justicedao/ipfs_state_laws huggingface dataset:
333-333-5130 Facilitator Scope of Practice (1) A facilitator shall not engage in any conduct that requires additional professional licensure while providing psilocybin services to clients, including but not limited to diagnosing and treating physical or mental health conditions. (2) A facilitator is prohibited from transferring, selling or otherwise handling any psilocybin product while they are facilitating a preparation, administration or integration session, regardless of whether the facilitator is also a licensee representative of a service center. (3) If a facilitator holds a professional license in another field, the facilitator shall not exercise the privileges of that license while providing psilocybin services to clients during preparation, administration or integration sessions. (4) A facilitator may only conduct administration sessions at a licensed psilocybin service center. (5) A facilitator who holds a license issued by the following boards must notify the Oregon Health Authority (Authority) in a form and manner prescribed by the Authority: (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) The State Board of Licensed Social Workers. (g) The State Board of Pharmacy. (6) Notwithstanding section (1) and (3) of this rule, a facilitator who has notified the Authority of their license status as required by section (5) may provide health care or behavioral health care services during preparation and integration sessions as long as the facilitator also notifies the client prior to providing health care or behavioral health care services. (7) A facilitator is prohibited from providing psilocybin services in a manner that violates these rules. (8) A facilitator is prohibited from providing psilocybin services in a manner that violates any provision of ORS chapter 475A. Statutory/Other Authority: ORS 475A.235, ORS 475A.340 & Oregon Laws 2025, chapter 147 Statutes/Other Implemented: ORS 475A.340 & Oregon Laws 2025, chapter 147 History: PH 4-2026, minor correction filed 01/07/2026, effective 01/07/2026 PH 21-2025, amend filed 10/24/2025, effective 01/01/2026 PH 5-2025, minor correction filed 01/23/2025, effective 01/23/2025 PH 82-2024, amend filed 11/22/2024, effective 01/01/2025 PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-5140 Duty to Report Misconduct (1) Any licensee, licensee representative or permittee who witnesses or becomes aware of licensee or permitted worker conduct involving a client or the manufacturing, testing, storage or transfer of psilocybin products that violates ORS chapter 475A or these rules, or any conduct that violates OAR 333-333-5120, must report that conduct to the Oregon Health Authority (Authority) within 24 hours. (2) Any licensee, licensee representative or permittee who witnesses or becomes aware of conduct that harms or potentially endangers a client must report that conduct to the Authority within 24 hours in a form and manner prescribed by the Authority. (3) Failure to report as required by sections (1) and (2) of this rule is a violation, separate from any violations that may have occurred as a result of the underlying conduct. (4) For purposes of this section “retaliate” means taking a negative action related to employment, contracting or the provision of services but does not include making ordinary business decisions that are unrelated to reports, cooperation or participation in an Authority investigation or hearing process. A licensee or permittee may not retaliate against an individual or entity on the basis that the individual or entity has: (a) Reported in good faith to the Authority that the licensee or permittee is alleged to have violated ORS chapter 475A or these rules; or (b) Cooperated or participated in an Authority investigation or hearing process. (5) This rule does not prevent service centers and facilitators from refusing to provide services to clients as described in ORS 475A.370 Statutory/Other Authority: ORS 475A.235 & ORS 475A.340 Statutes/Other Implemented: ORS 475A.340 & ORS 475A.370 History: PH 82-2024, amend filed 11/22/2024, effective 01/01/2025 PH 58-2023, amend filed 12/21/2023, effective 01/01/2024 PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-5150 Transportation Plans (1) A facilitator must create and record a transportation plan in a form and manner prescribed by the Oregon Health Authority for every client who will participate in an administration session. (2) Transportation plans must be signed by the client and describe how the client will access safe transportation away from the service center at the conclusion of an administration session. (3) Transportation plans shall advise a client not to operate a motor vehicle directly following an administration session. Facilitators shall make reasonable efforts to prevent clients from operating a motor vehicle at the conclusion of an administration session. If a client’s failure to follow their transportation plan creates a danger to the client’s safety or the safety of others, a facilitator must make reasonable efforts to resolve the safety issue. (4) If facilitators are unable to resolve safety issues caused by client’s failure to follow their transportation plan after making reasonable efforts required by section (3) of this rule, a facilitator or licensee representative must contact appropriate emergency services. (5) If a client is unable to follow their transportation plan, a facilitator or licensee representative must make reasonable efforts to arrange for alternative transportation. (6) A facilitator must document in writing and retain documentation for all instances in which a client does not follow their transportation plan. (7) All client records, including any copies of client records, described by this rule must be stored at the service center where the client participates or intends to participate in an administration session as required by OAR 333-333-4820. Statutory/Other Authority: ORS 475A.235 & ORS 475A.340 Statutes/Other Implemented: ORS 475A.340 History: PH 21-2025, amend filed 10/24/2025, effective 01/01/2026 PH 82-2024, amend filed 11/22/2024, effective 01/01/2025 PH 58-2023, amend filed 12/21/2023, effective 01/01/2024 PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-5160 Sale of Psilocybin Services A facilitator must list fees for psilocybin products separately from fees for preparation, administration and integration sessions and must specify whether those fees will be paid directly to the facilitator or to the service center where the client receives psilocybin services. Statutory/Other Authority: ORS 475A.235 & ORS 475A.340 Statutes/Other Implemented: ORS 475A.340 History: PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-5180 Collection of Taxes (1) A service center must collect from clients, at the point of sale, the tax imposed on psilocybin products under ORS 475A.662 and ORS 475A.666. (2) A service center must hold the tax described in section (1) of this rule in trust for the State of Oregon and remit the tax to the Oregon Department of Revenue in accordance with Department of Revenue rules. (3) A service center must cooperate with Oregon Department of Revenue during any investigations of compliance with this rule, ORS 475A.662, ORS 475A.666, or any Department of Revenue rules related to sale and reporting of taxes imposed on psilocybin products. This includes but it is not limited to providing the Oregon Department of Revenue evidence when requested to do so. (4) A service center must separately state the cost of psilocybin products and the tax owed on any invoice or receipt provided to clients. (5) A service center may not collect a tax on psilocybin products except for the tax imposed on psilocybin products under ORS 475A.662 and ORS 475A.666. (6) A service center may not collect a tax on the cost for psilocybin services. (7) Notwithstanding section (1) of this rule, a service center may collect a deposit from a client prior to an administration session for the costs of psilocybin products to be consumed during the administration session, including a projected tax amount. The operator must hold the deposit in trust on behalf of the client until completion of the administration session. Statutory/Other Authority: ORS 475A.235 Statutes/Other Implemented: ORS 475A.235 & ORS 475A.666 History: PH 82-2024, amend filed 11/22/2024, effective 01/01/2025 PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-5210 Outdoor Administration Sessions (1) Facilitators may conduct outdoor administration sessions within designated outdoor administration areas at a service center. (2) Outdoor administration areas must be free of falling hazards, drowning hazards and any other conditions that could pose a safety risk to clients. (3) The boundaries of an outdoor administration area must be clearly marked with visible signage or barriers. (4) Administration sessions may not be conducted outdoors if weather or air quality conditions present a risk to the health and safety of clients. (5) Service centers with designated outdoor administration areas must also have an indoor administration area available for use if weather or air quality conditions present a risk to the health and safety of clients. Statutory/Other Authority: ORS 475A.235 Statutes/Other Implemented: ORS 475A.235 & ORS 475A.340 History: PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-5240 Consumption Limits (1) A service center licensee or licensee representative may not allow a client to consume more than a total of 50 mg of psilocybin analyte, including initial and secondary doses, during an administration session or during a 24- hour period. Both initial doses and secondary doses described in this rule may be transferred and consumed in multiple packages. For example, a dose consisting of 20 mg of psilocybin analyte could be transferred to a client in the form of two packages containing 10 mg of psilocybin of analyte. (2) A service center licensee or licensee representative may permit a client to consume secondary doses of psilocybin product during an administration session as long as the secondary dose is total amount of psilocybin analyte contained in the products is 50 mg or less. (3) If a client wants the option to consume secondary doses during their administration session, up to a total of 50 mg of psilocybin analyte, a service center must: (a) Receive written consent in a form and manner prescribed by the Oregon Health Authority from the client prior to the beginning of their administration session. (b) Require the client to purchase and take possession of secondary doses prior to beginning their administration session. (c) Require the client to store secondary doses at a designated secured location outside of a limited access area and within the service center’s licensed premises. (d) Require the client, or a client support person subject to the requirements of OAR 333-333-5050(5)(f)(B) or (m) and OAR 333-333-5070, to retrieve secondary doses from the designated location and consume without assistance from a licensee representative or facilitator if the client chooses to consume the secondary dose. (e) Ensure that secondary doses remain in sealed client packaging until consumed. (f) Require the client to return the secondary dose to the service center at the conclusion of their administration if they do not consume it during their administration session. (4) A service center licensee or licensee representative may decline to make secondary doses available for purchase for any reason. (5) During an administration session, a service center licensee representative, in consultation with the client’s facilitator, may decline to make a secondary dose available to a client who has purchased the secondary dose pursuant to section (3) of this rule. A service center must provide clients a refund for the purchase price of any secondary dose that is not made available to clients. (6) A service center must provide clients a refund for the purchase price of any secondary dose that is not consumed and remains in its original sealed client packaging. After providing a refund, a service center may make the product in its original sealed client packaging available for sale to other clients. Statutory/Other Authority: ORS 475A.235 Statutes/Other Implemented: ORS 475A.235, ORS 475A.340 & ORS 475A.504 History: PH 82-2024, amend filed 11/22/2024, effective 01/01/2025 PH 58-2023, amend filed 12/21/2023, effective 01/01/2024 PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-5260 Integration Session (1) A facilitator shall offer clients the opportunity to participate in one or more integration sessions following participation in an administration session. (2) A facilitator must use a nondirective facilitation approach to an integration session and comply with OAR 333-333-5130 during an integration session. (3) Except practicum site supervisors, lead educators and students participating in a practicum with the client’s prior written consent, only clients, facilitators and client support persons may be present during an integration session. (4) A facilitator may provide a client information regarding other services, including but not limited to peer support groups and community resources, in support of a client’s ongoing integration needs. (5) Integration sessions may be offered in person or virtually using video conferencing technology. Statutory/Other Authority: ORS 475A.235 Statutes/Other Implemented: ORS 475A.235 & ORS 475A.340 History: PH 58-2023, amend filed 12/21/2023, effective 01/01/2024 PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-6030 Laboratory Licensee Prohibited Conduct (1) In addition to the prohibitions set forth in OAR 333-333-6000, a laboratory licensee may not: (a) Perform any required psilocybin sampling or testing using any sampling or testing methods or equipment not permitted under the laboratory’s accreditation through the Oregon Environmental Laboratory Accreditation Program. (b) Perform any required psilocybin sampling or testing for any licensed psilocybin manufacturer in which the laboratory licensee has a financial interest. (c) Receive, possess or perform sampling and testing of psilocybin products from any source other than a licensed premises as allowed by these rules. (d) Engage in any activity that violates any provision of ORS chapter 475A, OAR chapter 333, division 64 as applicable, or these rules. (2) Samples of psilocybin products received for tests required by OAR 333-333-7030, OAR 333-333-7040, OAR 333-333-7050, OAR 333-333-7060, OAR 333-333-7070, OAR 333-333-7080 may only be used to perform the compliance test that was ordered and for the purpose of establishing instrument calibration or validating laboratory processes necessary for testing required under ORS 475A.590. (3) Notwithstanding section (2) of this rule, any unused portions of samples collected and retained for the purpose of performing compliance tests may be used to perform quality control tests pursuant to OAR 333-333-7150 upon a manufacturer’s request. (4) Nothing in these rules prohibits testing laboratory licensees from possessing Psilocybe cubensis for purposes of method validation. (5) The Oregon Health Authority may suspend or revoke a laboratory license for any violation of ORS chapter 475A, OAR chapter 333, division 64, or these rules. The licensee has a right to a hearing under the procedures of ORS chapter 183. Statutory/Other Authority: ORS 475A.235 & ORS 475A.594 Statutes/Other Implemented: ORS 475A.235 History: PH 82-2024, amend filed 11/22/2024, effective 01/01/2025 PH 58-2023, amend filed 12/21/2023, effective 01/01/2024 PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-6040 Dishonest Conduct (1) False Statements. A licensee or permittee may not make a false statement or representation to the Oregon Health Authority (Authority) in order to induce or prevent action or investigation by the Authority. (2) Psilocybin Product Misrepresentations. A licensee or permittee may not misrepresent any psilocybin item or services to a consumer, licensee, or the public, including: (a) Misrepresenting the contents of a psilocybin product. (b) Misrepresenting the testing results of a psilocybin product. (c) Making representations or claims that the psilocybin product or services have curative or therapeutic effects unless the representation or claim is supported by the totality of publicly available scientific evidence (including evidence from well-designed studies conducted in a manner that is consistent with generally recognized scientific procedures and principles), and for which there is significant scientific agreement, among experts qualified by scientific training and experience to evaluate such claims. (3) A licensee may not produce, possess or supply adulterated psilocybin items. (4) Evidence. A licensee or permittee may not destroy, damage, alter, remove or conceal potential evidence, or attempt to do so, or ask or encourage another person to do so. Statutory/Other Authority: ORS 475A.235 Statutes/Other Implemented: ORS 475A.235 History: PH 82-2024, amend filed 11/22/2024, effective 01/01/2025 PH 58-2023, amend filed 12/21/2023, effective 01/01/2024 PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-6100 Advertising Restrictions (1) Advertising for psilocybin products and services may not: (a) Contain statements that are deceptive, false, or misleading. (b) Contain any content that can reasonably be considered to target individuals under the age of 21, including but not limited to images of minors, cartoons, toys, or similar images and items typically marketed towards minors, or references to products that are commonly associated with minors or marketed by minors. (c) Encourage activity that is illegal under state law. (d) Assert that psilocybin products are safe because they are regulated by the Authority or have been tested by a certified laboratory or otherwise make claims that any government agency endorses or supports psilocybin. (e) Make claims that psilocybin products and services have curative or therapeutic effects or make other health claims that are not supported by the totality of publicly available scientific evidence (including evidence from studies conducted in a manner that is consistent with generally recognized scientific procedures and principles), and for which there is significant scientific agreement, among experts qualified by scientific training and experience to evaluate such claims. (2) A licensee may not make any deceptive, false, or misleading assertions or statements on any informational material, any sign, or any document provided to a consumer. Statutory/Other Authority: ORS 475A.235 Statutes/Other Implemented: ORS 475A.235 History: PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-6110 Advertising Media, Coupons, and Promotions (1) A licensee may not utilize television, radio, billboards, print media or internet advertising unless the licensee has reliable evidence that no more than 30 percent of the audience for the program, publication or Internet website in or on which the advertising is to air or appear is reasonably expected to be under the age of 21. (2) A licensee who advertises via webpage must make reasonable efforts to prevent individuals under 21 years of age from visiting the webpage. Statutory/Other Authority: ORS 475A.235 Statutes/Other Implemented: ORS 475A.235 History: PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-6120 Removal of Objectionable and Non-Conforming Advertising (1) A licensee must remove any sign, display, or advertisement if the Authority determines it violates these rules. (2) The Authority will notify the licensee to identify any non-conforming advertising and provide a reasonable period for the licensee to remove any sign, display or advertisement that does not comply with these rules. Statutory/Other Authority: ORS 475A.235 Statutes/Other Implemented: ORS 475A.235 History: PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-6150 Inspections (1) The Oregon Health Authority (Authority) may conduct: (a) An inspection of a licensed premises at any time to ensure that a licensee or permittee is in compliance with ORS 475A.210 to 475A.722. and these rules. (b) Compliance transactions in order to determine whether a licensee or permittee is complying with ORS 475A.210 to 475A.722.and these rules. (2) The Authority will provide reasonable notice when inspecting a licensed premises except when unannounced inspections are necessary to ensure compliance with ORS 475A.210 to 475A.722 or these rules. (3) A licensee or licensee representative shall make their premises available for inspection after receiving notice as described in section (2) of this rule and must comply with the requirements of OAR 333-333-6000(5) to provide authorized Authority representatives access to the licensed premises in a timely manner. (4) A licensee, licensee representative, or permittee must cooperate with authorized Authority representative’s reasonable requests during an inspection. (5) Authorized Authority representatives will not inspect client administration areas when administration sessions are taking place unless necessary to prevent a serious danger to public health or safety. (6) If a licensee, licensee representative or permittee fails to permit the Authority to conduct an inspection the Authority may issue an investigative subpoena to inspect the licensed premises and gather books, payrolls, accounts, papers, documents or records. Statutory/Other Authority: ORS 475A.235 & ORS 475A.385 Statutes/Other Implemented: ORS 475A.235 & ORS 475A.385 History: PH 21-2025, amend filed 10/24/2025, effective 01/01/2026 PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022
333-333-6160 Investigations (1) For purposes of this rule and OAR 333-333-6040, “evidence” includes but is not limited to, physical objects, documents, records, video recordings and interviews with an Oregon Health Authority (Authority) authorized representative. (2) An applicant, licensee or permittee must cooperate with the Authority during any investigation of compliance with ORS 475A.210 to 475A.722 and these rules and must promptly provide the Authority with evidence when requested to do so, in a manner specified by the Authority. (3) The requirement to provide evidence promptly means: (a) Producing evidence within 10 business days of the Authority’s request unless the Authority grants an extension. (b) Participating in an interview within a reasonable timeframe identified by the Authority. (4) As specified in OAR 333-333-6040(4), an applicant, licensee or permittee may not damage, alter or conceal evidence, including but not limited to redacting client records or other information that was unredacted at the time of the Authority’s request. Statutory/Other Authority: ORS 475A.235 Statutes/Other Implemented: ORS 475A.235 History: PH 82-2024, adopt filed 11/22/2024, effective 01/01/2025