply
when
no
licensed
entity
30
acting
within
the
scope
of
the
license
pursuant
to
chapter
124F
31
incurred
the
expense,
or
to
an
expense
incurred
in
violation
of
32
section
124.401
and
is
not
otherwise
authorized
by
law.
>>
33
15.
Page
4,
by
striking
line
12
and
inserting:
34
<
___.
By
renumbering,
redesignating,
and
correcting
35
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#15.
internal
references
as
necessary.
>
1
16.
By
renumbering
as
necessary.
2
______________________________
COMMITTEE
ON
WAYS
AND
MEANS
DAN
DAWSON,
CHAIRPERSON
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S
5119.4446
(3)
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ss/ko
5/
5
#16.