Chapter 475A — Chapter 475A
165 sections in this chapter.
ORS 475A.005 [1989 c.791 §2; 1991 c.291 §1; 1993 c.508 §44; 1995 c.79 §388; 1997 c.631 §565; 2001 c.104 §215; 2001 c.780 §§1,1a; 2003 c.14 §308; 2005 c.625 §§74,75; 2007 c.71 §154; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.010 [1989 c.791 §1; 1999 c.59 §145; 2001 c.780 §§2,2a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.015 [1989 c.791 §12; 1999 c.59 §146; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.020 [1989 c.791 §3; 2001 c.780 §§3,3a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.025 [1993 c.699 §20; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.030 [1993 c.699 §22; 2001 c.780 §§4,4a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.035 [1989 c.791 §4; 1991 c.218 §1; 1991 c.237 §1; 1991 c.934 §2; 1999 c.59 §147; 2001 c.780 §§5,5a; 2005 c.830 §31; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.040 [1991 c.218 §5; 2001 c.780 §§20,20a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.045 [1989 c.791 §5; 1991 c.237 §2; 1991 c.276 §1; 1991 c.800 §1; 1995 c.459 §1; 1999 c.59 §148; 2001 c.780 §§6,6a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.050 [1989 c.791 §19; 2001 c.780 §§21,21a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.055 [1989 c.791 §6; 1991 c.218 §2; 1991 c.799 §1; 1991 c.934 §1; 1993 c.553 §1; 1993 c.699 §10; 2001 c.780 §§7,7a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.060 [1991 c.934 §4; 2001 c.780 §§22,22a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.065 [1991 c.934 §5; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.070 [1991 c.934 §6; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.075 [1989 c.791 §7; 1991 c.218 §3; 1991 c.238 §1; 1991 c.275 §1; 1991 c.799 §2; 1991 c.828 §1; 1993 c.699 §18; 1995 c.459 §2; 1999 c.59 §149; 1999 c.168 §11; 2001 c.780 §§8,8a; 2005 c.830 §34; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.080 [1989 c.791 §13; 2001 c.780 §§9,9a; 2005 c.830 §30; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.085 [1989 c.791 §8; 1991 c.322 §1; 1993 c.699 §21; 2001 c.780 §§10,10a; 2003 c.14 §§309,310; 2005 c.830 §32; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.090 [1993 c.699 §13; repealed by 2001 c.780 §32]
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[Repealed or reserved.]
ORS 475A.091 [2001 c.780 §35; 2003 c.576 §254; 2005 c.830 §41; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.095 [1993 c.699 §14; repealed by 2001 c.780 §32]
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[Repealed or reserved.]
ORS 475A.096 [2001 c.780 §36; 2005 c.830 §42; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.100 [1993 c.699 §15; 2001 c.780 §§11,11a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.105 [1993 c.699 §16; repealed by 2001 c.780 §32]
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[Repealed or reserved.]
ORS 475A.110 [1989 c.791 §9; 1991 c.275 §2; 1991 c.290 §1; 1991 c.322 §2; 1991 c.800 §2; 1993 c.553 §2; 1999 c.59 §150; 2001 c.780 §§12,12a; 2003 c.14 §§311,312; 2003 c.576 §§464,465; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.111 [2001 c.780 §37; 2003 c.576 §255; 2005 c.22 §352; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.115 [1989 c.791 §12a; 1999 c.59 §151; 2001 c.780 §§13,13a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.120 [1989 c.791 §10; 1991 c.276 §2; 1991 c.290 §2; 1991 c.934 §7; 1993 c.552 §1; 1993 c.553 §3; 1993 c.699 §6; 1995 c.79 §389; 1997 c.592 §1; 2001 c.780 §§14,14a; 2005 c.830 §§35,36; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.125 [1989 c.791 §11b; 1991 c.276 §3; 1991 c.290 §3; 1993 c.699 §7; 1995 c.79 §390; 1997 c.592 §2; 1999 c.59 §152; repealed by 2001 c.780 §32]
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[Repealed or reserved.]
ORS 475A.126 [2001 c.780 §38; 2005 c.830 §§37,38; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.130 [1989 c.791 §11c; 1993 c.699 §9; 1999 c.59 §153; 2001 c.780 §15; 2001 c.834 §§5a,9a; 2005 c.830 §39; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.135 [1989 c.791 §20; 1999 c.59 §154; repealed by 2001 c.780 §32]
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[Repealed or reserved.]
ORS 475A.155 [1989 c.791 §14; 1991 c.290 §4; 1993 c.699 §4; 1997 c.592 §3; 1999 c.59 §155; 2001 c.666 §§20,21; 2005 c.830 §39a; repealed by 2009 c.78 §64]
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[Repealed or reserved.]
ORS 475A.160 [1997 c.592 §4; 1999 c.864 §1; 2001 c.780 §§16,16a; 2005 c.830 §40; repealed by 2009 c.78 §64]
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Note: Unless otherwise noted, the division headings, subdivision headings and leadlines for ORS 475A.200 to 475A.722 were enacted as part of Ballot Measure 109 (2020) (chapter 1, Oregon Laws 2021) and were not provided by Legislative Counsel. USE OF PSILOCYBIN (Generally)
ORS 475A.200 Legislative findings. The People of the State of Oregon find that
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(1) Oregon has one of the highest prevalences of mental illness among adults in the nation; (2) An estimated one in every five adults in Oregon is coping with a mental health condition; (3) The Governor has declared addiction as a public health crisis in this state; (4) The 2019-…
ORS 475A.205 Purposes of ORS 475A.200 to 475A.722. (1) The People of the State of Oregon declare that the purposes of chapter 1, Oregon Laws 2021, are
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(a) To educate the people of this state about the safety and efficacy of psilocybin in treating mental health conditions; (b) To reduce the prevalence of mental illness among adults in this state, and to improve the physical, mental, and social well-being of all people in this st…
ORS 475A.210 Short title. ORS 475A.210 to 475A.722 shall be known and may be cited as the Oregon Psilocybin Services Act. [2021 c.1 §3]
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[Repealed or reserved.]
ORS 475A.215 Construction of ORS 475A.210 to 475A.722. ORS 475A.210 to 475A.722 may not be construed
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(1) To require a government medical assistance program or private health insurer to reimburse a person for costs associated with the use of psilocybin products; (2) To amend or affect state or federal law pertaining to employment matters; (3) To amend or affect state or federal l…
ORS 475A.220 Definitions for ORS 475A.210 to 475A.722. As used in ORS 475A.210 to 475A.722
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(1) “Administration session” means a session at which a client consumes and experiences the effects of a psilocybin product under the supervision of a psilocybin service facilitator. (2) “Client” means an individual that is provided psilocybin services in this state. (3) “Integra…
ORS 475A.225 Members of Oregon Psilocybin Advisory Board; terms; meetings; compensation; rules. (1) The Oregon Psilocybin Advisory Board is established within the Oregon Health Authority for the purpose of advising and making recommendations to the authority. The board shall consist of nine members appointed by the Governor as follows
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(a) A psilocybin service center operator who holds a license issued under ORS 475A.305; (b) A psilocybin service facilitator who holds a license issued under ORS 475A.325; (c) An individual who is a member of, or who represents, a federally recognized Indian tribe in this state; …
ORS 475A.230 Duties of Oregon Psilocybin Advisory Board. The Oregon Psilocybin Advisory Board shall
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(1) Provide advice to the Oregon Health Authority with respect to the administration of ORS 475A.210 to 475A.722; (2) Make recommendations to the authority on available medical, psychological, and scientific studies, research, and other information relating to the safety and effi…
ORS 475A.235 General powers and duties; rules. (1) The Oregon Health Authority has the duties, functions and powers specified in ORS 475A.210 to 475A.722 and the powers necessary or proper to enable the authority to carry out the authority’s duties, functions and powers under ORS 475A.210 to 475A.722. The jurisdiction, supervision, duties, functions and powers of the authority extend to any person that produces, processes, transports, delivers, sells or purchases a psilocybin product in this state or that provides a psilocybin service in this state. The authority may sue and be sued
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(2) The duties, functions and powers of the authority specified in ORS 475A.210 to 475A.722 include the following: (a) To examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safet…
ORS 475A.240 Authority to purchase, possess, seize, transfer to licensee or dispose of psilocybin products. Subject to any applicable provision of ORS chapter 183, the Oregon Health Authority may purchase, possess, seize, transfer to a licensee or dispose of psilocybin products as is necessary for the authority to ensure compliance with and enforce the provisions of ORS 475A.210 to 475A.722 and any rule adopted under ORS 475A.210 to 475A.722. [2021 c.1 §9]
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[Repealed or reserved.]
ORS 475A.243 Powers related to decedents and insolvent or bankrupt persons. The Oregon Health Authority may, by rule or order, provide for the manner and conditions under which
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(1) Psilocybin products left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed. (2) The business of a deceased, insolvent or bankrupt licensee may be operated for a reasonable …
ORS 475A.245 Application process for all licensees; rules. (1) Except as provided in subsection (2) of this section, an applicant for a license or renewal of a license issued under ORS 475A.210 to 475A.722 shall apply to the Oregon Health Authority in the form required by the authority by rule, showing the name and address of the applicant, location of the premises that is to be operated under the license and other pertinent information required by the authority. The authority may not issue or renew a license until the applicant has complied with the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722
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(2) The authority may reject any application that is not submitted in the form required by the authority by rule. The authority shall give applicants an opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for c…
ORS 475A.250 Grounds for refusing to issue license or issuing restricted license. (1) The Oregon Health Authority may not license an applicant under the provisions of ORS 475A.210 to 475A.722 if the applicant is under 21 years of age
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(2) The authority may refuse to issue a license or may issue a restricted license to an applicant under the provisions of ORS 475A.210 to 475A.722 if the authority makes a finding that the applicant: (a) Has not completed the education or training required by the provisions of OR…
ORS 475A.255 Authority to require fingerprints of applicants and other individuals. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475A.245. The powers conferred on the authority under this section include the power to require the fingerprints of
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(1) If the applicant is a limited partnership, each general partner of the limited partnership; (2) If the applicant is a manager-managed limited liability company, each manager of the limited liability company; (3) If the applicant is a member-managed limited liability company, …
ORS 475A.260 Properties of license. A license issued under ORS 475A.210 to 475A.722
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(1) Is a personal privilege. (2) Is renewable in the manner provided in ORS 475A.245, except for a cause that would be grounds for refusal to issue the license under ORS 475A.250. (3) Is revocable or suspendible as provided in ORS 475A.477. (4) Except for a license issued to a ps…
ORS 475A.265 Duties of Oregon Health Authority with respect to issuing licenses. (1) The Oregon Health Authority shall approve or deny an application to be licensed under ORS 475A.210 to 475A.722. Upon receiving an application under ORS 475A.245, the authority may not unreasonably delay processing, approving or denying the application or, if the application is approved, issuing the license
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(2) The licenses described in ORS 475A.210 to 475A.722 must be issued by the authority, subject to the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722. (3) The authority may not license a premises that does not have defined boundaries. A pr…
ORS 475A.270 Duty to request land use compatibility statement. (1) Prior to receiving a license under ORS 475A.290 or 475A.305, an applicant shall request a land use compatibility statement from the city or county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. The Oregon Health Authority may not issue a license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable zone
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(2) Except as provided in subsection (3) of this section, a city or county that receives a request for a land use compatibility statement under this section must act on that request within 21 days of: (a) Receipt of the request, if the land use is allowable as an outright permitt…
ORS 475A.275 Lawful manufacture, delivery and possession of psilocybin products. Licensees and licensee representatives may manufacture, deliver and possess psilocybin products subject to the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722. The manufacture, delivery or possession of psilocybin products by a licensee or a licensee representative in compliance with ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722 does not constitute a criminal or civil offense under the laws of this state. [2021 c.1 §20]
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Note: As originally enacted by the people, the leadline to ORS 475A.275 read “Lawful manufacture, delivery, and possession of psilocybin products.” The leadline was changed by editorial action.