Title 37, Alcoholic Liquors; Controlled Substances; Drugs

The People of the State of Oregon find that: (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 publ…

(1) The People of the State of Oregon declare that the purposes of chapter 1, Oregon Laws 2021, are: (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 adul…

ORS 475A.210 to 475A.722 shall be known and may be cited as the Oregon Psilocybin Services Act. [2021 c.1 §3]

ORS 475A.210 to 475A.722 may not be construed: (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 mat…

As used in ORS 475A.210 to 475A.722: (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…

(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: (a) A psilocybin service center operat…

The Oregon Psilocybin Advisory Board shall: (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…

(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, superv…

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 475…

The Oregon Health Authority may, by rule or order, provide for the manner and conditions under which: (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 disp…

(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 applica…

(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. (2) The authority may refuse to issue a license or may issue a restricted license to an applicant under the provisions of ORS 4…

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 sectio…

A license issued under ORS 475A.210 to 475A.722: (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 …

(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 i…

(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 …

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 …

An individual may not have a financial interest in: (1) More than one psilocybin product manufacturer; or (2) More than five psilocybin service center operators. [2021 c.1 §21]

Subject to ORS 475A.280: (1) A person may hold multiple service center operator licenses under ORS 475A.305; and (2) A person may hold both a manufacturer license under ORS 475A.290 and a service center operator license under ORS 475A.305 at the same or different premises. [2021 …

(1) The manufacture of psilocybin products is subject to regulation by the Oregon Health Authority. (2) A psilocybin product manufacturer must have a manufacturer license issued by the authority for the premises at which the psilocybin products are manufactured. To hold a manufac…

(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 authorit…

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…

(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 (…

(1)(a) The operation of a psilocybin service center is subject to regulation by the Oregon Health Authority. (b) A psilocybin service center is not a health care facility subject to ORS chapter 441. (2) A psilocybin service center operator must have a service center operator lice…

Notwithstanding ORS 475A.305 (2)(e), a psilocybin service center may be located within 1,000 feet of a school if: (1) The psilocybin service center is not located within 500 feet of: (a) A public elementary or secondary school for which attendance is compulsory under ORS 339.020;…

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…

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…

(1) The facilitation of psilocybin services is subject to regulation by the Oregon Health Authority. (2) A psilocybin service facilitator must have a facilitator license issued by the authority. To hold a facilitator license issued under this section, a psilocybin service facilit…

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.…

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…

(1)(a) As used in this subsection, “board” means: (A) The Oregon Board of Licensed Professional Counselors and Therapists; (B) The Oregon Board of Naturopathic Medicine; (C) The Oregon Board of Psychology; (D) The Oregon Medical Board; (E) The Oregon State Board of Nursing; (F) T…

The Oregon Health Authority shall adopt by rule the requirements, specifications and guidelines for: (1) Providing psilocybin services to a client; (2) Holding and verifying the completion of a preparation session; (3) Having a client complete, sign, and deliver a client informat…

(1) Before a client participates in an administration session, the client must attend a preparation session with a psilocybin service facilitator. (2) A preparation session may be, but need not be, held at a psilocybin service center. (3) If a preparation session is completed in …

(1) Before a client participates in an administration session: (a) The client must complete and sign a client information form, in a form and manner prescribed by the Oregon Health Authority; and (b) A copy of the completed and signed client information form must be delivered to:…

(1) After a client completes a preparation session and completes and signs a client information form, the client may participate in an administration session. (2) An administration session must be held at a psilocybin service center. (3) If an administration session is completed …

(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.…

(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…

(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. (2)(a) Except as provided in paragraph (b) of this subsection, and subject to other applicable law, a licensee or licen…

(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. (2) A psilocybin service center operator that holds a license issued under ORS 475A.305 shall: (a) Collect and mai…

(1) The Oregon Health Authority shall collect and compile data on: (a) The total number of licenses issued under ORS 475A.290, 475A.305, 475A.325 and 475A.594, compiled by each license type; (b) The total number of applications submitted for licenses issued under ORS 475A.290, 47…

The Oregon Health Authority shall: (1) Determine the qualifications, training, education and fitness of applicants for licenses to facilitate psilocybin services, giving particular consideration to: (a) Facilitation skills that are affirming, nonjudgmental, and nondirective; (b) …

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]

(1) The Oregon Health Authority shall adopt by rule minimum standards of education and training requirements for psilocybin service facilitators. (2) The authority shall approve training program courses for psilocybin service facilitators. To obtain approval of a training program…

(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. (2) The authority may at any time make an examinat…

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 t…

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…

(1) The Oregon Health Authority shall: (a) Develop and maintain a system for tracking the transfer of psilocybin products between premises for which licenses have been issued under ORS 475A.210 to 475A.722; or (b) Enter into an agreement with the Oregon Liquor and Cannabis Commis…

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…

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 …

(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: (a) The name and address of each person that has a financial i…