House File 636 - IntroducedA Bill ForAn Act 1creating the psilocybin services Act, and providing
2penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 124.204, subsection 4, paragraph s, Code
22021, is amended to read as follows:
   3s.  Psilocybin, except as otherwise provided in subsection
48A
.
5   Sec. 2.  Section 124.204, Code 2021, is amended by adding the
6following new subsection:
7   NEW SUBSECTION.  8A.  Psilocybin.  Nothing in this chapter
8shall apply to psilocybin when manufactured, planted,
9cultivated, grown, harvested, produced, prepared, propagated,
10compounded, converted, processed, handled, transported,
11delivered, marketed, distributed, possessed, administered,
12consumed, tested, or otherwise used in accordance and
13compliance with chapter 124F.
14   Sec. 3.  Section 124.401, Code 2021, is amended by adding the
15following new subsection:
16   NEW SUBSECTION.  7.  Notwithstanding any other provision
17in this section to the contrary, a person may manufacture,
18plant, cultivate, grow, harvest, produce, prepare, propagate,
19compound, convert, process, handle, transport, deliver, market,
20distribute, possess, administer, consume, test, or otherwise
21use psilocybin in accordance and compliance with chapter 124F.
22   Sec. 4.  NEW SECTION.  124F.1  Short title.
   23This Act shall be known and may be cited as the “Psilocybin
24Services Act”
.
25   Sec. 5.  NEW SECTION.  124F.2  Definitions.
   26As used in this chapter, unless the context otherwise
27requires:
   281.  “Administration session” means a session held at
29a psilocybin service center at which a client purchases,
30consumes, and experiences the effects of a psilocybin product
31under the supervision of a psilocybin service facilitator.
   322.  “Client” means a person who is provided psilocybin
33services under this chapter.
   343.  “Department” means the department of public health.
   354.  “Entheogenic plants and fungi” means any plant or
-1-1fungus of any species in which ibogaine, dimethyltryptamine,
2mescaline, peyote, psilocybin, or psilocin occurs naturally in
3any form that would cause such plant or fungus to be named or
4described as a controlled substance under chapter 124.
   55.  “Integration session” means a meeting between a client
6and a psilocybin service facilitator that may occur after the
7client completes an administration session.
   86.  “Legal entity” means a corporation, limited liability
9company, limited partnership, or other entity that is
10registered with the office of the secretary of state.
   117.  “Licensee” means a person who holds a license issued
12under this chapter.
   138.  “Licensee representative” means an owner, director,
14officer, manager, employee, agent, or other representative of
15a licensee, to the extent that such person is serving in a
16representative capacity.
   179.  “Manufacture” or “manufacturing” means the manufacture,
18planting, cultivation, growing, harvesting, production,
19preparation, propagation, compounding, conversion, or
20processing of a psilocybin product, either directly or
21indirectly by extraction from substances of natural origin,
22or independently by means of chemical synthesis, or by a
23combination of extraction and chemical synthesis. The term
24includes any packaging or repackaging of the psilocybin product
25or labeling or relabeling of the psilocybin product package.
   2610.  “One-year program development period” means the period
27beginning on January 1, 2022, and ending no later than December
2831, 2022.
   2911.  “Premises” includes all of the following areas of a
30location licensed under this chapter:
   31a.  All public and private enclosed areas that are used
32in the business operated at the location, including offices,
33kitchens, restrooms, and storerooms.
   34b.  All areas outside a building that the department has
35specifically licensed for the manufacturing of psilocybin
-2-1products or the operation of a psilocybin service center.
   2c.  For a location that the department has specifically
3licensed for the operation of a psilocybin service center
4outside a building, that portion of the location used to
5operate the center and provide psilocybin services to clients.
   6d.  The term does not include a primary residence.
   712.  “Preparation session” means a meeting between a client
8and a psilocybin service facilitator that must occur before the
9client participates in an administration session.
   1013.  “Psilocybin” means a hallucinogenic compound obtained
11from P.cubensis mushrooms.
   1214.  “Psilocybin product manufacturing facility” means a
13facility that manufactures psilocybin products in this state.
   1415.  “Psilocybin products” means psilocybin-producing fungi
15and mixtures or substances containing a detectable amount of
16psilocybin. The term does not include psilocybin services.
   1716.  “Psilocybin service center” means a center where
18administration sessions are held and other psilocybin services
19may be provided.
   2017.  “Psilocybin service facilitator” means a person who
21facilitates the provision of psilocybin services to a client.
   2218.  “Psilocybin services” means services provided to a
23client before, during, or after the client’s consumption of
24a psilocybin product, including a preparation session, an
25administration session, and an integration session.
   2619.  “Psilocybin testing laboratory” means a laboratory that
27conducts tests on psilocybin products in accordance with this
28chapter.
29   Sec. 6.  NEW SECTION.  124F.3  Purposes.
   30The purposes of this chapter include all of the following:
   311.  To educate the public about the safe and effective use of
32psilocybin in treating mental health conditions.
   332.  To reduce the prevalence of mental illness among adults
34in the state and improve the physical, mental, and social
35well-being of all people in the state.
-3-
   13.  To develop a long-term strategic plan for ensuring that
2psilocybin services will become and remain a safe, accessible,
3and affordable therapeutic option for all persons twenty-one
4years of age or older for whom psilocybin may be appropriate.
   54.  To protect the public health, safety, and welfare by
6prioritizing the state’s limited law enforcement resources in
7the most effective, consistent, and rational way.
   85.  To allow persons licensed under this chapter to legally
9manufacture psilocybin products and provide psilocybin services
10to persons twenty-one years of age or older in accordance with
11this chapter.
   126.  To establish a comprehensive regulatory framework
13regarding psilocybin products and psilocybin services.
   147.  To prevent the distribution of psilocybin products to
15persons who are not allowed to possess psilocybin products
16under this chapter, including persons who are younger than
17twenty-one years of age.
   188.  To prevent the diversion of psilocybin products from this
19state to other states.
20   Sec. 7.  NEW SECTION.  124F.4  Department authority and
21duties.
   221.  The department shall do all of the following during the
23one-year program development period:
   24a.  Examine, publish, and distribute to the public available
25medical, psychological, and scientific studies, research,
26and other information relating to the safety and efficacy of
27psilocybin in treating mental health conditions.
   28b.  Adopt rules pursuant to chapter 17A for the
29implementation of a comprehensive regulatory framework
30authorizing persons twenty-one years of age or older to be
31provided psilocybin services in this state.
   32c.  Establish an advisory board for the purpose of advising
33and making recommendations to the department regarding the use
34of psilocybin for mental health treatment.
   352.  Unless otherwise provided by law, the department shall
-4-1not issue any licenses or permits during the one-year program
2development period.
   33.  Beginning November 30, 2022, and periodically
4thereafter, the department shall publish on its internet
5website information received from the psilocybin advisory board
6and available medical, psychological, and scientific studies,
7research, and any other information relating to the safety and
8efficacy of psilocybin in treating mental health conditions,
9including but not limited to addiction, depression, anxiety
10disorders, and end-of-life psychological distress.
   114.  After the one-year program development period, beginning
12no later than January 1, 2023, the duties of the department
13shall include all of the following:
   14a.  Regulating the possession, manufacturing,
15transportation, delivery, sale, and purchase of psilocybin
16products and the provision of psilocybin services in this state
17in accordance with this chapter.
   18b.  Issuing, renewing, suspending, revoking, or refusing
19to issue or renew licenses for the manufacturing or sale of
20psilocybin products or the provision of psilocybin services
21or other licenses related to the consumption of psilocybin
22products, and allowing the transfer of a license between
23persons.
   24c.  Issuing, renewing, suspending, revoking, or refusing to
25issue or renew permits for licensee representatives.
   26d.  Regulating the use of psilocybin products and psilocybin
27services for other purposes as deemed necessary or appropriate
28by the department.
   29e.  Adopting, amending, or repealing rules pursuant to
30chapter 17A as necessary to administer this chapter including
31rules that the department considers necessary to protect the
32public health, safety, and welfare.
   33f.  Exercising the department’s authority to administer
34this chapter or any other law that authorizes the department
35to regulate psilocybin products and psilocybin services, which
-5-1includes all of the following:
   2(1)  Issuing subpoenas.
   3(2)  Compelling the attendance of witnesses.
   4(3)  Administering oaths.
   5(4)  Certifying official acts.
   6(5)  Taking depositions.
   7(6)  Compelling the production of books, payrolls, accounts,
8papers, records, documents, and testimony.
   9(7)  Adopting rules regulating the advertisement of
10psilocybin products to the public.
   11(8)  Adopting rules prohibiting the advertisement of
12psilocybin services in a manner that does any of the following:
   13(a)  Is appealing to minors.
   14(b)  Promotes excessive use.
   15(c)  Promotes illegal activity.
   16(d)  Violates the code of professional conduct for
17psilocybin service facilitators.
   18(e)  Otherwise poses a significant risk to the public health,
19safety, and welfare.
   20g.  Purchasing, possessing, seizing, transferring to a
21licensee, or disposing of psilocybin products as necessary for
22the department to ensure compliance with and to enforce this
23chapter.
   245.  The department shall not do any of the following:
   25a.  Require that a psilocybin product be manufactured by
26means of chemical synthesis.
   27b.  Require a client to be diagnosed with or have any
28particular medical condition before being provided psilocybin
29services.
30   Sec. 8.  NEW SECTION.  124F.5  Psilocybin advisory board —
31membership, duties.
   321.  The psilocybin advisory board is created within
33the department for the purpose of advising and making
34recommendations to the department regarding the use of
35psilocybin for mental health treatment.
-6-
   12.  a.  The board shall include the following ex-officio,
2nonvoting members:
   3(1)  The state medical director, or the medical director’s
4designee.
   5(2)  The secretary of agriculture, or the secretary’s
6designee.
   7(3)  The attorney general or the attorney general’s
8designee.
   9(4)  The director of public safety, or the director’s
10designee.
   11(5)  The director of the department of human services, or the
12director’s designee.
   13b.  The board shall include all of the following voting
14members appointed by the governor, subject to sections 69.16,
1569.16A, and 69.16C, and subject to confirmation by the senate:
   16(1)  A state employee employed by the department of public
17health to administer the medical cannabidiol program pursuant
18to chapter 124E.
   19(2)  A licensed attorney with experience with laws and
20regulations relating to controlled substances.
   21(3)  A state employee who has technical and policy expertise
22in the field of public health.
   23(4)  A person who is a member of, or who represents, a
24federally recognized Indian tribe in this state.
   25(5)  A person who represents providers who deliver health
26care services directly to the public.
   27(6)  A psychologist licensed under chapter 154B who has
28professional experience diagnosing or treating mental,
29emotional, or behavioral health conditions.
   30(7)  A physician licensed under chapter 148.
   31(8)  A person who practices naturopathy.
   32(9)  A person who is an expert in the field of public health
33and is employed by a postsecondary institution in the state.
   34(10)  A person who has professional experience conducting
35scientific research regarding the use of psychedelic compounds
-7-1in clinical therapy.
   2(11)  A person who has experience in the field of mycology.
   3(12)  A person who has experience in the field of
4ethnobotany.
   5(13)  A person who has experience in the field of
6psychopharmacology.
   7(14)  A person who has experience in the field of psilocybin
8harm reduction.
   9(15)  Two members selected at large.
   103.  Voting members shall serve for four-year terms beginning
11and ending as provided in section 69.19. Vacancies shall be
12filled by the governor for the duration of the unexpired terms.
13A majority of the voting members of the board shall constitute
14a quorum. The affirmative vote of a majority of the quorum is
15necessary for any action taken by the board. The board shall
16elect one of the members to serve as chairperson.
   174.  During the one-year program development period, the
18board shall meet at least bimonthly at a time and place
19determined by the chairperson or a majority of the voting
20members of the board. After the one-year program development
21period, the board shall meet at least quarterly at a time and
22place determined by the chairperson or a majority of the voting
23members of the board. The board may also meet at other times
24and places at the call of the chairperson or a majority of the
25voting members of the board.
   265.  The advisory board shall do all of the following:
   27a.  Advise the department regarding the administration of
28this chapter.
   29b.  Make recommendations to the department on available
30medical, psychological, and scientific studies, research,
31and other information relating to the safety and efficacy of
32psilocybin in treating mental health conditions, including but
33not limited to addiction, depression, anxiety disorders, and
34end-of-life psychological distress.
   35c.  Make recommendations to the department regarding the
-8-1requirements, specifications, and guidelines for providing
2psilocybin services to a client, including all of the
3following:
   4(1)  The requirements, specifications, and guidelines for
5holding and verifying the completion of a preparation session,
6an administration session, and an integration session.
   7(2)  The contents of the client information form that a
8client must complete and sign before the client participates in
9a preparation session, including all of the following:
   10(a)  Information that must be solicited from the client
11to determine whether it is appropriate for the client to
12participate in the preparation session, which may identify risk
13factors and contraindications.
   14(b)  Information that must be solicited from the client to
15assist the psilocybin service center and the psilocybin service
16facilitator in meeting any public health and safety standards
17and industry best practices during the administration session.
   18(c)  Health and safety warnings and other disclosures that
19must be made to the client before the client participates in
20the administration session.
   21(3)  Make recommendations to the department on public health
22and safety standards and industry best practices for each type
23of licensee and licensee representative under this chapter.
   24(4)  Make recommendations to the department on the
25formulation of a code of professional conduct for psilocybin
26service facilitators, including a code of ethics.
   27(5)  Make recommendations to the department on the education
28and training that psilocybin service facilitators must
29complete, including all of the following:
   30(a)  Facilitation skills that are affirming, nonjudgmental,
31and nondirective.
   32(b)  Skills to support clients during an administration
33session, including specialized skills for client safety and
34clients who may have a mental health condition.
   35(c)  The optimal environment in which psilocybin services
-9-1must occur.
   2(d)  Social and cultural considerations.
   3(e)  Whether such education and training should be made
4available through online resources.
   5(6)  Make recommendations to the department on the
6examinations that psilocybin service facilitators and licensee
7representatives must pass to obtain and maintain a license or
8permit.
   9(7)  Make recommendations to the department on public health
10and safety standards and industry best practices for holding
11and completing an administration session, including whether
12group administration sessions will be made available and
13whether clients will be able to access common or outside areas
14on the premises of the psilocybin service center at which the
15administration session is held.
   16(8)  Make recommendations to the department as to whether
17and how psilocybin service centers and psilocybin service
18facilitators may safely and effectively provide administration
19sessions using telehealth.
   20(9)  Make recommendations to the department regarding
21the circumstances under which an administration session is
22considered complete.
   23(10)  Make recommendations to the department regarding the
24transportation needs of the client after the completion of an
25administration session.
   26(11)  Develop a long-term strategic plan for ensuring that
27psilocybin services are and will remain a safe, accessible, and
28affordable therapeutic option for all persons twenty-one years
29of age or older for whom psilocybin may be appropriate.
   30(12)  Make recommendations to the department about
31technologies that can be used and implemented by the department
32to track product information, client data, and outcomes of
33clients during and after receiving psilocybin services.
   34(13)  Monitor and study federal laws, regulations, and
35policies relating to psilocybin.
-10-
   16.  The advisory board shall submit its initial findings
2and recommendations to the governor and the general assembly
3by August 31, 2022, and shall periodically thereafter submit
4findings and recommendations to the governor and the general
5assembly regarding improvements in the program.
6   Sec. 9.  NEW SECTION.  124F.6  Applications for licensure.
  71.  By February 1, 2023, the department shall begin receiving
8applications for the licensing of all of the following:
   9a.  Psilocybin product manufacturing facilities.
   10b.  Psilocybin service centers.
   11c.  Psilocybin service facilitators.
   12d.  Psilocybin testing laboratories.
   132.  An applicant for a license or renewal of a license shall
14apply to the department in a form prescribed by department
15by rule. The application shall include the name and address
16of the applicant, the location of the premises that will be
17operated under the license, and any other pertinent information
18required by the department.
   193.  The department shall not issue or renew a license until
20the applicant has complied with this section.
   214.  The department shall approve or deny an application for
22licensure under this section in a timely manner.
   235.  The department shall not issue a license for premises
24that do not have defined boundaries. The premises are not
25required to be enclosed by a wall, fence, or other structure.
26However, the department may require the premises to be enclosed
27as a condition of issuing or renewing a license.
   286.  The department shall not issue a license to a mobile
29premises.
   307.  A license issued under this section serves the purpose
31of exempting the licensee from the criminal laws of this state
32for the possession, transportation, delivery, manufacturing,
33or sale of psilocybin products to the extent that the person
34complies with all state laws and rules applicable to a
35licensee.
-11-
   18.  The department may reject any application that is not
2submitted in the form prescribed by the department.
   39.  An applicant may appeal any action taken by the
4department pursuant to this section in a proceeding under
5chapter 17A.
   610.  A license issued under this section:
   7a.  Is a personal privilege.
   8b.  Is renewable except for a cause that would be grounds for
9refusal to issue the license.
   10c.  Is revocable or may be subject to suspension.
   11d.  Except for a license issued to a psilocybin service
12facilitator, is transferable from the premises for which the
13license was originally issued to another premises.
   14e.  If the license was issued to a person, expires upon the
15death of the licensee, except as otherwise provided in this
16section.
   17f.  Does not constitute property.
   18g.  Is not alienable.
   19h.  Is not subject to attachment or execution.
   20i.  Does not descend by the laws of testate or intestate
21succession.
   2211.  The department may require an applicant for a license
23or a licensee to submit to the department, in a form and manner
24prescribed by the department, a sworn statement showing both
25of the following:
   26a.  The name and address of each person who has a financial
27interest in the business operating or to be operated under the
28license.
   29b.  The nature and extent of the financial interest of each
30person who has a financial interest in the business operating
31or to be operated under the license.
   3212.  The department may refuse to issue, or may suspend,
33revoke, or refuse to renew, a license issued under this chapter
34if the department determines that a person who has a financial
35interest in the business operating or to be operated under
-12-1the license committed or failed to commit an act that would
2constitute grounds for the department to refuse to issue, or to
3suspend, revoke, or refuse to renew, the license if the person
4were the licensee or applicant for the license.
   513.  A person including a legal entity that directly or
6indirectly owns, controls, or holds with power to vote five
7percent or more of the voting shares of a psilocybin product
8manufacturing facility or psilocybin service center shall not
9acquire direct or indirect ownership or control of any voting
10shares or other form of ownership of any other psilocybin
11product manufacturing facility or psilocybin service center.
   1214.  Before receiving a license for a psilocybin product
13manufacturing facility or psilocybin service center, an
14applicant shall request a land use compatibility statement
15from the city or county in which the applicant will operate.
16The land use compatibility statement must demonstrate that
17the requested license is for a land use that is allowable as
18a permitted or conditional use within the applicable zoning
19designation where the land is located. The department shall
20not issue a license if the land use compatibility statement
21shows that the proposed land use is prohibited in the
22applicable zone.
   2315.  Except as otherwise provided by law, a city or county
24that receives a request for a land use compatibility statement
25shall act on such request within twenty-one days after receipt
26of the request, if the land use is allowable as an outright
27permitted use, or twenty-one days after final local permit
28approval, if the land use is allowable as a conditional use.
   2916.  A city or county that receives a request for a land use
30compatibility statement is not required to act on that request
31during the period that the department suspends licensing for
32the premises.
   3317.  The department may require the fingerprints of any
34person listed on an application. However, the department shall
35require the fingerprints of all of the following:
-13-
   1a.  Each general partner of the limited partnership, if the
2applicant is a limited partnership.
   3b.  Each manager of the limited liability company, if the
4applicant is a manager-managed limited liability company.
   5c.  Each voting member of the limited liability company, if
6the applicant is a member-managed limited liability company.
   7d.  Each director and officer of the corporation, if the
8applicant is a corporation.
   9e.  Any person who holds a financial interest, whether direct
10or indirect, in a psilocybin product manufacturing facility or
11psilocybin service center.
   12f.  Any licensee representative.
   1318.  An applicant shall be subject to a background screening
14under this section. Any arrest record identified shall be
15reported to the department.
16   Sec. 10.  NEW SECTION.  124F.7  Psilocybin product
17manufacturing license.
   181.  The manufacture of psilocybin products is subject to
19regulation by the department. Any psilocybin products used
20by a psilocybin service center shall be manufactured by a
21psilocybin product manufacturing facility licensed under this
22chapter. A psilocybin product manufacturing facility shall
23have a psilocybin product manufacturing facility license issued
24by the department for the premises at which the psilocybin
25products will be manufactured.
   262.  To hold a psilocybin product manufacturing facility
27license, a psilocybin product manufacturing facility shall do
28all of the following:
   29a.  Apply for a license in the manner described in this
30chapter.
   31b.  Provide proof that the applicant is owned and controlled
32by a person or persons who are twenty-one years of age or
33older.
   34c.  Provide proof that the applicant’s psilocybin product
35manufacturing facility is located in an area zoned for
-14-1industrial or agricultural use.
   2(1)  For purposes of this paragraph, the department shall
3adopt rules pursuant to chapter 17A that designate different
4types of psilocybin product manufacturing activities and
5provide for endorsement by the department for such activities.
6A psilocybin product manufacturing facility shall only engage
7in a type of psilocybin product manufacturing activity if the
8psilocybin product manufacturing facility has received an
9endorsement from the department for that type of psilocybin
10product manufacturing activity.
   11(2)  An applicant shall request an endorsement upon
12submission of an initial application but the applicant or
13licensee may request a subsequent endorsement at any time after
14licensure.
   15(3)  Only one application is required regardless of how many
16endorsements an applicant or licensee requests or at what point
17in the licensing process the request is made.
   18(4)  A psilocybin product manufacturing facility licensee
19may hold multiple endorsements.
   20(5)  The department may deny a psilocybin product
21manufacturing facility’s request for an endorsement or revoke
22an existing endorsement if the psilocybin product manufacturing
23facility cannot or does not meet the requirements for the
24endorsement.
25   Sec. 11.  NEW SECTION.  124F.8  Psilocybin service center
26license.
  271.  The operation of a psilocybin service center is subject
28to regulation by the department. A psilocybin service center
29is not a health care facility subject to chapter 135C.
   302.  A psilocybin service center shall receive a psilocybin
31service center license issued by the department for the
32premises at which psilocybin services will be provided. To
33hold such a license under this section, a psilocybin service
34center shall do all of the following:
   35a.  Apply for a license in the manner described in this
-15-1chapter.
   2b.  Provide proof that the applicant is owned and controlled
3by a person or persons who are twenty-one years of age or
4older.
   5c.  Provide proof that the psilocybin service center is not
6located in any of the following areas:
   7(1)  An area zoned exclusively for residential use.
   8(2)  An area located within five hundred feet of the real
9property that comprises a public or private elementary school,
10middle school, or high school. If a school that has not
11previously been attended by children is established within
12five hundred feet of a premises for which a license has been
13issued, the psilocybin service center located at that premises
14may remain at that location, unless the department revokes the
15license of the psilocybin service center for cause.
   163.  The department shall adopt rules pursuant to chapter 17A
17that require all of the following:
   18a.  A psilocybin service center to annually renew a license
19issued under this chapter.
   20b.  Any psilocybin products sold or used by a psilocybin
21service center to be tested in accordance with this chapter.
   22c.  A psilocybin service center to meet any public health
23and safety standards and industry best practices established
24by department rule.
25   Sec. 12.  NEW SECTION.  124F.9  Psilocybin service facilitator
26license.
   271.  A psilocybin service facilitator is subject to
28regulation by the department.
   292.  A psilocybin service facilitator shall maintain a
30facilitator license issued by the department.
   313.  To hold a facilitator license issued under this chapter,
32a psilocybin service facilitator must do all of the following:
   33a.  Apply for a license in the manner described in this
34chapter.
   35b.  Provide proof that the applicant is twenty-one years of
-16-1age or older.
   2c.  Submit evidence of completion of the required education
3and training as approved by the department.
   4d.  Submit evidence of passing an examination approved,
5administered, or recognized by the department.
   6e.  Annually renew a license issued under this chapter.
   7f.  Meet any public health and safety standards and industry
8best practices established by department rule.
   94.  A psilocybin service facilitator shall only be an
10employee, manager, director, officer, partner, member,
11shareholder, or direct or indirect owner of one psilocybin
12service center.
   135.  A license issued to a psilocybin service facilitator
14under this chapter is not limited to any single premises.
   156.  The department shall do all of the following:
   16a.  Establish the qualifications, training, and education
17requirements for applicants for a psilocybin service
18facilitator license with an emphasis on all of the following:
   19(1)  Facilitation skills that are affirming, nonjudgmental,
20and nondirective.
   21(2)  Support skills for clients during an administration
22session, including specialized skills for client safety and for
23clients who may have a mental health condition.
   24(3)  The environment in which psilocybin services should
25occur.
   26(4)  Social and cultural considerations.
   27b.  Formulate a code of professional conduct for psilocybin
28service facilitators, including a code of ethics.
   29c.  Establish standards of practice and professional
30responsibility for persons licensed by the department to
31facilitate psilocybin services.
   32d.  Develop or select examinations for licensure as a
33psilocybin service facilitator.
   34e.  Provide for waivers of examinations as appropriate.
   35f.  Appoint representatives to conduct or supervise
-17-1examinations of applicants.
   2g.  Require background screenings of all applicants for a
3psilocybin service facilitator license.
   4h.  Approve courses that psilocybin service facilitators
5must complete. To obtain approval of a course, the provider
6of a course must submit a curriculum outline to the department
7and the department of education for review. The outline
8must include the approved courses, total number of hours of
9instruction, total number of hours of lectures in theory, and
10total number of hours of instruction in the application of
11practical skills.
   12i.  Offer an examination for psilocybin service facilitator
13applicants at least twice annually. An applicant who fails any
14section of the examination may retake the failed section of the
15examination in accordance with rules adopted by the department.
16   Sec. 13.  NEW SECTION.  124F.10  Psilocybin testing laboratory
17license.
   181.  A laboratory that conducts testing of psilocybin
19products as required by this section shall maintain a license
20to operate at the premises at which the psilocybin products are
21tested.
   222.  The department shall adopt rules pursuant to chapter 17A
23to establish all of the following:
   24a.  Qualifications for a psilocybin testing laboratory
25license, including accreditation of the applicant for licensure
26by the department.
   27b.  Processes for applying for and renewing a license.
   28c.  A procedure for an initial license and biennial renewal
29of such license. The department shall renew the license
30biennially if the psilocybin testing laboratory meets the
31requirements in this chapter.
   323.  The department may inspect premises licensed under this
33section to ensure compliance.
   344.  The department may refuse to issue or renew, or may
35suspend or revoke, a psilocybin testing laboratory license for
-18-1a violation of this chapter.
2   Sec. 14.  NEW SECTION.  124F.11  Licensee representative
3permit.
   41.  A licensee representative shall maintain a valid permit
5issued by the department under this chapter if the licensee
6representative participates in any of the following:
   7a.  Provision of psilocybin services at the premises.
   8b.  Possession, manufacturing, transportation, delivery, or
9selling of psilocybin products at the premises.
   10c.  Recording of the possession, manufacturing,
11transportation, delivery, or selling of psilocybin products at
12the premises.
   132.  By February 1, 2023, the department shall begin receiving
14applications and issuing licensee representative permits
15to qualified applicants. The department shall adopt rules
16pursuant to chapter 17A establishing all of the following:
   17a.  Qualifications for performing activities as described in
18this section.
   19b.  The duration of a permit issued under this section.
   20c.  Procedures for applying for and renewing a permit.
   21d.  The successful completion of a course, made available by
22or through the department, which provides training on all of
23the following:
   24(1)  Confirming client identification.
   25(2)  Detecting client intoxication.
   26(3)  Handling psilocybin products.
   27(4)  If applicable, the manufacturing of psilocybin
28products.
   29(5)  If applicable, the testing of psilocybin products.
   30(6)  The requirements of this chapter.
   31(7)  Any matter deemed necessary by the department to protect
32the public health, safety, and welfare.
   333.  A licensee shall verify that a person has a valid permit
34as a licensee representative issued by the department before
35allowing the person to perform any activity specified in
-19-1subsection 1 at the premises.
   24.  The department shall not require a person applying for
3a licensee representative permit to successfully complete
4a course more than once unless subsequent completion is a
5condition of rescinding a suspension of a permit issued under
6this chapter or to issue a new permit following revocation of a
7permit.
8   Sec. 15.  NEW SECTION.  124F.12  Refusal to issue a license
9or permit — grounds for revocation, suspension, or restriction
10of a license or permit.
   111.  The department may refuse to issue a license or, if
12applicable, a permit to an applicant if the department finds
13that any of the following applies to the applicant:
   14a.  The applicant is younger than twenty-one years of age.
   15b.  The applicant has not completed any of the education or
16training requirements required for issuance of the license or
17permit.
   18c.  The applicant has not passed an examination required for
19issuance of the license or permit.
   20d.  The applicant has made false or fraudulent statements or
21representations in the application.
   22e.  The applicant is incompetent or physically unable to
23manage the premises proposed to be licensed.
   24f.  The applicant has been convicted of violating a federal
25law, state law, or local ordinance if the conviction is
26substantially related to the qualifications and ability of the
27applicant to lawfully carry out activities under the license
28or permit.
   29g.  The applicant does not have a good record of compliance
30with the requirements of this chapter.
   31h.  The applicant is not the legitimate owner of the premises
32proposed to be licensed or has not disclosed that other
33persons have ownership interests in the premises proposed to
34be licensed.
   35i.  The applicant has not demonstrated financial
-20-1responsibility sufficient to adequately meet the requirements
2of the premises proposed to be licensed.
   3j.  The applicant is unable to understand the laws of this
4state relating to psilocybin products, psilocybin services, or
5the rules adopted by the department relating to such products
6and services.
   72.  The department may revoke, suspend, or restrict a
8license or, if applicable, a permit issued under this chapter
9or require a licensee or licensee representative to undergo
10training if the department finds or has reasonable grounds to
11believe that the licensee or licensee representative:
   12a.  Has violated the requirements of this chapter including
13any code of professional conduct or code of ethics.
   14b.  Has made any false or fraudulent statement or
15representation to the department in order to induce or prevent
16action by the department.
   17c.  Is insolvent or incompetent or physically unable to
18manage the premises of the licensee.
   19d.  Has misrepresented to a person or the public any
20psilocybin products sold by the licensee or licensee
21representative.
   22e.  Since the issuance of the license or, if applicable, the
23permit, has been convicted of a felony, of violating any law of
24this state relating to psilocybin products, or of any violation
25of any municipal ordinance committed on the premises.
   26f.  Any other reason that, at the discretion of the
27department, warrants revoking, suspending, or restricting the
28license or, if applicable, the permit to protect the public
29health, safety, and welfare.
30   Sec. 16.  NEW SECTION.  124F.13  Operation of a psilocybin
31product manufacturing facility.
   321.  A licensed psilocybin product manufacturing facility
33shall not manufacture psilocybin products outdoors.
   342.  The department shall adopt rules pursuant to chapter 17A
35restricting the quantities of psilocybin products manufactured
-21-1at a premises. In determining the restrictions, the department
2shall take into consideration the demand for psilocybin
3services in the state, the number of psilocybin product
4manufacturing facilities applying for licenses, the number of
5licensed psilocybin product manufacturing facilities in the
6state, and whether the availability of psilocybin products
7in the state is commensurate with the demand for psilocybin
8services.
   93.  A psilocybin product shall not be sold or offered for
10sale within this state unless the psilocybin product complies
11with the minimum standards adopted by the department by rule.
12The department may prohibit the sale of a psilocybin product
13by a psilocybin product manufacturing facility or psilocybin
14service center for a reasonable period of time for the purpose
15of determining whether the psilocybin product complies with the
16minimum standards.
   174.  As necessary to protect the public health, safety, and
18welfare, the department shall require a licensed psilocybin
19product manufacturing facility to test psilocybin products
20before selling or transferring the psilocybin products.
   215.  The department may conduct random testing of psilocybin
22products for the purpose of determining whether a licensed
23psilocybin product manufacturing facility is in compliance with
24this chapter.
   256.  The department shall not require a psilocybin product
26to undergo the same test more than once, unless the psilocybin
27product is processed into a different type of psilocybin
28product or fundamentally altered.
   297.  The testing of psilocybin products shall be conducted by
30a licensed psilocybin testing laboratory.
   318.  In requiring testing, the department shall consider the
32cost of a potential testing procedure and how that cost will
33affect the overall cost of psilocybin products to the client.
   349.  The department shall not adopt rules under this section
35that are more restrictive than are reasonably necessary to
-22-1protect the public health, safety, and welfare.
2   Sec. 17.  NEW SECTION.  124F.14  Labeling and packaging of
3psilocybin products.
   41.  a.  The department may adopt rules pursuant to chapter
517A to require a licensee to submit a label intended for use
6on a psilocybin product for preapproval by the department
7before the licensee may sell or transfer a psilocybin product
8bearing the label. The rules shall also establish standards
9for the labeling of psilocybin products, including all of the
10following:
   11(1)  Ensuring that psilocybin products have labeling that
12communicates all of the following to the consumer:
   13(a)  Health and safety warnings.
   14(b)  If applicable, the activation time of the psilocybin
15product.
   16(c)  The potency of the psilocybin product.
   17(d)  If applicable, the dosage of the psilocybin product and
18the number of doses included in the psilocybin product package.
   19(e)  The content of the psilocybin product.
   20(2)  Labeling that is in accordance with applicable state
21food labeling requirements for the same type of food product
22or potable liquid when the food product or potable liquid does
23not contain psilocybin.
   24(3)  Requiring that all psilocybin products sold or
25transferred by a licensed psilocybin product manufacturing
26facility are labeled in accordance with this section.
   27(4)  Establishing different labeling standards for different
28varieties and types of psilocybin products.
   29b.  In establishing labeling requirements, the department
30shall consider the cost of a potential labeling requirement
31and how that cost will affect the overall cost of psilocybin
32products to the client.
   332.  The department may adopt rules pursuant to chapter
3417A to require a licensee to submit packaging intended for a
35psilocybin product for preapproval by the department before
-23-1the licensee may sell or transfer a psilocybin product in the
2packaging. As necessary to protect the public health, safety,
3and welfare, the rules shall also establish standards for the
4packaging of psilocybin products that ensure that psilocybin
5products are not marketed in a manner that is untruthful or
6misleading or otherwise creates a significant risk of harm
7to the public health, safety, and welfare. In adopting the
8packaging standards, the department:
   9a.  May establish different packaging standards for different
10varieties and types of psilocybin products.
   11b.  May consider the effect on the environment of requiring
12certain packaging of psilocybin products.
   13c.  Shall consider the cost of a potential requirement
14and how that cost will affect the overall cost of psilocybin
15products to the client.
   16d.  Shall not adopt rules that are more restrictive than are
17reasonably necessary to protect the public health, safety, and
18welfare.
   193.  A licensee shall not use or allow the use of a mark
20or label on the package of a psilocybin product that is held
21for sale if the mark or label does not precisely and clearly
22indicate the nature of the package’s contents or if the mark
23or label in any way might deceive a person about the nature,
24composition, quantity, age, or quality of the package’s
25contents.
   264.  The department may prohibit a licensee from selling
27a psilocybin product that in the department’s judgment is
28deceptively labeled or contains injurious or adulterated
29ingredients.
   305.  The department shall adopt rules pursuant to chapter 17A
31establishing the maximum concentration of psilocybin that is
32allowed in a single dose of a psilocybin product and the number
33of doses that are allowed in a psilocybin product package.
34The department shall require all psilocybin products sold or
35transferred by a psilocybin product manufacturing facility or
-24-1psilocybin service center to meet the concentration, packaging,
2and labeling standards adopted by the department.
3   Sec. 18.  NEW SECTION.  124F.15  Operating a psilocybin
4testing laboratory.
   51.  The department shall adopt rules pursuant to chapter 17A
6for psilocybin testing laboratories that include all of the
7following:
   8a.  Security standards.
   9b.  Minimum standards for licensee representatives.
   10c.  Sample collection method and process standards.
   11d.  Proficiency testing for psilocybin products for potency
12and contaminants unsafe for human consumption, as determined by
13rule of the department.
   14e.  Reporting content, format, and frequency.
   15f.  Audits and onsite inspections.
   16g.  Quality assurance.
   17h.  Equipment and methodology.
   18i.  Chain of custody.
   19j.  Any other standard the department deems necessary to
20protect the public health, safety, and welfare.
   212.  The department shall establish standards for testing
22psilocybin products and identify appropriate tests for
23psilocybin products, depending on the type of psilocybin
24product and the manner in which the psilocybin product was
25manufactured, that are necessary to protect the public health,
26safety, and welfare. The standards may include testing for all
27of the following:
   28a.  Microbiological contaminants.
   29b.  Pesticides.
   30c.  Other contaminants.
   31d.  Solvents or residual solvents.
   32e.  Psilocybin concentration.
   333.  The department shall also establish procedures for
34determining batch sizes and for sampling psilocybin products,
35including different minimum procedures and standards for
-25-1different varieties of psilocybin products.
   24.  In addition to the testing standards, the department may
3require psilocybin products to be tested in accordance with any
4applicable law or department rule related to the production and
5processing of food products, potable liquids, or commodities.
   65.  A psilocybin testing laboratory may acquire psilocybin
7products only from a psilocybin product manufacturing
8facility or a psilocybin service center. A psilocybin testing
9laboratory shall not sell, distribute, or transfer psilocybin
10products received from a psilocybin product manufacturing
11facility or psilocybin service center, except that a psilocybin
12testing laboratory may transfer a sample of a psilocybin
13product to another psilocybin testing laboratory in this state.
   146.  A psilocybin testing laboratory shall properly dispose
15of all samples it receives, unless transferred to another
16psilocybin testing laboratory in this state, after all
17necessary tests have been conducted and any required storage
18period has elapsed, as established by department rule.
   197.  A psilocybin testing laboratory shall use the computer
20software tracking system designated by the department under
21this chapter.
22   Sec. 19.  NEW SECTION.  124F.16  Operating a psilocybin
23service center.
   241.  The department shall adopt rules pursuant to chapter 17A
25establishing the requirements, specifications, and guidelines
26for the operation of a psilocybin service center including all
27of the following:
   28a.  Having a client complete, sign, and deliver a client
29information form to a psilocybin service center and a
30psilocybin service facilitator.
   31b.  Providing preparation sessions to a client.
   32c.  Holding and verifying the completion of a preparation
33session.
   34d.  Providing administration sessions to a client.
   35e.  Holding and verifying the completion of an administration
-26-1session.
   2f.  Providing integration sessions to a client.
   3g.  Holding and verifying the completion of an integration
4session.
   52.  a.  Before a client participates in a preparation
6session, the client shall complete and sign a client
7information form, in a form and manner prescribed by the
8department by rule.
   9b.  A copy of the completed and signed client information
10form shall be delivered to both the psilocybin service
11center at which the preparation session will be held and the
12psilocybin service facilitator who will conduct the preparation
13session.
   14c.  The client information form shall provide for all of the
15following:
   16(1)  Solicit from the client such information as may
17be necessary to enable a psilocybin service center and a
18psilocybin service facilitator to determine whether the
19client should participate in an administration session,
20including information that may identify risk factors and
21contraindications, and if applicable, assist the psilocybin
22service center and the psilocybin service facilitator in
23meeting any public health and safety standards and industry
24best practices during the administration session.
   25(2)  Health and safety warnings and other disclosures as
26prescribed by the department by rule.
   27d.  (1)  If a client information form is offered as evidence
28in any administrative or criminal proceeding involving a
29licensee or licensee representative for the sale or service
30of a psilocybin product to a client, the licensee or licensee
31representative shall not be guilty of any offense prohibiting a
32person from selling or serving a psilocybin product to a client
33unless it is demonstrated that a reasonable person would have
34determined that the responses provided by the client on the
35client information form were incorrect or altered.
-27-
   1(2)  A licensee or licensee representative shall be
2entitled to rely upon all statements, declarations, and
3representations made by a client in a client information form
4unless it is demonstrated that a reasonable person would have
5determined that one or more of the statements, declarations, or
6representations made by the client in the client information
7form were incorrect or altered, or unless the licensee or
8licensee representative violated any provision relating to the
9client information form.
   103.  Except as otherwise provided by law, a licensee or
11licensee representative is not liable by virtue of any untrue
12statements, declarations, or representations relied upon in
13good faith by the licensee or licensee representative.
   144.  a.  Before a client participates in an administration
15session, the client shall attend a preparation session with a
16psilocybin service facilitator.
   17b.  A preparation session shall be held at a psilocybin
18service center. However, the department may adopt rules to
19allow preparation sessions to be conducted using telehealth.
   20c.  If a preparation session is completed in accordance with
21all applicable requirements, specifications, and guidelines,
22as determined by the department, the psilocybin service
23facilitator shall certify, in a form and manner prescribed
24by the department, that the client completed the preparation
25session.
   265.  a.  After a client completes and signs a client
27information form and completes a preparation session, the
28client may participate in an administration session, which
29shall be held at a psilocybin service center. However, the
30department may adopt rules to allow administration sessions to
31be conducted using telehealth.
   32b.  If an administration session is completed in accordance
33with all applicable requirements, specifications, and
34guidelines, as determined by the department, the psilocybin
35service facilitator shall certify, in a form and manner
-28-1prescribed by the department, that the client completed the
2administration session.
   36.  A psilocybin service facilitator shall not consume a
4psilocybin product during an administration session that the
5psilocybin service facilitator is supervising.
   67.  a.  After a client completes an administration session,
7the psilocybin service facilitator who supervised the
8administration session shall offer the client an opportunity
9to participate in an integration session. The client is not
10obligated to participate in an integration session.
   11b.  An integration session shall be held at a psilocybin
12service center. However, the department may adopt rules to
13allow integration sessions to be conducted using telehealth.
   14c.  If an integration session is completed in accordance with
15all applicable requirements, specifications, and guidelines,
16as determined by the department, the psilocybin service
17facilitator shall certify, in a form and manner prescribed
18by the department, that the client completed the integration
19session.
   208.  A licensee or licensee representative may refuse to
21provide psilocybin services or cease providing psilocybin
22services to a client at the licensee’s or licensee
23representative’s discretion. However, a psilocybin service
24center or a psilocybin service facilitator shall not
25cease providing psilocybin services to a client during
26an administration session after the client has consumed a
27psilocybin product, except in the case of an emergency or as
28provided for by the department by rule.
   299.  A licensee representative or a psilocybin service
30facilitator shall not disclose any information that may be used
31to identify a client or any communication made by a client
32during the course of providing psilocybin services or selling
33psilocybin products to the client, unless any of the following
34applies:
   35a.  The client, or the client’s legal guardian or
-29-1representative, provides consent to the disclosure.
   2b.  The client initiates legal action or makes a complaint
3against the psilocybin service center, the psilocybin service
4facilitator, or a licensee representative.
   5c.  The communication reveals the intent to commit a crime
6resulting in harm to the client or others.
   7d.  The communication reveals that a minor may have been a
8victim of a crime or physical, sexual, or emotional abuse or
9neglect.
   10e.  In response to an inquiry by the department made during
11the course of an investigation into the conduct of a psilocybin
12service center, a psilocybin service facilitator, or a licensee
13representative.
14   Sec. 20.  NEW SECTION.  124F.17  Inspection of records and
15premises — notice.
   161.  The department may request a review of the records of a
17licensee for the purpose of determining compliance with this
18chapter. The department shall provide a licensee with notice
19forty-eight hours prior to inspecting the licensee’s records.
20The department shall not require the records of a licensee to
21be maintained on the licensee’s premises.
   222.  The department may at any time inspect the premises of a
23licensee for compliance with this chapter.
24   Sec. 21.  NEW SECTION.  124F.18  Prohibitions.
   251.  A person shall not make false representations or
26statements to the department in order to induce or prevent
27action by the department.
   282.  A licensee shall not maintain a noisy, lewd, disorderly,
29or unsanitary premises or supply adulterated or otherwise
30harmful psilocybin products.
   313.  A licensee shall not misrepresent to a person or to the
32public any psilocybin products.
33   Sec. 22.  NEW SECTION.  124F.19  General liability insurance.
   34As necessary to protect the public health, safety, and
35welfare, the department may require a licensee to maintain
-30-1general liability insurance coverage in an amount that the
2department determines is reasonably affordable and available
3for the purpose of protecting the licensee against damages
4resulting from a cause of action related to activities carried
5out in accordance with the particular license held by the
6licensee.
7   Sec. 23.  NEW SECTION.  124F.20  Investigation and enforcement
8— disciplinary action.
   91.  The department may proceed with any investigation of,
10or any action or disciplinary proceeding against, a licensee
11or licensee representative or revise or render void an order
12suspending or revoking a license or permit. In cases involving
13the proposed denial of a license or permit, the applicant for
14licensure or permitting shall not withdraw the application.
   152.  In addition to any other disciplinary action that may be
16available to the department, the department shall immediately
17restrict, suspend, or refuse to renew a license or permit
18issued under this chapter if circumstances create probable
19cause for the department to determine that a licensee or
20licensee representative has purchased or received a psilocybin
21product from an unlicensed source or that a licensee or
22licensee representative has stored, manufactured, transported,
23delivered, sold, or transferred a psilocybin product in a
24manner that is prohibited by the license or permit.
25   Sec. 24.  NEW SECTION.  124F.21  Enforceability of contracts.
   26A contract is not unenforceable on the basis that
27possessing, manufacturing, transporting, delivering,
28distributing, dispensing, selling, or using psilocybin products
29is prohibited by federal law.
30   Sec. 25.  NEW SECTION.  124F.22  Protections for licensee
31representatives.
   32It is an unlawful employment practice for a licensee to
33discharge, demote, suspend, or in any manner discriminate
34or retaliate against a licensee representative with regard
35to promotion, compensation, or other terms, conditions,
-31-1or privileges of employment on the basis that the licensee
2representative has in good faith reported information to
3the department that the licensee representative believes is
4evidence of a violation of this chapter.
5   Sec. 26.  NEW SECTION.  124F.23  Rights of deceased,
6insolvent, or bankrupt persons or licensees.
   7The department may, by rule or order, provide for the
8manner and conditions under which psilocybin products left
9by a deceased, insolvent, or bankrupt person or licensee
10are subject to a security interest, may be foreclosed, sold
11under execution, or otherwise disposed of. The business
12of a deceased, insolvent, or bankrupt person or licensee
13may be operated for a reasonable period after the death,
14insolvency, or bankruptcy. An obligor may continue to operate
15at a premises for a reasonable period after default on the
16indebtedness by the debtor.
17   Sec. 27.  NEW SECTION.  124F.24  Tracking system for
18psilocybin products.
   191.  The department shall develop and maintain a computer
20software tracking system to track the transfer of psilocybin
21products between premises.
   222.  The purposes of the computer software tracking system
23include all of the following:
   24a.  Preventing the diversion of psilocybin products to other
25states.
   26b.  Preventing persons from substituting or tampering with
27psilocybin products.
   28c.  Ensuring an accurate accounting of the production,
29processing, and sale of psilocybin products.
   30d.  Ensuring that test results from a psilocybin testing
31laboratory are accurately reported.
   32e.  Ensuring compliance with this chapter and any other
33law of this state that authorizes the department to regulate
34psilocybin.
   353.  At a minimum, the tracking system shall be capable of
-32-1tracking all of the following:
   2a.  The manufacturing of psilocybin products.
   3b.  The sale of psilocybin products by a psilocybin service
4center to a client.
   5c.  The sale and purchase of psilocybin products between
6licensees.
   7d.  The transfer of psilocybin products between premises.
   8e.  Any other information that the department determines
9is reasonably necessary to accomplish the department’s duties
10under this chapter.
11   Sec. 28.  NEW SECTION.  124F.25  Sale or delivery of
12psilocybin products — penalties.
   131.  A licensee or licensee representative shall not sell
14or deliver a psilocybin product to a person younger than
15twenty-one years of age in this state.
   162.  Prior to selling or delivering a psilocybin product to
17a person in this state, a licensee or licensee representative
18shall require the person to produce one of the following forms
19of identification:
   20a.  A valid driver’s license issued by this state or another
21state.
   22b.  A valid United States passport.
   23c.  A valid military identification card.
   24d.  A valid identification card issued by a federally
25recognized Indian tribe.
   26e.  Any other valid identification card issued by a state or
27territory of the United States that bears a picture, name, date
28of birth, and physical description of the person.
   293.  A person shall not produce a form of identification that
30misrepresents the person or the person’s age.
   314.  A person who violates this section commits a simple
32misdemeanor.
   335.  If a form of identification is offered as evidence in
34any administrative or criminal proceeding involving a licensee
35or licensee representative for the sale or delivery of a
-33-1psilocybin product to a person younger than twenty-one years
2of age, the licensee or licensee representative shall not be
3guilty of any offense prohibiting the sale or delivery of a
4psilocybin product to a person younger than twenty-one years of
5age unless it is demonstrated that a reasonable person would
6have determined that the form of identification exhibited by
7the person younger than twenty-one years of age was altered or
8that the form of identification exhibited by the person younger
9than twenty-one years of age did not accurately describe the
10person to whom the psilocybin product was sold or delivered.
11   Sec. 29.  NEW SECTION.  124F.26  Tax on the sale of psilocybin
12products.
   131.  An additional tax shall not be imposed upon the sale
14of psilocybin products which exceeds the sales tax rate.
15The sales tax shall be collected by a psilocybin product
16manufacturing facility at the point of sale of a psilocybin
17product or by a psilocybin service center when a psilocybin
18product is sold.
   192.  A psilocybin service center shall not discount a
20psilocybin product or offer a psilocybin product at no cost if
21the sale of the psilocybin product is made in conjunction with
22the sale of any other item or service.
23   Sec. 30.  NEW SECTION.  124F.27  Delivery of psilocybin
24products.
   251.  A psilocybin product manufacturing facility that is
26licensed under this chapter may deliver psilocybin products
27only to or on a premises.
   282.  A psilocybin service center and a psilocybin service
29facilitator that is licensed under this chapter may do any of
30the following:
   31a.  Deliver psilocybin products only to or on a premises.
   32b.  Receive psilocybin products only from a psilocybin
33product manufacturing facility or a psilocybin service center.
   343.  The sale of psilocybin products to a client by a
35psilocybin service center or a psilocybin service facilitator
-34-1shall be restricted to the premises.
   24.  Notwithstanding subsection 2, the department may
3adopt rules to allow for delivery of psilocybin products to a
4client’s residence.
5   Sec. 31.  NEW SECTION.  124F.28  Persons younger than
6twenty-one years of age on premises.
   71.  Except as authorized by the department by rule, or as
8necessary in the case of an emergency, a person younger than
9twenty-one years of age shall not enter or attempt to enter any
10portion of the premises of a psilocybin product manufacturing
11facility or psilocybin service center. A person who violates
12this section commits an aggravated misdemeanor.
   132.  Subsection 1 does not apply to a person younger than
14twenty-one years of age who is any of the following:
   15a.  Temporarily at the premises to make a service,
16maintenance, or repair call or for other purposes independent
17of the operations of the premises.
   18b.  Acting under the direction of the department or state or
19local law enforcement agencies for the purpose of investigating
20possible violations of laws prohibiting sales of psilocybin
21products to persons younger than twenty-one years of age.
   22c.  Acting under the direction of a licensee for the purpose
23of investigating possible violations of laws prohibiting sales
24of psilocybin products to persons younger than twenty-one years
25of age by licensee representatives.
   263.  a.  A person younger than twenty-one years of age is not
27in violation of, and is immune from prosecution under, this
28section if the person meets any of the following criteria:
   29(1)  The person contacted emergency medical services or a law
30enforcement agency in order to obtain medical assistance for
31another person who was in need of medical assistance because
32that person consumed a psilocybin product.
   33(2)  The person was in need of medical assistance because
34the person consumed a psilocybin product and the evidence of
35the violation was obtained as a result of the person seeking or
-35-1obtaining such medical assistance.
   2b.  Paragraph “a” shall not exclude the use of evidence
3obtained as a result of a person seeking or obtaining medical
4assistance in proceedings for crimes or offenses other than a
5violation of this section.
6   Sec. 32.  NEW SECTION.  124F.29  Investigations, arrests,
7prosecutions, and convictions for offenses involving psilocybin
8— duty to notify.
   91.  The department of public safety shall make the
10investigation and arrest of persons eighteen years of age
11or older engaged in noncommercial planting, cultivating,
12purchasing, transporting, distributing, engaging in practices
13with, or possessing entheogenic plants and fungi one of its
14lowest enforcement priorities.
   152.  The attorney general shall cease prosecution of
16residents of the state for noncommercial planting, cultivating,
17purchasing, transporting, distributing, engaging in practices
18with, or possessing entheogenic plants and fungi.
   193.  A law enforcement officer may enforce this section and
20assist the department in detecting violations of this section
21and apprehending offenders. A law enforcement officer who has
22notice, knowledge, or reasonable suspicion of a violation of
23this section shall immediately notify the department.
   244.  The district courts, district attorneys, and municipal
25authorities shall, immediately upon the conviction of a
26licensee or licensee representative for a violation of this
27section or any other law, notify the department of such
28conviction.
29   Sec. 33.  NEW SECTION.  124F.30  Immunity.
   30An agent or employee of the department shall not incur civil
31liability and is considered an employee of the state for the
32purposes of chapter 669 in performing any duty in accordance
33with this chapter or any other law requiring the department to
34perform any duty related to psilocybin products.
35   Sec. 34.  NEW SECTION.  124F.31  Preemption.
-36-
   1The provisions of this chapter are intended to operate
2uniformly throughout the state and shall expressly preempt the
3regulation of psilocybin products and services in the state and
4supersede any municipal or county ordinance on the subject.
5   Sec. 35.  NEW SECTION.  124F.32  Application of chapter —
6severability.
   71.  This chapter shall not be construed to do any of the
8following:
   9a.  Require a federal or state government medical assistance
10program or private health insurer to reimburse a person for
11costs associated with the use of psilocybin products.
   12b.  Amend or affect state or federal law pertaining to
13employment matters.
   14c.  Amend or affect state or federal law pertaining to
15landlord-tenant matters.
   16d.  Prohibit a recipient of a federal grant or an applicant
17for a federal grant from prohibiting the possession,
18manufacturing, transportation, delivery, sale, or use of
19psilocybin products to the extent necessary to satisfy federal
20requirements for the grant.
   21e.  Prohibit a party to a federal contract or a person
22applying to be a party to a federal contract from prohibiting
23the possession, manufacturing, transportation, delivery, sale,
24or use of psilocybin products to the extent necessary to comply
25with the terms and conditions of the contract or to satisfy
26federal requirements for the contract.
   27f.  Require a person to violate a federal law.
   282.  If any provision of this chapter or its application to
29any person or circumstance is held invalid, the invalidity does
30not affect other provisions or applications of the chapter
31which can be given effect without the invalid provision or
32application, and to this end the provisions of this chapter are
33severable.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-37-1the explanation’s substance by the members of the general assembly.
   2This bill relates to psilocybin, including the creation
3of the psilocybin services Act, to, in part, provide for
4administration of psilocybin products to individuals 21 years
5of age and older in the state. Psilocybin is defined as a
6hallucinogenic compound obtained from P.cubensis mushrooms.
   7The bill provides definitions used in the bill and the
8purposes of the bill. The bill provides for a one-year program
9development period beginning January 1, 2022, and ending not
10later than December 31, 2022; requires the department of public
11health (DPH) to prescribe forms and adopt rules necessary for
12the administration of the Code chapter no later than January
131, 2023; and requires DPH to begin receiving applications for
14licensure of the various entities involved under the bill by
15February 1, 2023.
   16The bill establishes the duties of DPH including licensing
17the entities required to be licensed to perform the various
18activities under the Code chapter; determination of the
19qualifications, education, training, and examination
20requirements of these entities; labeling and packaging
21requirements for psilocybin products; penalties; and
22enforcement. The bill also creates a psilocybin advisory board
23tasked with making recommendations to DPH and providing general
24oversight of the provisions of the bill.
   25The bill includes application and licensing provisions for
26psilocybin product manufacturing facilities, psilocybin service
27centers, psilocybin service facilitators, and psilocybin
28testing laboratories; provisions for the permitting of licensee
29representatives; and provisions relating to the operation of
30the various entities. A licensee or licensee representative
31who sells or delivers a psilocybin product to a person under
3221 years of age is guilty of a simple misdemeanor. A simple
33misdemeanor is punishable by confinement for no more than 30
34days and a fine of at least $105 but not more than $855.
   35The bill also provides for application of the Code chapter
-38-1and a severability provision.
   2The bill also exempts psilocybin from the application of
3Code chapter 124 (controlled substances) when manufactured,
4planted, cultivated, grown, harvested, produced, prepared,
5propagated, compounded, converted, processed, handled,
6transported, delivered, marketed, distributed, possessed,
7administered, consumed, tested, or otherwise used in accordance
8and compliance with the bill.
-39-
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