S-5248

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

______________________________
COMMITTEE ON WAYS AND MEANS

DAN DAWSON, CHAIRPERSON