Chapter 475A — Chapter 475A

ORS 475A.280 Restriction on financial interests in multiple licensees. An individual may not have a financial interest in

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ORS 475A.285 Authority to hold multiple licenses. Subject to ORS 475A.280

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ORS 475A.290 Manufacturer license; fees; rules. (1) The manufacture of psilocybin products is subject to regulation by the Oregon Health Authority

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ORS 475A.295 Psilocybin product manufacturers; endorsements; rules. (1) The Oregon Health Authority shall adopt rules that designate different types of manufacturing activities. A psilocybin product manufacturer may only engage in a type of manufacturing activity if the psilocybin product manufacturer has received an endorsement from the authority for that type of manufacturing activity

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ORS 475A.300 Psilocybin product quantities; rules. The Oregon Health Authority shall adopt rules restricting the quantities of psilocybin products at premises for which a license has been issued under ORS 475A.290. In adopting rules under this section, the authority shall take into consideration the demand for psilocybin services in this state, the number of psilocybin product manufacturers applying for a license under ORS 475A.290, the number of psilocybin product manufacturers that hold a license issued under ORS 475A.290 and whether the availability of psilocybin products in this state is commensurate with the demand for psilocybin services. [2021 c.1 §25]

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ORS 475A.302 Legal address and ownership of premises used for psilocybin manufacturing; owner consent; rules. (1) The Oregon Health Authority may not issue a psilocybin manufacturer license under ORS 475A.290 unless the applicant submits with the application a statement accurately identifying the legal address and owner of the premises to be licensed and the requirements of subsections (2) and (3) of this section are met

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ORS 475A.305 Psilocybin service center operator license; fees; rules. (1)(a) The operation of a psilocybin service center is subject to regulation by the Oregon Health Authority

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ORS 475A.310 Proximity of psilocybin service center to school. Notwithstanding ORS 475A.305 (2)(e), a psilocybin service center may be located within 1,000 feet of a school if

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ORS 475A.315 Establishment of school after issuance of license. If a school described in ORS 475A.305 (2)(e) that has not previously been attended by children is established within 1,000 feet of a premises for which a license has been issued under ORS 475A.305, the psilocybin service center operator located at that premises may remain at that location unless the Oregon Health Authority revokes the license of the psilocybin service center operator under ORS 475A.477. [2021 c.1 §28]

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ORS 475A.320 Requirement to verify person’s age; rules. The Oregon Health Authority may adopt rules establishing the circumstances under which the authority may require a psilocybin service center operator that holds a license issued under ORS 475A.305 to use an age verification scanner or any other equipment used to verify a person’s age for the purpose of ensuring that the psilocybin service center operator does not sell psilocybin products to a person under 21 years of age. Information obtained under this section may not be retained after verifying a person’s age and may not be used for any purpose other than verifying a person’s age. [2021 c.1 §29]

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ORS 475A.325 Psilocybin service facilitator license; fees; rules. (1) The facilitation of psilocybin services is subject to regulation by the Oregon Health Authority

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ORS 475A.330 Examination. The Oregon Health Authority shall offer an examination for applicants for licenses to facilitate psilocybin services at least twice a year. An applicant who fails any part of the examination may retake the failed section in accordance with rules adopted by the authority. [2021 c.1 §31]

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ORS 475A.335 Requirement to verify person’s age; rules. The Oregon Health Authority may adopt rules establishing the circumstances under which the authority may require a psilocybin service facilitator that holds a license issued under ORS 475A.325 to use an age verification scanner or any other equipment used to verify a person’s age for the purpose of ensuring that the psilocybin service facilitator does not provide psilocybin services to a person under 21 years of age. Information obtained under this section may not be retained after verifying a person’s age and may not be used for any purpose other than verifying a person’s age. [2021 c.1 §32]

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ORS 475A.338 Ability of health care provider, behavioral health care provider, to conduct certain sessions; protection from discipline. (1)(a) As used in this subsection, “board” means

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ORS 475A.340 Psilocybin services; rules. The Oregon Health Authority shall adopt by rule the requirements, specifications and guidelines for

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ORS 475A.345 Preparation session. (1) Before a client participates in an administration session, the client must attend a preparation session with a psilocybin service facilitator

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ORS 475A.350 Client information form. (1) Before a client participates in an administration session

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ORS 475A.355 Administration session. (1) After a client completes a preparation session and completes and signs a client information form, the client may participate in an administration session

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ORS 475A.360 Integration session. (1) After a client completes an administration session, the psilocybin service facilitator who supervised the administration session must offer the client an opportunity to participate in an integration session. The client may, but need not, participate in an integration session

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ORS 475A.365 Use of client information form in prosecution; reliance on client information form; exception from liability. (1) If a client information form is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a client, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a client unless it is demonstrated that a reasonable person would have determined that the responses provided by the client on the client information form were incorrect or altered

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ORS 475A.370 Right to terminate or refuse to provide services; exception. (1) Subject to other applicable law, a licensee or licensee representative may refuse to provide psilocybin services to a potential client for any or no reason

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ORS 475A.372 Requirement of psilocybin service center operator to collect, maintain, aggregate and submit to Oregon Health Authority specified information; client opt-out; exemption from disclosure; rules. (1) As used in this section, “adverse behavioral reaction” and “adverse medical reaction” have the meanings given those terms by rule by the Oregon Health Authority

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ORS 475A.374 Oregon Health Authority collection, publication of certain data; rules. (1) The Oregon Health Authority shall collect and compile data on

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ORS 475A.375 Powers and duties relating to psilocybin service facilitators. The Oregon Health Authority shall

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ORS 475A.377 Authority to require fingerprints of certain 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.210 to 475A.722. [2025 c.147 §5]

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ORS 475A.380 Minimum standards of education and training for psilocybin service facilitators; rules. (1) The Oregon Health Authority shall adopt by rule minimum standards of education and training requirements for psilocybin service facilitators

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ORS 475A.385 Authority to inspect books and premises; notice. (1) The Oregon Health Authority may, after 72 hours’ notice, make an examination of the books of a licensee for the purpose of determining compliance with ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722

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ORS 475A.390 Authority to require segregation of premises. If a licensee holds more than one license issued under ORS 475A.210 to 475A.722 for the same premises, the Oregon Health Authority may require the premises to be segregated into separate areas for conducting the activities permitted under each license as is necessary to protect the public health and safety. [2021 c.1 §43]

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ORS 475A.395 Authority to require general liability insurance. As is necessary to protect the public health and safety, the Oregon Health Authority may require a licensee to maintain general liability insurance in an amount that the authority determines is reasonably affordable and available for the purpose of protecting the licensee against damages resulting from a cause of action related to activities undertaken pursuant to the license held by the licensee. [2021 c.1 §44]

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ORS 475A.400 Use of tracking system for psilocybin products; distribution of moneys. (1) The Oregon Health Authority shall

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ORS 475A.405 Authority to prevent diversion of psilocybin products. Except as otherwise provided by law, the Oregon Health Authority has any power, and may perform any function, necessary for the authority to prevent the diversion of psilocybin products from licensees to a source that is not operating legally under the laws of this state. [2021 c.1 §46]

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ORS 475A.410 Authority to discipline for unregulated commerce. In addition to any other disciplinary action available to the Oregon Health Authority under ORS 475A.210 to 475A.722, the authority may immediately restrict, suspend or refuse to renew a license issued under ORS 475A.210 to 475A.722 if circumstances create probable cause for the authority to conclude that a licensee has purchased or received a psilocybin product from an unlicensed source or that a licensee has sold, stored or transferred a psilocybin product in a manner that is not permitted by the licensee’s license. [2021 c.1 §47]

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ORS 475A.415 Authority to require financial disclosure from licensee. (1) The Oregon Health Authority may require a licensee or applicant for a license under ORS 475A.210 to 475A.722 to submit, in a form and manner prescribed by the authority, to the authority a sworn statement showing

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ORS 475A.420 Authority to investigate, discipline licensees. (1) Notwithstanding the lapse, suspension or revocation of a license issued under ORS 475A.210 to 475A.722, the Oregon Health Authority may

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ORS 475A.425 Authority to investigate, discipline permit holder. (1) Notwithstanding the lapse, suspension or revocation of a permit issued under ORS 475A.483, the Oregon Health Authority may

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ORS 475A.430 Prohibition against manufacturing psilocybin products outdoors. A psilocybin product manufacturer that holds a license under ORS 475A.290 may not manufacture psilocybin products outdoors. [2021 c.1 §52]

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ORS 475A.435 Restrictions on delivery or receipt; waiver by authority. (1) A psilocybin product manufacturer that holds a license under ORS 475A.290

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ORS 475A.440 Prohibition against selling or delivering psilocybin products to persons under 21 years of age. A licensee or licensee representative may not sell or deliver a psilocybin product to a person under 21 years of age. [2021 c.1 §54]

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ORS 475A.445 Identification requirement; rules. (1) Subject to subsection (2) of this section, a licensee or licensee representative, before selling or providing a psilocybin product to another person, must require the person to produce one of the following pieces of identification

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ORS 475A.450 Confidentiality of client communications, information; exceptions. A psilocybin service center operator, a psilocybin service facilitator or any employee of a psilocybin service center operator or psilocybin service facilitator may not disclose any information that may be used to identify a client, or any communication made by a client during the course of providing psilocybin services or selling psilocybin products to the client, except when

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ORS 475A.455 Prohibition against psilocybin service facilitator consuming psilocybin product. A psilocybin service facilitator may not consume a psilocybin product during an administration session that the psilocybin service facilitator is supervising. [2021 c.1 §58]

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ORS 475A.460 Prohibition against employing persons under 21 years of age. (1) A licensee may not employ a person under 21 years of age at a premises for which a license has been issued under ORS 475A.210 to 475A.722

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ORS 475A.465 Prohibition against obfuscating mark or label or using mark or label to deceive. (1) A licensee may not use or allow the use of a mark or label on the container of a psilocybin product that is kept for sale if the mark or label does not precisely and clearly indicate the nature of the container’s contents or if the mark or label in any way might deceive a person about the nature, composition, quantity, age or quality of the container’s contents

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ORS 475A.468 Requirement that psilocybin products comply with minimum standards. (1) A psilocybin product may not be sold or offered for sale within this state unless the psilocybin product complies with the minimum standards prescribed by the statutory laws of this state

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ORS 475A.471 Other prohibitions. (1) A person may not make false representations or statements to the Oregon Health Authority in order to induce or prevent action by the authority

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ORS 475A.474 Purpose of license issued under ORS 475A.210 to 475A.722. A license issued under ORS 475A.210 to 475A.722 serves the purpose of exempting the person that holds the license from the criminal laws of this state for possession, delivery or manufacture of psilocybin products, provided that the person complies with all state laws and rules applicable to licensees. [2021 c.1 §63]

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ORS 475A.477 Grounds for revocation, suspension or restriction of license. The Oregon Health Authority may revoke, suspend or restrict a license issued under ORS 475A.210 to 475A.722 or require a licensee or licensee representative to undergo training if the authority finds or has reasonable ground to believe any of the following to be true

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ORS 475A.480 Permit required to perform work for or on behalf of licensee. (1) An individual who performs work for or on behalf of a licensee must have a valid permit issued by the Oregon Health Authority under ORS 475A.483 if the individual participates in

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ORS 475A.483 Issuing, renewing permits; fees; rules. (1) The Oregon Health Authority shall issue permits to qualified applicants to perform work described in ORS 475A.480. The authority shall adopt rules establishing

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ORS 475A.486 Authority to require fingerprints of individuals listed on application. 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.483. [2021 c.1 §67]

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