S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10375
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  promoting  the
   health  and  well-being  of  the  citizens of the state of New York by
   establishing a comprehensive framework supporting  public  health  and
   safety  through regulated adult use, support services, and cultivation
   of psilocybin-containing fungi
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Article 33 of the public health law is amended by adding a
 new title 5-B to read as follows:
                                  TITLE V-B
      REGULATED HEALTH ACCESS AND SUPPORT SERVICES FOR PSILOCYBIN ACT
 SECTION 3369-AA. DEFINITIONS.
         3369-BB. REGULATION OF PSILOCYBIN PROGRAMS.
         3369-CC. REGULATED ADULT USE OF PSILOCYBIN  IN  CONNECTION  WITH
         PUBLIC HEALTH FRAMEWORK.
         3369-DD. CERTIFICATION   AND   AUTHORIZED  SERVICES  OF  SUPPORT
         SERVICES PROVIDER.
         3369-EE. CULTIVATOR LICENSE AND REQUIREMENTS.
         3369-FF. RELATION TO OTHER LAWS.
         3369-GG. PROTECTIONS.
         3369-HH. REGULATED PSILOCYBIN ADVISORY BOARD.
         3369-II. TAXATION OF PSILOCYBIN REGULATED ACTIVITIES.
   § 3369-AA. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "BUSINESS  ENTERPRISE" MEANS ANY ENTITY, INCLUDING A SOLE PROPRIE-
 TORSHIP, PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP,  LIMITED  LIABILITY
 COMPANY  OR CORPORATION, INCLUDING NOT-FOR-PROFIT CORPORATIONS, WHICH IS
 AUTHORIZED TO AND ENGAGES IN LAWFUL BUSINESS TRANSACTIONS IN  ACCORDANCE
 WITH NEW YORK LAW.
   2.  "ADULT  USE OF PSILOCYBIN" MEANS THE AUTHORIZED ADULT, NON-COMMER-
 CIAL USE OF PSILOCYBIN IN CONNECTION WITH A PUBLIC HEALTH  FRAMEWORK  AS
 PROVIDED UNDER THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15437-03-4
 A. 10375                            2
 
   3.    "CULTIVATOR  LICENSE"  MEANS  A WRITTEN AUTHORIZATION PERMITTING
 NATURAL PERSONS OR BUSINESS  ENTERPRISES  TO  ENGAGE  IN  THE  SPECIFIED
 ACTIVITIES  OF  CULTIVATION, DISTRIBUTION, AND TESTING OF PSILOCYBIN, AS
 AUTHORIZED PURSUANT TO THIS TITLE. ONLY A PERSON OR BUSINESS  ENTERPRISE
 WITH  A  CULTIVATOR  LICENSE  MAY ENGAGE IN COMMERCIAL TRANSACTIONS WITH
 PSILOCYBIN-CONTAINING FUNGI.
   4. "DEPARTMENT" SHALL MEAN NEW YORK STATE DEPARTMENT OF HEALTH.
   5. "EXCLUSION CRITERIA" MEANS CERTAIN HEALTH CONDITIONS,  PRESCRIPTION
 MEDICATIONS, OR CONSUMPTION OF OTHER SUBSTANCES THAT, BASED ON CURRENTLY
 AVAILABLE  MEDICAL INFORMATION AND RESEARCH, ARE CONTRAINDICATED OR HAVE
 A RISK OF NEGATIVE INTERACTION WITH THE  USE  OF  PSILOCYBIN.  EXCLUSION
 CRITERIA SHALL BE ADDED OR REMOVED BY THE DEPARTMENT.
   6.  "HEALTH  SCREENING"  MEANS  A  SCREENING FORM TO ALLOW A PERSON TO
 CERTIFY SYMPTOMS OR PRIOR OR CURRENT DIAGNOSIS OF  ONE  OR  MORE  HEALTH
 CONDITIONS OR EXCLUSION CRITERIA.
   7.  "LICENSED HEALTHCARE PROVIDER" MEANS A PERSON WITH A VALID LICENSE
 OR CERTIFICATE  FROM  THE  DEPARTMENT  OF  EDUCATION  FOR  A  PROFESSION
 PROVIDED  IN ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-TWO, ONE
 HUNDRED THIRTY-SIX, ONE HUNDRED  THIRTY-NINE,  ONE  HUNDRED  FORTY,  ONE
 HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE HUNDRED FIFTY-THREE, ONE
 HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-SEVEN, ONE HUNDRED FIFTY-NINE, ONE
 HUNDRED  SIXTY,  ONE HUNDRED SIXTY-THREE, ONE HUNDRED SIXTY-FOUR, OR ONE
 HUNDRED SIXTY-SEVEN OR OTHERWISE RELATED TO WELLNESS, MEDICINE,  HEALTH-
 CARE,  MENTAL  HEALTH, OR BEHAVIORAL HEALTH. TO BE A LICENSED HEALTHCARE
 PROVIDER UNDER THIS TITLE, SUCH LICENSED PROFESSIONAL'S AUTHORIZED SCOPE
 OF PRACTICE DOES NOT NEED  TO  BUT  MAY  INCLUDE  MEDICAL  DIAGNOSIS  OR
 PRESCRIPTION OF MEDICATIONS.
   8. "HEALTH CONDITIONS" MEAN CERTAIN HEALTH CONDITIONS THAT INCLUDE BUT
 ARE NOT LIMITED TO:
   (A) ADJUSTMENT DISORDER;
   (B) AMYOTROPHIC LATERAL SCLEROSIS;
   (C) ATTENTION DEFICIT/HYPERACTIVITY DISORDER;
   (D) ARTHRITIS;
   (E) AUTISM;
   (F) ALZHEIMER'S;
   (G) ANXIETY;
   (H) ANOREXIA NERVOSA;
   (I) BACTERIAL INFECTION OR DISEASE;
   (J)  BEHAVIORAL/PROCESS ADDICTION, INCLUDING GAMBLING, PORNOGRAPHY, OR
 SHOPPING;
   (K) BODY DYSMORPHIA;
   (L) CATARACTS;
   (M) CANCER;
   (N) CANCER-RELATED DISTRESS;
   (O) CHRONIC PAIN;
   (P) CHRONIC FATIGUE;
   (Q) CLUSTER HEADACHES;
   (R) DEPRESSIVE DISORDER;
   (S) DEGENERATIVE DISC OR JOINT DISEASE;
   (T) EATING DISORDER;
   (U) EFFECTS FROM STROKE;
   (V) EPILEPSY;
   (W) EPISODIC MIGRAINES;
   (X) FIBROMYALGIA;
   (Y) FUNCTIONAL GASTROINTESTINAL DISORDER,  INCLUDING  IRRITABLE  BOWEL
 SYNDROME (IBS) AND INFLAMMATORY BOWEL DISEASE (IBD);
 A. 10375                            3
 
   (Z) GLAUCOMA;
   (AA) HEADACHE DISORDERS;
   (BB) HIV/AIDS;
   (CC) INSOMNIA;
   (DD) LYME DISEASE;
   (EE) MOOD DISORDER;
   (FF) MOTOR NEURON DISEASE;
   (GG) MIGRAINE;
   (HH) MULTIPLE SCLEROSIS;
   (II) MUSCULAR DYSTROPHY;
   (JJ) NEURODEGENERATIVE DISEASE INCLUDING NEUROPATHY;
   (KK) OBSESSIVE-COMPULSIVE DISORDER;
   (LL) PARKINSON'S DISEASE;
   (MM) PANIC DISORDER;
   (NN) PARESTHESIA;
   (OO) PHANTOM LIMB PAIN;
   (PP) PREMENSTRUAL SYNDROME OR PREMENSTRUAL DYSPHORIC DISORDER;
   (QQ) PROLONGED GRIEF DISORDER;
   (RR) POSTPARTUM MENTAL HEALTH DISORDER;
   (SS) POST-ACUTE COVID-19 INFECTION CONDITION;
   (TT)  POST-TRAUMATIC  STRESS DISORDER (PTSD) OR COMPLEX POST-TRAUMATIC
 STRESS DISORDER;
   (UU) PSYCHOGENIC PAIN DISORDER;
   (VV) RESTLESS LEG SYNDROME;
   (WW) RHEUMATOID ARTHRITIS;
   (XX) SEXUAL DISORDER;
   (YY) SENSORY PROCESSING DISORDER;
   (ZZ) SLEEP DISORDER;
   (AAA) SUBSTANCE USE DISORDER, INCLUDING FOR USE OF  OPIATES,  TOBACCO,
 AND ALCOHOL;
   (BBB) TERMINAL ILLNESS OR END-OF-LIFE DISTRESS;
   (CCC) TRAUMATIC BRAIN INJURY (TBI), INCLUDING CONCUSSION;
   (DDD) TREATMENT RESISTANT DEPRESSION;
   (EEE) UNSPECIFIED MOOD DISORDER; AND
   (FFF)  ANY  NOVEL  OR EMERGENT HEALTH CONDITION NOT CATEGORIZED IN THE
 DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS OR KNOWN  PHYSICAL
 HEALTH CONDITIONS WHERE THERE IS EVIDENCE OF POTENTIAL USE OF PSILOCYBIN
 WITH  POSITIVE  OUTCOMES  IN CONNECTION WITH SUCH HEALTH CONDITIONS THAT
 HAS BEEN IDENTIFIED IN A STUDY PUBLISHED  IN  A  MEDICAL  OR  SCIENTIFIC
 JOURNAL, INCLUDING PREPRINT SERVERS.
   9.  "LICENSED  CULTIVATOR"  MEANS  A  PERSON  OR  BUSINESS ENTERPRISE,
 INCLUDING  A  SOLE  PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,  LIMITED
 LIABILITY COMPANY, OR OTHER BUSINESS ENTERPRISE, THAT POSSESSES A CULTI-
 VATOR LICENSE PURSUANT TO THIS TITLE.
   10.  "NONCOMMERCIAL"  MEANS  AN ACTION OR TRANSACTION OF GOODS THAT IS
 WITHOUT REMUNERATION OR THE EXCHANGE OF MONEY.
   11. "PERMIT COURSE" MEANS THE PSILOCYBIN REGULATION EDUCATIONAL PERMIT
 (PREP) COURSE THAT INCLUDES EDUCATIONAL MATERIAL AND A TEST THAT MUST BE
 SUCCESSFULLY COMPLETED BY A PERSON WHO HAS RECEIVED A  HEALTH  SCREENING
 AND  IS  APPLYING FOR A PSILOCYBIN PERMIT. THERE WILL BE NO LIMIT IN THE
 NUMBER OF ATTEMPTS TO COMPLETE THE TEST COMPONENT OF THE  PERMIT  COURSE
 IN  ORDER TO RECEIVE A PSILOCYBIN PERMIT, AS THE PURPOSE OF SUCH TEST IS
 TO ENABLE EDUCATION AND INFORMATION TO INCREASE SAFETY OF ADULT  USE  OF
 PSILOCYBIN.
   12. "PERSON" MEANS A NATURAL PERSON.
 A. 10375                            4
 
   13. "PSILOCYBIN" MEANS FUNGI THAT CONTAIN NATURALLY-OCCURRING PSILOCY-
 BIN  AND  PSILOCIN  COMPOUNDS  PRODUCED BY SUCH FUNGI, INCLUDING BUT NOT
 LIMITED TO MEMBERS OF THE GENUS PSILOCYBIN.
   14. "PSILOCYBIN PERMIT" MEANS A WRITTEN AUTHORIZATION FROM THE DEPART-
 MENT  ISSUED  TO A PERSON AT LEAST EIGHTEEN YEARS OLD WHO HAS RECEIVED A
 HEALTH SCREENING AND SUCCESSFULLY COMPLETED THE PERMIT COURSE  TO  ALLOW
 ADULT USE OF PSILOCYBIN IN CONNECTION WITH A PUBLIC HEALTH FRAMEWORK.
   15.  "SCHOOL  GROUNDS"  MEANS ANY BUILDING, STRUCTURE, AND SURROUNDING
 OUTDOOR GROUNDS, INCLUDING ENTRANCES OR EXITS, CONTAINED WITHIN A PUBLIC
 OR PRIVATE PRE-SCHOOL, NURSERY SCHOOL, ELEMENTARY OR SECONDARY  SCHOOL'S
 LEGALLY  DEFINED  PROPERTY  BOUNDARIES AS REGISTERED IN A COUNTY CLERK'S
 OFFICE.
   16. "SUPPORT SERVICES" MEAN THE SERVICES CONSISTENT  WITH  THIS  TITLE
 THROUGH  ACTIONS  OF  SUPPORTIVE  CARE  AND  RESPONSE  TO ADVERSE HEALTH
 CIRCUMSTANCES, PROVISION OF EDUCATIONAL INFORMATION, AND  OTHER  CONDUCT
 PROVIDED  BY  A  CERTIFIED  SUPPORT  SERVICES PROVIDER THAT INCREASE THE
 SAFETY AND REDUCE POTENTIAL RISKS ASSOCIATED WITH  A  PSILOCYBIN  PERMIT
 HOLDER'S AUTHORIZED USE OF PSILOCYBIN.
   17.  "SUPPORT  SERVICES  PROVIDER CERTIFICATION" MEANS A CERTIFICATION
 THAT IS REGULATED AND ISSUED  BY  THE  DEPARTMENT  THAT  AUTHORIZES  THE
 SUPPORT SERVICES OF A SUPPORT SERVICES PROVIDER.
   18.  "SUPPORT SERVICES PROVIDER" MEANS A PERSON WHO HAS BEEN GRANTED A
 CERTIFICATION  TO  PROVIDE  RISK  REDUCTION   SUPPORT   SERVICES,   UPON
 COMPLETION  AND CONTINUED SATISFACTION OF ALL REQUIREMENTS UNDER SECTION
 THIRTY-THREE HUNDRED SIXTY-NINE-CC  OF  THIS  TITLE,  INCLUDING  ONGOING
 EDUCATION AND TRAINING IN CONNECTION WITH A PERMIT HOLDER'S ADULT USE OF
 PSILOCYBIN.
   §  3369-BB. REGULATION OF PSILOCYBIN PROGRAMS. 1. THE DEPARTMENT SHALL
 MANAGE ALL OPERATIONS OF THIS TITLE.
   2. THE DEPARTMENT  SHALL  PROMULGATE  REGULATIONS  TO  IMPLEMENT  THIS
 TITLE.
   3.  THE  DEPARTMENT MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE
 OPERATION OF THIS TITLE. THE DEPARTMENT MAY ENTER INTO  AGREEMENTS  WITH
 ONE OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS, UNIVERSITIES, OR OTHER
 ORGANIZATIONS,  FOR  THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTA-
 TION AND EFFECTIVENESS OF THIS TITLE.
   4. THE DEPARTMENT SHALL BE RESPONSIBLE FOR REGULATING THE ADULT USE OF
 PSILOCYBIN WITH A PERMIT, CULTIVATION LICENSES AND  LICENSED  CULTIVATOR
 OPERATION REQUIREMENTS, CERTIFICATION OF SUPPORT SERVICES PROVIDERS, AND
 OTHER AUTHORIZED AND RELATED PROGRAMS.
   5.  THE  DEPARTMENT  SHALL  CREATE A REPORTING PROGRAM TO ALLOW PERMIT
 HOLDERS THE OPTIONAL OPPORTUNITY TO IDENTIFY HEALTH AND EXPERIENCE  DATA
 IN  CONNECTION  WITH ADULT USE OF PSILOCYBIN, INCLUDING ON HEALTH CONDI-
 TIONS AND POTENTIAL EXCLUSION CRITERIA, AND ALSO TO MAKE  REPORTS  ABOUT
 CERTIFIED  SUPPORT  SERVICES  PROVIDERS  AND  THE  PROVISION  OF ETHICAL
 SERVICES.
   6. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS,  BEGINNING  TWO  YEARS
 AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
 TURE  ON  THE  REGULATED  ACCESS OF PSILOCYBIN UNDER THIS TITLE AND MAKE
 APPROPRIATE RECOMMENDATIONS.
   § 3369-CC. REGULATED ADULT USE OF PSILOCYBIN IN CONNECTION WITH PUBLIC
 HEALTH FRAMEWORK. A PSILOCYBIN  PERMIT  HOLDER  SHALL  BE  PERMITTED  TO
 ENGAGE  IN  THE  ADULT  USE  OF PSILOCYBIN IN CONNECTION WITH QUALIFYING
 HEALTH CONDITIONS, PROVIDED THAT:
   1. A PERSON SHALL BE PROVIDED A PSILOCYBIN PERMIT UPON COMPLETION OF A
 HEALTH SCREENING AND THE PERMIT COURSE.
 A. 10375                            5
 
   2. A PERSON SHALL COMPLETE A HEALTH SCREENING THAT CERTIFIES  SYMPTOMS
 OR  DIAGNOSIS  OF  ANY  HEALTH  CONDITIONS AND NO EXISTENCE OF EXCLUSION
 CRITERIA.
   3.  A  HEALTH  SCREENING  SHALL INCLUDE A STRUCTURED SCREENING PROCESS
 WITH A FORM WHERE A PERSON APPLYING FOR A PSILOCYBIN PERMIT SELF-REPORTS
 SYMPTOMS OR DIAGNOSIS THAT INDICATE ANY HEALTH  CONDITION  OR  EXCLUSION
 CRITERIA.
   4.  A  HEALTH  SCREENING FORM SHALL BE UPDATED BY THE PERMIT HOLDER IF
 THERE ARE ANY  CHANGES  TO  THE  CERTIFICATIONS  OF  HEALTH  CONDITIONS,
 INCLUDING  ANY  NEW  SYMPTOMS  OR  DIAGNOSIS,  THAT CONSTITUTE EXCLUSION
 CRITERIA ON THE FORM FILED WITH THE DEPARTMENT AND RECOMPLETED BIENNIAL-
 LY TO MAINTAIN THE PSILOCYBIN PERMIT. ANY CHANGES TO SUCH FORM SHALL NOT
 PRECIPITATE A REQUIREMENT TO ENGAGE IN THE PERMIT COURSE UNTIL THE  FOUR
 YEAR REQUIREMENT PROVIDED IN THIS SECTION.
   5. A HEALTH SCREENING SHALL INCLUDE CLEAR DISCLOSURE THAT ADULT USE OF
 PSILOCYBIN  UNDER  THIS  TITLE IS NOT TO TREAT ANY HEALTH CONDITIONS AND
 THE EXISTENCE OF HEALTH ASSESSMENTS AND  TREATMENTS  FOR  ANY  POTENTIAL
 HEALTH CONDITIONS.
   6.  A  HEALTH  SCREENING SHALL INCLUDE CLEAR DISCLOSURE THAT EXCLUSION
 CRITERIA IN CONNECTION WITH USE OF PSILOCYBIN MAY  INCREASE  SIGNIFICANT
 HEALTH AND SAFETY RISKS.
   7. ANY INDICATION OF EXCLUSION CRITERIA SHALL DISQUALIFY A PERSON FROM
 A PSILOCYBIN PERMIT DUE TO HEALTH RISKS TO SUCH PERSON OR OTHERS.
   8.  A  HEALTH  SCREENING  SHALL  BE ALLOWED TO BE TAKEN IN AN ENTIRELY
 ONLINE FORMAT PROVIDED BY THE DEPARTMENT OR WITH A  LICENSED  HEALTHCARE
 PROVIDER, WHO SHALL THEN SUBMIT SUCH SCREENING TO THE DEPARTMENT.
   9. THE PERMIT COURSE, WHICH SHALL BE NO LONGER THAN FIVE (5) HOURS AND
 ALLOWED  TO  BE  TAKEN  IN AN IN-PERSON OR ENTIRELY ONLINE FORMAT, SHALL
 PROVIDE THE APPROPRIATE EDUCATION AND INFORMATION ABOUT  PSILOCYBIN  AND
 PSILOCYBIN-CONTAINING  FUNGI USING A CURRICULUM DEVELOPED BY THE DEPART-
 MENT REGARDING THE HISTORY OF INDIGENOUS, RELIGIOUS, AND  CULTURAL  USE,
 SAFETY,  POTENCY  AND  EFFECTS OF DOSING AMOUNTS, CONTRAINDICATED HEALTH
 CONDITIONS AND SUBSTANCES, THE VALUE OF PREPARATION AND INTEGRATION, THE
 APPROPRIATE SETTING FOR USE, AND ANY  MEDICALLY  AVAILABLE  EVIDENCE  OF
 BENEFITS,  HEALTH RISKS, AND THE SENSITIVITY PERIOD SUBSEQUENT TO PSILO-
 CYBIN USE, AND OPTIONAL SUPPORT SERVICES AVAILABLE, APPROPRIATE  CONDUCT
 AND  INFORMED  CONSENT  REQUIRED  FOR  SUCH SERVICES, AND THE DEPARTMENT
 REPORTING SYSTEM ESTABLISHED PURSUANT  TO  THIS  TITLE.  THE  DEPARTMENT
 SHALL  UPDATE THE CURRICULUM FOR THE PERMIT COURSE WITH MEDICALLY AVAIL-
 ABLE INFORMATION BIENNIALLY.
   10. A PERMIT HOLDER MUST SUCCESSFULLY COMPLETE AN ABBREVIATED  RENEWAL
 PERMIT  COURSE  BASED  ON  CHANGES TO THE CURRICULUM OR THIS TITLE EVERY
 FOUR YEARS TO MAINTAIN SUCH PERMIT HOLDER'S PERMIT.
   11. THE COST OF THE PERMIT COURSE AND THE PERMIT APPLICATION SHALL NOT
 EXCEED REASONABLE, ACCESSIBLE FEES CONSISTENT WITH OTHER STATE  PERMITS.
 A  PERMIT  COURSE  SHALL  NOT  EXCEED ONE HUNDRED DOLLARS AND THE PERMIT
 APPLICATION SHALL NOT EXCEED EIGHTY DOLLARS.
   12. THE DEPARTMENT MAY APPROVE A PERMIT COURSE DEVELOPED BY  A  PERSON
 OR  BUSINESS  ENTERPRISE  THAT SATISFIES THE CURRICULUM REQUIREMENTS AND
 WILL PROVIDE CERTIFICATION THAT SUCH PERMIT COURSE, INCLUDING THE  TEST,
 WAS SUCCESSFULLY COMPLETED TO THE DEPARTMENT.
   13.  A PSILOCYBIN PERMIT MAY BE GRANTED TO A CITIZEN OF ANY STATE, BUT
 SUCH RIGHTS GRANTED BY THE PSILOCYBIN PERMIT ONLY  AUTHORIZE  THE  REGU-
 LATED ACTIVITIES IN THIS TITLE WITHIN THE STATE OF NEW YORK.
   14.  A  PSILOCYBIN PERMIT HOLDER MAY ONLY LAWFULLY PURCHASE PSILOCYBIN
 FROM A LICENSED CULTIVATOR PURSUANT TO THIS TITLE, CULTIVATE  THEIR  OWN
 A. 10375                            6
 
 PSILOCYBIN,  OR  RECEIVE IT AS A NON-COMMERCIAL GIFT FROM ANOTHER PERMIT
 HOLDER.
   15.  PERMIT HOLDERS HAVE THE OPTION TO ENGAGE SUPPORT SERVICES PROVID-
 ERS FOR RISK REDUCTION SUPPORT SERVICES DURING ADULT USE OF PSILOCYBIN.
   16. ADULT USE OF  PSILOCYBIN  SHALL  NOT  BE  PERMITTED  IN  A  PUBLIC
 LOCATION WITHIN FIVE HUNDRED FEET OF A SCHOOL GROUNDS.
   17. A PERMIT HOLDER IS AUTHORIZED TO PURCHASE FROM A LICENSED CULTIVA-
 TOR,  AS PROVIDED UNDER THIS TITLE, AN ALLOWABLE AMOUNT OF TWO OUNCES OF
 PROCESSED, DRIED PSILOCYBIN-CONTAINING FUNGI EACH  CALENDAR  MONTH.  THE
 DEPARTMENT MAY INCREASE THIS ALLOWABLE AMOUNT.
   18.  MEASURING  WEIGHT  OF  PSILOCYBIN-CONTAINING  FUNGI FOR ADULT USE
 SHALL BE MEASURED BASED ON THE DRIED, PROCESSED  CONDITION  OF  PSILOCY-
 BIN-CONTAINING FUNGI, AND DOES NOT INCLUDE THE WEIGHT OF ANY MATERIAL OF
 WHICH  THE  SUBSTANCE  IS  A  PART  OR  TO WHICH THE SUBSTANCE IS ADDED,
 DISSOLVED, HELD IN SOLUTION, OR SUSPENDED, OR ANY INGREDIENT OR MATERIAL
 COMBINED WITH THE SUBSTANCE AS PART OF A PREPARATION.
   19. A PERMIT HOLDER IS AUTHORIZED TO PERSONALLY CULTIVATE  PSILOCYBIN-
 CONTAINING  FUNGI  IN  A  CULTIVATION SPACE THAT PRODUCES NO MORE THAN A
 LIMITED SPACE IN VOLUME, AS REGULATED BY THE DEPARTMENT, FOR  ADULT  USE
 OF  PSILOCYBIN.  NO  PSILOCYBIN  PERMIT  HOLDER  SHALL  BE PENALIZED FOR
 POSSESSION IN EXCESS OF THE ALLOWABLE AMOUNT IF IT IS STORED IN A LOCKED
 CONTAINER WITHIN THEIR RESIDENCE  FOR  ADULT  USE.  NOTWITHSTANDING  ANY
 PROVISION  TO THE CONTRARY, PERSONAL CULTIVATION DOES NOT PERMIT COMMER-
 CIAL SALES OR RIGHTS GRANTED BY A CULTIVATION LICENSE.
   20. A PERMIT HOLDER MAY PROVIDE PSILOCYBIN  TO  OTHER  PERMIT  HOLDERS
 ONLY  IF THE PSILOCYBIN IS A NON-COMMERCIAL TRANSACTION AND A PSILOCYBIN
 PERMIT IS PROVIDED TO DEMONSTRATE AUTHORIZATION PURSUANT TO THIS  TITLE.
 A  PERMIT  HOLDER  IS  PROHIBITED  FROM  THE TRANSFER OF PSILOCYBIN AS A
 REMUNERATED COMMERCIAL TRANSACTION UNLESS  AUTHORIZED  TO  DO  SO  AS  A
 LICENSED  CULTIVATOR  PURSUANT  TO  SECTION THREE THOUSAND THREE HUNDRED
 SIXTY-NINE-EE OF THIS TITLE.
   21. A LICENSED HEALTHCARE PROVIDER  MAY,  WITHIN  THE  SCOPE  OF  SUCH
 HEALTHCARE  PROVIDER'S  PRACTICE, OFFER PROFESSIONAL SERVICES TO SUPPORT
 PATIENTS AND CLIENTS WHO ARE PERMIT HOLDERS IN SUCH PATIENTS' ADULT  USE
 OF  PSILOCYBIN WITH RESPECT TO THE HEALTH SCREENING OR IN PREPARATION OR
 SUBSEQUENT TO SUPPORT SERVICES.
   22. PSILOCYBIN PERMIT HOLDERS WHO ARE IN VIOLATION OF  THIS  TITLE  IN
 MORE  THAN  TWO  INSTANCES MAY BE PENALIZED BY LOSS OF SUCH PERMIT FOR A
 PERIOD OF TWO YEARS AND, AFTER SUCH PENALIZATION  PERIOD,  SHALL  SUBSE-
 QUENTLY BE ENTITLED TO APPLY FOR A PSILOCYBIN PERMIT.
   §  3369-DD.  CERTIFICATION AND AUTHORIZED SERVICES OF SUPPORT SERVICES
 PROVIDER. 1. STATE-CERTIFIED  SUPPORT  SERVICES  PROVIDERS  MAY  PROVIDE
 NON-MEDICAL,  NON-THERAPEUTIC,  AND NON-DIRECTIVE RISK REDUCTION SUPPORT
 SERVICES TO INCREASE THE HEALTH AND SAFETY OF A PERMIT HOLDER.
   2.  NO  SUPPORT  SERVICES  CERTIFICATION  ESTABLISHES  ANY  LICENSURE,
 CERTIFICATION,  OR  OTHER  AUTHORITY  TO  PROVIDE  THERAPY, COACHING, OR
 TREATMENT IN CONNECTION  WITH  ADULT  USE  OF  PSILOCYBIN,  BUT  SUPPORT
 SERVICES PROVIDERS ARE NOT PRECLUDED FROM CONTRACTING OR PROVIDING SEPA-
 RATELY FOR SUCH SERVICES.
   3.  IN ORDER TO RECEIVE A SUPPORT SERVICES PROVIDER CERTIFICATION FROM
 THE DEPARTMENT, A PERSON SHALL  COMPLETE  A  SUPPORT  SERVICES  TRAINING
 COURSE  WITH  A  CURRICULUM AND WRITTEN EXAM THAT INCLUDES EDUCATION AND
 INFORMATION ABOUT PSILOCYBIN REGARDING ITS HISTORY OF INDIGENOUS USE AND
 CULTURAL RELEVANCE, BENEFITS AND HEALTH RISKS BASED ON CURRENTLY  AVAIL-
 ABLE MEDICAL EVIDENCE, EFFECTS OF DOSING AMOUNTS, CONTRAINDICATED HEALTH
 CONDITIONS  AND  INTERACTING  SUBSTANCES  THAT  INCREASE RISKS, INFORMED
 A. 10375                            7
 
 CONSENT, RISK REDUCTION STRATEGIES,  AND  ADVERSE  EVENT  AND  EMERGENCY
 PROTOCOL, AS DETERMINED BY THE DEPARTMENT IN REGULATION.
   4. THE COST OF ANY SUPPORT SERVICES TRAINING COURSE SHALL BE A REASON-
 ABLE, ACCESSIBLE AMOUNT AND NOT EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS
 AND THE CERTIFICATION APPLICATION SHALL NOT EXCEED EIGHTY DOLLARS.
   5. A SUPPORT SERVICES PROVIDER IS OBLIGATED TO PARTICIPATE IN BIENNIAL
 CONTINUED  EDUCATION COURSES WITH A CURRICULUM DETERMINED BY THE DEPART-
 MENT IN REGULATION.
   6. ANY TRAINING COURSE FOR SUPPORT SERVICES PROVIDERS SHALL BE  AVAIL-
 ABLE  FOR A REASONABLE FEE AND MAY BE PROVIDED ENTIRELY ONLINE TO CREATE
 AFFORDABILITY, ACCESSIBILITY, RECOGNIZE NEED  FOR  CULTURALLY  COMPETENT
 RISK REDUCTION SUPPORT, AND DIVERSITY.
   7.  THE  DEPARTMENT  MAY  APPROVE  A  SUPPORT SERVICES TRAINING COURSE
 DEVELOPED BY A PERSON OR BUSINESS ENTERPRISE THAT SATISFIES THE  CURRIC-
 ULUM  REQUIREMENTS  UNDER THIS TITLE AND WILL PROVIDE CERTIFICATION THAT
 SUCH TRAINING COURSE, INCLUDING THE EXAM, WAS SUCCESSFULLY COMPLETED  TO
 THE DEPARTMENT.
   8.    SUPPORT  SERVICES  PROVIDERS MAY PROVIDE SUPPORT SERVICES IN ANY
 LOCATION, AS DETERMINED BY THE DEPARTMENT AND TO  CREATE  ACCESSIBILITY,
 INCLUDING  BUT  NOT  LIMITED  TO  APPROPRIATELY  ZONED  SETTINGS SUCH AS
 PRIVATE OFFICES AND COMMERCIAL USE, OR RESIDENCES OF THE  PERMIT  HOLDER
 OR THE SUPPORT SERVICES PROVIDER WHERE A HOME OCCUPATION IS ALLOWED.
   9. THE DEPARTMENT SHALL DEVELOP AN INFORMED CONSENT DOCUMENT THAT MUST
 BE  USED  AND  MAY BE MODIFIED TO INCLUDE ADDITIONAL BUT NOT CONFLICTING
 INFORMATION BY A SUPPORT SERVICES PROVIDER IN EACH INSTANCE OF PROVISION
 OF SUCH SERVICES TO A PSILOCYBIN PERMIT HOLDER.
   10. ONE  OR  MORE  SUPPORT  SERVICES  PROVIDERS  MAY  PROVIDE  SUPPORT
 SERVICES  TO  ONE  OR MORE PERMIT HOLDERS SIMULTANEOUSLY CONSISTENT WITH
 CERTAIN RULES, SUCH AS THE PROPORTION OF  SERVICE  PROVIDERS  TO  PERMIT
 HOLDERS, AS DETERMINED BY THE DEPARTMENT IN REGULATION.
   11.  A  PERSON  MAY,  BUT  SHALL NOT BE REQUIRED TO, HAVE A PSILOCYBIN
 PERMIT AND SUPPORT SERVICES CERTIFICATION CONCURRENTLY.
   12. THE DEPARTMENT MAY ESTABLISH ADDITIONAL  LEVELS  OF  CERTIFICATION
 PURSUANT TO RESEARCH AND MEDICAL STANDARDS.
   13.  THE  DEPARTMENT  SHALL  CREATE  A  CERTIFICATION  BOARD TO REVIEW
 SUPPORT SERVICES PROVIDER CERTIFICATION AND THE COMPLIANCE OF A  SUPPORT
 SERVICES PROVIDER.
   14.  A  SUPPORT  SERVICES  PROVIDER SHALL BE ENTITLED TO OFFER SUPPORT
 SERVICES IN EXCHANGE FOR COMPENSATION AS A COMMERCIAL TRANSACTION.
   15. A SUPPORT SERVICES PROVIDER MAY ENGAGE IN  THE  COMMERCIAL  TRANS-
 ACTION  OF  THEIR AUTHORIZED SUPPORT SERVICES UNDER THIS TITLE AND, IF A
 PERMIT HOLDER, SIMULTANEOUSLY ENGAGE IN THE NONCOMMERCIAL TRANSACTION OF
 GIFTING PSILOCYBIN TO THE  PERMIT  HOLDER  ENGAGING  SUCH  PROVIDER  FOR
 SUPPORT SERVICES.
   16.  A SUPPORT SERVICES PROVIDER SHALL REQUIRE CONFIRMATION OF A VALID
 PSILOCYBIN PERMIT AND REVIEW THE HEALTH SCREENING FORM PROVIDED  BY  THE
 PERMIT  HOLDER  ENGAGING SUPPORT SERVICES PRIOR TO PROVISION OF SERVICES
 DURING THE ADULT USE OF PSILOCYBIN AUTHORIZED UNDER THIS TITLE. A PERMIT
 HOLDER SHALL CONFIRM ACCURACY OF RESPONSES ON THE HEALTH SCREENING  FORM
 BEFORE EACH INSTANCE OF SUPPORT SERVICES.
   17.  A  SUPPORT SERVICES CERTIFICATION UNDER THIS TITLE SHALL NOT BE A
 PROFESSIONAL LICENSE UNDER THE EDUCATION LAW.
   18. THE DEPARTMENT OF EDUCATION, THE DEPARTMENT,  AND  ANY  APPLICABLE
 STATE  LICENSING  BOARDS  MAY  ESTABLISH  CERTIFICATIONS,  LICENSURE, OR
 RELATED REGULATIONS TO ALLOW A LICENSED PROFESSIONAL TO PROVIDE  PROFES-
 SIONAL  SERVICES  SIMULTANEOUSLY  WITH  SUPPORT  SERVICES WITH A SUPPORT
 A. 10375                            8
 
 SERVICES PROVIDER CERTIFICATION OR  AS  OTHERWISE  DETERMINED  IN  REGU-
 LATION.
   19.  THIS  TITLE  SHALL  ALLOW  THE  LICENSED  PROFESSIONALS  TO SHARE
 PATIENT-APPROVED INFORMATION  WITH  SUPPORT  SERVICE  PROVIDERS  THROUGH
 LAWFUL  DISCLOSURES AND AGREEMENTS, AS CONSISTENT WITH THE HEALTH INSUR-
 ANCE PORTABILITY AND ACCOUNTABILITY ACT, AS APPLICABLE.
   § 3369-EE. CULTIVATOR LICENSE AND REQUIREMENTS.  1. FOR  THE  PURPOSES
 OF  THIS  TITLE,  PSILOCYBIN-CONTAINING  FUNGI  SHALL  NOT  CONSTITUTE A
 "FOOD," OR "FOOD PRODUCT," AS DEFINED AND REGULATED BY SECTION 161.21 OF
 TITLE ONE OF THE COMPILATION OF CODES, RULES,  AND  REGULATIONS  OF  THE
 STATE  OF  NEW  YORK, TO BE DISTINGUISHED FROM FUNGI THAT DO NOT CONTAIN
 PSILOCYBIN THAT ARE CULTIVATED UNDER CONTROLLED CONDITIONS.
   2. THE DEPARTMENT MAY ISSUE A CULTIVATOR LICENSE TO  A  CULTIVATOR  OF
 PSILOCYBIN-CONTAINING FUNGI TO CULTIVATE AND ENGAGE IN COMMERCIAL TRANS-
 ACTIONS  OF  PSILOCYBIN-CONTAINING  FUNGI  CONSISTENT WITH THIS TITLE TO
 PSILOCYBIN PERMIT HOLDERS. CULTIVATION  OF  PSILOCYBIN-CONTAINING  FUNGI
 INCLUDES  PRODUCTION,  MANUFACTURE, PROCESSING, AND REQUIRED TESTING AND
 DISCLOSURES.  COMMERCIAL  TRANSACTION  OF  PSILOCYBIN-CONTAINING   FUNGI
 INCLUDE, SALE, DISTRIBUTION, AND DELIVERY.
   3.  TO  OBTAIN A CULTIVATOR LICENSE, AN APPLICANT MUST SHOW ABILITY TO
 SATISFY THE REQUIREMENTS OF THIS SECTION. MAINTENANCE  OF  A  CULTIVATOR
 LICENSE  REQUIRES  THE DEMONSTRATION OF THE SATISFACTION OF ALL REQUIRE-
 MENTS OF THIS SECTION AND ANY REGULATIONS PROMULGATED BY THE  DEPARTMENT
 PURSUANT TO THIS SECTION.
   4. A LICENSED CULTIVATOR MUST CULTIVATE PSILOCYBIN-CONTAINING FUNGI IN
 A  PROPERLY ZONED AND LICENSED FACILITY APPROVED FOR CULTIVATION.  PROC-
 ESSING AND PACKAGING OF PSILOCYBIN-CONTAINING FUNGI MUST BE PERFORMED IN
 A MANNER CONSISTENT WITH THE RELEVANT SAFETY REGULATIONS.    PSILOCYBIN-
 CONTAINING FUNGI MUST BE STORED UNDER SANITARY CONDITIONS.
   5.  A  LICENSED CULTIVATOR SHALL CULTIVATE PSILOCYBIN-CONTAINING FUNGI
 USING CONTROLLED CONDITIONS THAT ADHERE TO CURRENT FOOD SAFETY  PROTOCOL
 IN ORDER TO REASONABLY REDUCE FUNGI CONTAMINANTS.
   6. A LICENSED CULTIVATOR SHALL CLEARLY LABEL THE PSILOCYBIN-CONTAINING
 FUNGI  WITH THE REQUIRED DISCLOSURES, INCLUDING THE FULL REGISTERED NAME
 OF  THE  LICENSED  CULTIVATOR,  SUCH  CULTIVATOR'S  OFFICE  ADDRESS,   A
 DESCRIPTION  OF CONTENTS PROVIDING THE DISCLOSURE OF THE STRAIN, AND THE
 CULTURE-SPECIFIC APPROXIMATE PSILOCYBIN EQUIVALENT POTENCY OF THE PSILO-
 CYBIN-CONTAINING FUNGI.
   7. A LICENSED CULTIVATOR SHALL  ENGAGE  IN  ANNUAL  TESTING  FOR  EACH
 CULTURE USED FOR CULTIVATION IN ORDER TO REASONABLY CONFIRM SATISFACTION
 OF  ALL RELEVANT PROTOCOL, INCLUDING STRAIN AND POTENCY, THROUGH AUTHOR-
 IZED IN-STATE TESTING FACILITIES, AS REGULATED BY  THE  DEPARTMENT.  ANY
 NEW CULTURES SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
   8. A LICENSED CULTIVATOR MAY SELL DIRECTLY TO PERMIT HOLDERS WITHIN AN
 INTRASTATE  SYSTEM  ESTABLISHED  BY  THE  DEPARTMENT.  SALES BY LICENSED
 CULTIVATORS MAY  BE  ACCOMPLISHED  USING  DIRECT  TO  CONSUMER  DELIVERY
 SERVICES SOLELY TO PERMIT HOLDERS IN THE STATE. DELIVERIES MAY BE FACIL-
 ITATED  BY  CONTRACTING  WITH ADDITIONAL PERSONS OR BUSINESS ENTERPRISES
 AND REMAIN AN AUTHORIZED ACTIVITY PURSUANT TO A CULTIVATOR LICENSE.
   9.   SALES SHALL NOT NEED TO BE  THROUGH  A  DISPENSARY,  HOWEVER  THE
 DEPARTMENT  MAY PROMULGATE RULES RELATED TO A DISPENSARY CONTRACTED WITH
 A LICENSED CULTIVATOR AND MEETS OTHER APPLICABLE  REQUIREMENTS  OF  THIS
 TITLE.
   10.  ANY COMMERCIAL TRANSACTION REQUIRES PROVISION OF AN INFORMATIONAL
 DOCUMENT  THAT GIVES INFORMATION ABOUT STRENGTH OF PSILOCYBIN-CONTAINING
 FUNGI AND DOSING AND IDENTIFIES OPTIONAL SUPPORT SERVICE PROVIDERS.
 A. 10375                            9
 
   11. ANY PERSON OR BUSINESS ENTERPRISE THAT IS CONTRACTED FOR  SERVICES
 BY  A  LICENSED  CULTIVATOR, FOR OR TO ACCOMPLISH AN AUTHORIZED ACTIVITY
 UNDER SUCH CULTIVATOR LICENSE, SUCH AS DELIVERY SERVICES TO PERMIT HOLD-
 ERS OR TESTING OF POTENCY, SHALL BE CONSIDERED A LICENSEE TO THE  EXTENT
 OF  THE  PERFORMANCE  OF  THE  CONTRACTED  SERVICES  AND SHALL NOT BE IN
 VIOLATION OF THIS TITLE.
   12. LICENSED CULTIVATORS SHALL MAINTAIN SECURE STORAGE  OF  PSILOCYBIN
 PRIOR  TO  DISTRIBUTION  TO  PREVENT DIVERSION AND IN A MANNER THAT WILL
 MAINTAIN THE DISCLOSED POTENCY AND PREVENT CONTAMINATION.
   13. LICENSED CULTIVATORS MUST  MAINTAIN  RECORDS  OF  ALL  CULTIVATION
 PRODUCTION  AND SALES. UPON REQUEST BY THE DEPARTMENT, LICENSED CULTIVA-
 TORS MUST PROVIDE THESE RECORDS AND ENGAGE IN ANNUAL INSPECTIONS.
   14. THE DEPARTMENT SHALL MAINTAIN A REGISTRY OF  CULTIVATORS  WHO  ARE
 LICENSED FOR PERMIT HOLDERS TO PURCHASE PSILOCYBIN-CONTAINING FUNGI.
   § 3369-FF. RELATION TO OTHER LAWS. 1. NOTHING UNDER THIS TITLE PERMITS
 OR  AUTHORIZES  THE PROMOTION OF USE OF PSILOCYBIN AS A DRUG, SUBSTANCE,
 OR PRODUCT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE  OR
 MENTAL HEALTH OR OTHER HEALTH CONDITIONS.
   2.  SECTION  THREE THOUSAND THREE HUNDRED SIX OF THIS ARTICLE SHALL BE
 AMENDED TO REMOVE "PSILOCYBIN" AND  "PSILOCIN"  FROM  THE  SCHEDULES  OF
 CONTROLLED  SUBSTANCES  AND TO PROVIDE AN EXCEPTION FOR "PSILOCYBIN" AND
 "PSILOCIN" FROM "HALLUCINOGENIC SUBSTANCES".
   3. FOR THE PURPOSES OF THIS TITLE, PSILOCYBIN AND PSILOCIN  SHALL  NOT
 BE  DEEMED  TO BE A "DRUG" FOR PURPOSES OF SUBDIVISION TWELVE OF SECTION
 THREE THOUSAND THREE HUNDRED TWO OF THIS ARTICLE.
   4. FOR THE PURPOSES OF  THIS  TITLE,  PSILOCYBIN-CONTAINING  MUSHROOMS
 SHALL  NOT  BE  DEEMED  A FOOD OR FOOD PRODUCT UNDER THE AGRICULTURE AND
 MARKETS LAW.
   5. FOR THE PURPOSES OF THIS TITLE, PSILOCYBIN SHALL NOT BE  DEEMED  TO
 BE  A  "DRUG"  FOR  PURPOSES  OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE
 EDUCATION LAW AND IS NOT INTENDED TO BE DISTRIBUTED THROUGH ANY  PHARMA-
 CY.
   6.  TO USE, MANUFACTURE, DELIVER, SELL, OR DISTRIBUTE PSILOCYBIN WITH-
 OUT AUTHORIZATION BY PSILOCYBIN PERMIT OR CULTIVATOR LICENSE  SHALL  NOT
 EXCEED  A  FINDING OF A VIOLATION PURSUANT TO SECTION 55.10 OF THE PENAL
 LAW.
   7. WHERE A PROVISION OF THIS TITLE CONFLICTS WITH ANOTHER PROVISION OF
 THIS CHAPTER, THIS TITLE SHALL APPLY.
   § 3369-GG. PROTECTIONS. 1. PSILOCYBIN PERMIT HOLDERS, LICENSED  CULTI-
 VATORS, AND CERTIFIED SUPPORT SERVICES PROVIDERS SHALL NOT BE SUBJECT TO
 ARREST,  PROSECUTION,  OR  PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR
 PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL  PENALTY  OR  DISCIPLINARY
 ACTION  BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR
 BUREAU, SOLELY FOR THE ADULT USE OF PSILOCYBIN OR FOR ANY  OTHER  ACTION
 OR CONDUCT IN ACCORDANCE WITH THIS TITLE.
   2.  AN  APPLICANT OR HOLDER OF A PROFESSIONAL OR OCCUPATIONAL LICENSE,
 CERTIFICATION, OR REGISTRATION UNDER  STATE  LAW  AND  THROUGH  A  STATE
 DEPARTMENT SHALL NOT BE SUBJECT TO DISQUALIFICATION, DENIAL, SUSPENSION,
 REVOCATION,  PROFESSIONAL  DISCIPLINE, OR LOSS OF A PROFESSIONAL LICENSE
 OR CERTIFICATION FOR ANY ACTIVITIES AUTHORIZED UNDER THIS TITLE.
   3. NO  PERSON  SHALL  BE  DISQUALIFIED  FROM  ANY  AUTHORIZED  RIGHTS,
 PROGRAMS,  OR  PROVISION OF THIS TITLE DUE TO A VIOLATION OF ANY FEDERAL
 OR STATE LAWS RELATING TO CONTROLLED SUBSTANCES.
   4. A PROFESSIONAL OR OCCUPATIONAL LICENSEE OR ANY PERSON  WITH  LICEN-
 SURE,  CERTIFICATION, OR REGISTRATION UNDER STATE LAW OR THROUGH A STATE
 DEPARTMENT SHALL HAVE THE RIGHT TO PROVIDE SERVICES WITHIN THE SCOPE  OF
 A. 10375                           10
 
 SUCH  LICENSE  OR  CERTIFICATION  TO SUPPORT CLIENTS OR PATIENTS WHO ARE
 SEEKING TO BECOME OR ARE PSILOCYBIN PERMIT HOLDERS  IN  CONNECTION  WITH
 CONDUCT  AUTHORIZED  UNDER  THIS  TITLE,  INCLUDING  BUT  NOT LIMITED TO
 DISCUSSIONS  WITH  SUCH LICENSEE'S PATIENTS ABOUT THE POTENTIAL BENEFITS
 AND RISKS OF ADULT USE OF PSILOCYBIN.
   5. THIS SUBDIVISION SHALL NOT BAR THE ENFORCEMENT OF A POLICY  PROHIB-
 ITING  AN  EMPLOYEE  FROM  PERFORMING  SUCH EMPLOYEE'S EMPLOYMENT DUTIES
 WHILE IMPAIRED BY A CONTROLLED SUBSTANCE.  THIS  SUBDIVISION  SHALL  NOT
 REQUIRE  ANY  PERSON  OR  BUSINESS  ENTERPRISE TO ENGAGE IN ANY ACT THAT
 WOULD PUT THE PERSON OR  BUSINESS  ENTERPRISE  IN  DIRECT  VIOLATION  OF
 FEDERAL LAW OR CAUSE IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
   6. AN OTHERWISE ENFORCEABLE CONTRACT RELATED TO PROGRAMS OR ACTIVITIES
 AUTHORIZED  UNDER  THIS TITLE SHALL NOT BE UNENFORCEABLE ON THE BASIS OF
 STATE OR FEDERAL CONTROLLED SUBSTANCES LAWS.
   7. USE OF PSILOCYBIN BY INGESTION MAY ONLY BE CONSIDERED TO  CAUSE  AN
 INTOXICATED  STATE WHEN SUBSTANTIALLY IMPAIRED, AND ANY RELATED CONDUCT,
 INCLUDING DRIVING, SHALL BE REGULATED CONSISTENT WITH  APPLICABLE  STATE
 LAWS  INCLUDING  LAWS  RESTRICTING  DRIVING  UNDER THE INFLUENCE. A DRUG
 SCREENING THAT CONTAINS POSITIVE RESULTS OF THE USE OF PSILOCYBIN IS NOT
 SUFFICIENT EVIDENCE TO DEMONSTRATE INTOXICATION  WITHOUT  OTHER  CONDUCT
 THAT INDICATES IMPAIRMENT.
   8. (A) THE FACT THAT A PERSON IS A PSILOCYBIN PERMIT HOLDER, A SUPPORT
 SERVICES  PROVIDER,  A  LICENSED  CULTIVATOR AND/OR ACTING IN ACCORDANCE
 WITH THIS TITLE SHALL NOT BE A CONSIDERATION IN A PROCEEDING PURSUANT TO
 APPLICABLE SECTIONS OF THE DOMESTIC RELATIONS LAW, THE FAMILY COURT ACT,
 OR THE SOCIAL SERVICES LAW.
   (B) CONDUCT PERMITTED BY THIS TITLE SHALL NOT, BY ITSELF:
   (I) CONSTITUTE CHILD ABUSE OR NEGLECT  WITHOUT  A  FINDING  OF  ACTUAL
 THREAT  TO  THE  HEALTH  OR  WELFARE  OF  A  CHILD BASED ON ALL RELEVANT
 FACTORS;
   (II) BE THE BASIS TO RESTRICT PARENTING  TIME  WITH  A  CHILD  WITHOUT
 FINDING  THAT  THE  PARENTING TIME WOULD ENDANGER SUCH CHILD'S EMOTIONAL
 DEVELOPMENT; OR
   (III) BE THE BASIS TO  DENY  ELIGIBILITY  FOR  ANY  PUBLIC  ASSISTANCE
 PROGRAM, UNLESS REQUIRED BY FEDERAL LAW.
   9.  (A)  INFORMATION CONTAINED IN ANY DATABASE CREATED AS PART OF THIS
 TITLE SHALL BE DEEMED  EXEMPT  FROM  PUBLIC  DISCLOSURE  UNDER  SECTIONS
 EIGHTY-SEVEN AND EIGHTY-NINE OF THE PUBLIC OFFICERS LAW.
   (B)  THE  NAME, CONTACT INFORMATION, AND OTHER INFORMATION RELATING TO
 SUPPORT SERVICES PROVIDERS REGISTERED WITH  THE  DEPARTMENT  UNDER  THIS
 TITLE SHALL BE PUBLIC INFORMATION AND SHALL BE MAINTAINED ON THE DEPART-
 MENT'S  WEBSITE AND ACCESSIBLE TO THE PUBLIC IN SEARCHABLE FORM.  HOWEV-
 ER, IF A SUPPORT SERVICES PROVIDER NOTIFIES THE  DEPARTMENT  IN  WRITING
 THAT  SUCH  SUPPORT SERVICES PROVIDER DOES NOT WANT SUCH PROVIDER'S NAME
 AND OTHER INFORMATION DISCLOSED, SUCH SUPPORT SERVICES  PROVIDER'S  NAME
 AND  OTHER  INFORMATION  SHALL  THEREAFTER  NOT BE PUBLIC INFORMATION OR
 MAINTAINED ON THE DEPARTMENT OF EDUCATION'S WEBSITE, UNLESS THE  SUPPORT
 SERVICES PROVIDER CANCELS THE REQUEST.
   §  3369-HH.  REGULATED  PSILOCYBIN  ADVISORY  BOARD.  1. THE REGULATED
 PSILOCYBIN ADVISORY BOARD OR "ADVISORY BOARD" IS ESTABLISHED WITHIN  THE
 DEPARTMENT  TO  ADVISE  AND  ISSUE  RECOMMENDATIONS  ON THE ADULT USE OF
 PSILOCYBIN AND ALL PROGRAMS UNDER THIS TITLE IN THE STATE OF NEW YORK.
   2. THE ADVISORY BOARD  SHALL  CONSIST  OF  THIRTEEN  VOTING  APPOINTED
 MEMBERS, ALONG WITH THE FOLLOWING MEMBERS SERVING AS NON-VOTING EX-OFFI-
 CIO  MEMBERS:  (A) THE COMMISSIONER, OR THEIR DESIGNEE; AND (B) A REPRE-
 A. 10375                           11
 
 SENTATIVE FROM  THE  DEPARTMENT  WHO  IS  FAMILIAR  WITH  PUBLIC  HEALTH
 PROGRAMS AND PUBLIC HEALTH ACTIVITIES IN THE STATE.
   3.  THE  GOVERNOR SHALL HAVE SEVEN APPOINTMENTS, AT LEAST ONE OF WHICH
 SHALL BE A MEMBER OF A  FEDERAL  OR  STATE  RECOGNIZED  NATIVE  AMERICAN
 TRIBE,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE AND THE SPEAKER OF THE
 ASSEMBLY SHALL EACH HAVE THREE APPOINTMENTS TO THE BOARD. ADVISORY BOARD
 MEMBERS SHALL HAVE STATEWIDE GEOGRAPHIC REPRESENTATION THAT IS  BALANCED
 AND  DIVERSE  IN ITS COMPOSITION. APPOINTED MEMBERS SHALL HAVE AN EXPER-
 TISE IN AGRICULTURE AND MYCOLOGY, PUBLIC AND BEHAVIORAL HEALTH, PSILOCY-
 BIN-ASSISTED THERAPY RESEARCH, MENTAL HEALTH (INCLUDING PTSD, DEPRESSION
 AND ANXIETY), SUBSTANCE USE DISORDERS, PAIN MANAGEMENT, ACCESS  TO  CARE
 IN  UNDERSERVED COMMUNITIES, VETERAN HEALTH CARE, POLICY OR LEGAL EXPER-
 TISE RELATED TO PSILOCYBIN, PHARMACOLOGY, OR  HARM  REDUCTION  AND  RISK
 REDUCTION TRAINING.
   4.  THE MEMBERS SHALL BE APPOINTED TO THE ADVISORY BOARD TO EACH SERVE
 FOUR-YEAR TERMS AND IN THE EVENT OF A  VACANCY,  THE  VACANCY  SHALL  BE
 FILLED  IN  THE  MANNER OF THE ORIGINAL APPOINTMENT FOR THE REMAINDER OF
 THE TERM. THE APPOINTED MEMBERS AND  REPRESENTATIVES  SHALL  RECEIVE  NO
 COMPENSATION  FOR  THEIR  SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND
 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS  BOARD
 MEMBERS.
   5.  THE  CHAIRPERSON  OF  THE  ADVISORY BOARD AND THE VICE CHAIRPERSON
 SHALL BE ELECTED FROM AMONG THE MEMBERS OF THE  ADVISORY  BOARD  BY  THE
 MEMBERS OF SUCH ADVISORY BOARD. THE VICE CHAIRPERSON SHALL REPRESENT THE
 ADVISORY  BOARD  IN THE ABSENCE OF THE CHAIRPERSON AT ALL OFFICIAL ADVI-
 SORY BOARD FUNCTIONS.
   6. THE ADVISORY BOARD SHALL ENACT, AND FROM TIME TO  TIME  MAY  AMEND,
 BYLAWS  OR  RULES IN RELATION TO ITS MEETINGS AND THE TRANSACTION OF ITS
 BUSINESS. THE BOARD MAY  ALSO  ESTABLISH  COMMITTEES  AND  SUBCOMMITTEES
 NECESSARY  FOR THE OPERATION OF THE BOARD. THE ADVISORY BOARD SHALL WORK
 WITH ESTABLISHED  RELIGIOUS,  CULTURAL  AND  COMMUNITY-BASED  PSILOCYBIN
 GROUPS  AND  CULTIVATORS  ON RECOMMENDATIONS TO THE DEPARTMENT REGARDING
 GUIDELINES FOR SAFE AND EFFECTIVE SERVICES, SAFETY  STANDARDS,  INDUSTRY
 BEST  PRACTICES,  CODE OF PROFESSIONAL CONDUCT, EDUCATION, TRAINING, AND
 EXAMINATION FOR SUPPORT SERVICES PROVIDERS,  PRODUCTION,  AND  LONG-TERM
 STRATEGIC  PLANS  FOR  SERVICE. A MAJORITY OF THE TOTAL NUMBER OF VOTING
 MEMBERS WHICH THE BOARD  WOULD  HAVE  WERE  THERE  NO  VACANCIES,  SHALL
 CONSTITUTE A QUORUM AND SHALL BE REQUIRED FOR THE BOARD TO CONDUCT BUSI-
 NESS.  ALL  MEETINGS OF THE ADVISORY BOARD SHALL BE CONDUCTED IN ACCORD-
 ANCE WITH THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
   (A) WITHIN THE FIRST TWO YEARS OF THE ESTABLISHMENT  OF  THE  ADVISORY
 BOARD, THE BOARD SHALL MEET AT LEAST ONCE EVERY CALENDAR MONTH AT A TIME
 AND  PLACE  DETERMINED  BY  THE  CHAIRPERSON OR A MAJORITY OF THE VOTING
 MEMBERS OF THE BOARD. AFTER THE FIRST  TWO  YEARS,  THE  ADVISORY  BOARD
 SHALL  MEET  AT  LEAST  ONCE  EVERY CALENDAR QUARTER AT A TIME AND PLACE
 DETERMINED BY THE CHAIRPERSON OR A MAJORITY OF THE VOTING MEMBERS OF THE
 BOARD. THE ADVISORY BOARD MAY ALSO MEET AT OTHER TIMES AND PLACES SPECI-
 FIED BY THE CALL OF THE CHAIRPERSON OR  OF  A  MAJORITY  OF  THE  VOTING
 MEMBERS OF THE BOARD.
   (B)  AFTER THE FIRST YEAR OF THE IMPLEMENTATION OF THE PROGRAMS, THERE
 SHALL BE: (I) A PROGRAM AUDIT INCORPORATING PERMIT HOLDER OPTIONAL FEED-
 BACK THROUGH THE REPORTING PROGRAM; AND (II)  A  STATE  AND  INDEPENDENT
 REVIEW OF EFFICACY, EFFICIENCY, COST, AND EQUITY. THE AUDIT WILL INCLUDE
 CONSIDERATION  OF WHETHER AND HOW TO EXPAND PSILOCYBIN ACCESS, INCLUDING
 ADDITIONAL CERTIFICATIONS AND LICENSES RELATING TO USE OF PSILOCYBIN  IN
 A. 10375                           12
 
 CONNECTION  WITH  QUALIFYING  HEALTH  CONDITIONS AND PSILOCYBIN ASSISTED
 THERAPY.
   7. THE ADVISORY BOARD SHALL HAVE THE FOLLOWING DUTIES:
   (A)  PROVIDE ADVICE TO THE DEPARTMENT REGARDING THE PROVISIONS OF THIS
 TITLE AND MAKE  RECOMMENDATIONS  ON  AVAILABLE  MEDICAL,  PSYCHOLOGICAL,
 SCIENTIFIC STUDIES, RESEARCH AND OTHER INFORMATION RELATING TO THE SAFE-
 TY OF USE OF PSILOCYBIN.
   (B)  DETERMINE  EXCLUSION  CRITERIA TO PRECLUDE ISSUANCE OF PSILOCYBIN
 PERMITS.
   (C) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON THE REQUIREMENTS,  SPEC-
 IFICATIONS,  AND  GUIDELINES  FOR PROVIDING SUPPORT SERVICES TO A PERMIT
 HOLDER.
   (D) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON PUBLIC HEALTH AND SAFETY
 STANDARDS AND INDUSTRY BEST PRACTICES UNDER THIS TITLE.
   (E) DEVELOP A LONG-TERM STRATEGIC PLAN FOR  ENSURING  THAT  PSILOCYBIN
 SERVICES  IN  THE  STATE  WILL  BECOME AND REMAIN A SAFE, ACCESSIBLE AND
 AFFORDABLE THERAPEUTIC OPTION,  INCLUDING  IN  THERAPEUTIC  AND  MEDICAL
 TREATMENTS,  FOR  ALL  PERSONS  EIGHTEEN YEARS OF AGE AND OLDER FOR WHOM
 PSILOCYBIN SERVICES MAY BE APPROPRIATE.
   (F) MONITOR AND STUDY FEDERAL LAWS, REGULATIONS AND POLICIES REGARDING
 PSILOCYBIN.
   § 3369-II. TAXATION OF PSILOCYBIN REGULATED ACTIVITIES.   1.  NOTWITH-
 STANDING  ANY  LAWS TO THE CONTRARY, PERSONS OR BUSINESS ENTERPRISES WHO
 COLLECT ANY AMOUNTS OF MONIES UNDER THIS TITLE, INCLUDING BUT NOT LIMIT-
 ED  TO  FOR  SUPPORT  SERVICES,  REMUNERATION  FOR  PSILOCYBIN  PROPERLY
 DISTRIBUTED  BY  A  LICENSED  CULTIVATOR, AND FEES FOR COURSES, SHALL BE
 TAXED AS INCOME UNDER STATE LAW.
   2. ANY EXPENSES INCURRED IN ANY BUSINESS OPERATED IN  ACCORDANCE  WITH
 THIS TITLE SHALL BE TREATED AS TAX-DEDUCTIBLE UNDER STATE LAW.
   3.  PROCEEDS  AND  FEES  UNDER THIS TITLE SHALL BE USED TO SUPPORT THE
 COSTS OF THE DEPARTMENT TOWARDS ADMINISTRATION AND OTHER COSTS  RELATING
 TO  PROGRAMS PURSUANT TO THIS TITLE, INCLUDING BUT NOT LIMITED TO PUBLIC
 EDUCATION AND RISKS OF USING PSILOCYBIN.
   4. THE DEPARTMENT SHALL ISSUE REGULATIONS TO IMPLEMENT AND IMPOSE  THE
 TAX.
   § 2. This act shall take effect immediately.