justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.230. Duties of Oregon Psilocybin Advisory Board. 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 information relating to the safety and efficacy of psilocybin in treating mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end-of-life psychological distress; (3) Make recommendations to the authority on the requirements, specifications and guidelines for providing psilocybin services to a client, including: (a) The requirements, specifications and guidelines for holding and verifying the completion of a preparation session, an administration session, and an integration session; and (b) The contents of the client information form that a client must complete and sign before the client participates in an administration session, giving particular consideration to: (A) The information that should be solicited from the client to determine whether the client should participate in the administration session, including information that may identify risk factors and contraindications; (B) The information that should be solicited from the client to assist the psilocybin service center operator and the psilocybin service facilitator in meeting any public health and safety standards and industry best practices during the administration session; and (C) The health and safety warnings and other disclosures that should be made to the client before the client participates in the administration session; (4) Make recommendations to the authority on public health and safety standards and industry best practices for each type of licensee under ORS 475A.210 to
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.235. General powers and duties; rules. (1) The Oregon Health Authority has the duties, functions and powers specified in ORS 475A.210 to 475A.722 and the powers necessary or proper to enable the authority to carry out the authoritys duties, functions and powers under ORS 475A.210 to 475A.722. The jurisdiction, supervision, duties, functions and powers of the authority extend to any person that produces, processes, transports, delivers, sells or purchases a psilocybin product in this state or that provides a psilocybin service in this state. The authority may sue and be sued. (2) The duties, functions and powers of the authority specified in ORS 475A.210 to
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.240. Authority to purchase, possess, seize, transfer to licensee or dispose of psilocybin products. Subject to any applicable provision of ORS chapter 183, the Oregon Health Authority may purchase, possess, seize, transfer to a licensee or dispose of psilocybin products as is necessary for the authority to ensure compliance with and enforce the provisions of ORS 475A.210 to 475A.722 and any rule adopted under ORS 475A.210 to 475A.722.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.243. Powers related to decedents and insolvent or bankrupt persons. The Oregon Health Authority may, by rule or order, provide for the manner and conditions under which: (1) Psilocybin products left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed. (2) The business of a deceased, insolvent or bankrupt licensee may be operated for a reasonable period following the death, insolvency or bankruptcy. (3) A secured party, as defined in ORS 79.0102, may continue to operate at a premises for which a license has been issued under ORS 475A.210 to 475A.722 for a reasonable period after default on the indebtedness by the debtor. [2021 c.1 51] (Application Process and Licenses)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.245. Application process for all licensees; rules. (1) Except as provided in subsection (2) of this section, an applicant for a license or renewal of a license issued under ORS 475A.210 to 475A.722 shall apply to the Oregon Health Authority in the form required by the authority by rule, showing the name and address of the applicant, location of the premises that is to be operated under the license and other pertinent information required by the authority. The authority may not issue or renew a license until the applicant has complied with the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.250. Grounds for refusing to issue license or issuing restricted license. (1) The Oregon Health Authority may not license an applicant under the provisions of ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.255. Authority to require fingerprints of applicants and other individuals. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475A.245. The powers conferred on the authority under this section include the power to require the fingerprints of: (1) If the applicant is a limited partnership, each general partner of the limited partnership; (2) If the applicant is a manager-managed limited liability company, each manager of the limited liability company; (3) If the applicant is a member-managed limited liability company, each voting member of the limited liability company; (4) If the applicant is a corporation, each director and officer of the corporation; and (5) Any individual who holds a financial interest of 10 percent or more in the person applying for the license.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.260. Properties of license. 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 475A.477. (4) Except for a license issued to a psilocybin service facilitator under ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.265. Duties of Oregon Health Authority with respect to issuing licenses. (1) The Oregon Health Authority shall approve or deny an application to be licensed under ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.270. Duty to request land use compatibility statement. (1) Prior to receiving a license under ORS 475A.290 or 475A.305, an applicant shall request a land use compatibility statement from the city or county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. The Oregon Health Authority may not issue a license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable zone. (2) Except as provided in subsection (3) of this section, a city or county that receives a request for a land use compatibility statement under this section must act on that request within 21 days of: (a) Receipt of the request, if the land use is allowable as an outright permitted use; or (b) Final local permit approval, if the land use is allowable as a conditional use. (3) A city or county that receives a request for a land use compatibility statement under this section is not required to act on that request during the period that the authority discontinues licensing those premises pursuant to ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.275. Lawful manufacture, delivery and possession of psilocybin products. Licensees and licensee representatives may manufacture, deliver and possess psilocybin products subject to the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722. The manufacture, delivery or possession of psilocybin products by a licensee or a licensee representative in compliance with ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722 does not constitute a criminal or civil offense under the laws of this state. [2021 c.1 20] Note: As originally enacted by the people, the leadline to ORS 475A.275 read Lawful manufacture, delivery, and possession of psilocybin products. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.280. Restriction on financial interests in multiple licensees. 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.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.285. Authority to hold multiple licenses. 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 c.1 22] (License to Manufacture Psilocybin Products)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.290. Manufacturer license; fees; rules. (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 manufacturer license issued under this section, a psilocybin product manufacturer: (a) Must apply for a license in the manner described in ORS 475A.245; (b) Must provide proof that the applicant is 21 years of age or older; (c) Must, until January 1, 2025: (A) If the direct owner of the business operating or to be operated under the license is a legal entity, provide proof that more than 50 percent of the shares, membership interests, partnership interests, or other ownership interests of the legal entity are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years; (B) If the direct owner of the business operating or to be operated under the license is a partnership that is not a legal entity, provide proof that more than 50 percent of the partnership interests of the partnership are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years; and (C) If the direct owner of the business operating or to be operated under the license is an individual, provide proof that the individual has been a resident of this state for two or more years; and (d) Must meet the requirements of any rule adopted by the authority under subsections (3) and (4) of this section. (3)(a) If the applicant is not the owner of the premises at which the psilocybin is to be manufactured, the applicant shall submit to the authority signed informed consent from the owner of the premises to manufacture psilocybin at the premises. (b) The authority may adopt rules regarding the informed consent described in this subsection. (4) The authority shall adopt rules that: (a) Require a psilocybin product manufacturer to annually renew a license issued under this section; (b) Establish application, licensure and renewal of licensure fees for psilocybin product manufacturers; and (c) Require psilocybin products manufactured by psilocybin product manufacturers to be tested in accordance with ORS 475A.590. (5) Fees adopted under subsection (4)(b) of this section: (a) May not exceed, together with other fees collected under ORS 475A.210 to
ORS Chapter 475a — Psilocybin Regulation

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. (2) An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time following licensure. (3) Only one application and license fee is required regardless of how many endorsements an applicant or licensee requests or at what time the request is made. (4) A psilocybin product manufacturer licensee may hold multiple endorsements. (5) The authority may deny a psilocybin product manufacturers request for an endorsement or revoke an existing endorsement if the psilocybin product manufacturer cannot or does not meet the requirements for the endorsement that is requested. If the authority denies or revokes approval the psilocybin product manufacturer has a right to a hearing under the procedures of ORS chapter 183. [2021 c.1 24] Note: As originally enacted by the people, the leadline to ORS 475A.295 read Psilocybin product manufacturers; endorsements. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

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] (License to Operate Psilocybin Service Center)
ORS Chapter 475a — Psilocybin Regulation

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. (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 license issued by the authority for the premises at which psilocybin services are provided. To hold a service center operator license under this section, a psilocybin service center operator: (a) Must apply for a license in the manner described in ORS 475A.245; (b) Must provide proof that the applicant is 21 years of age or older; (c) Must, until January 1, 2025: (A) If the direct owner of the business operating or to be operated under the license is a legal entity, provide proof that more than 50 percent of the shares, membership interests, partnership interests, or other ownership interests of the legal entity are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years; (B) If the direct owner of the business operating or to be operated under the license is a partnership that is not a legal entity, provide proof that more than 50 percent of the partnership interests of the partnership are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years; and (C) If the direct owner of the business operating or to be operated under the license is an individual, provide proof that the individual has been a resident of this state for two or more years; (d) Must ensure that the psilocybin service center is located in an area that is not: (A) Within the limits of an incorporated city or town; and (B) Zoned exclusively for residential use; (e) Except as provided in ORS 475A.310, must ensure that the psilocybin service center is not located within 1,000 feet of: (A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or (B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and (f) Must meet the requirements of any rule adopted by the authority under subsection (3) of this section. (3) The authority shall adopt rules that: (a) Require a psilocybin service center operator to annually renew a license issued under this section; (b) Establish application, licensure and renewal of licensure fees for psilocybin service center operators; (c) Require psilocybin products sold by a psilocybin service center operator to be tested in accordance with ORS 475A.590; and (d) Require a psilocybin service center operator to meet any public health and safety standards and industry best practices established by the authority by rule. (4) Fees adopted under subsection (3)(b) of this section: (a) May not exceed, together with other fees collected under ORS 475A.210 to
ORS Chapter 475a — Psilocybin Regulation

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: (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; or (b) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and (2) The Oregon Health Authority determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the psilocybin service center.
ORS Chapter 475a — Psilocybin Regulation

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
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.320. Requirement to verify persons 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 persons 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 persons age and may not be used for any purpose other than verifying a persons age. [2021 c.1 29] (License to Facilitate Psilocybin Services)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.325. Psilocybin service facilitator license; fees; rules. (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 facilitator: (a) Must apply for a license in the manner described in ORS 475A.245; (b) Must provide proof that the applicant is 21 years of age or older; (c) Must, until January 1, 2025, provide proof that the applicant has been a resident of this state for two or more years; (d) Must have a high school diploma or equivalent education; (e) Must submit evidence of completion of education and training prescribed and approved by the authority; (f) Must have passed an examination approved, administered or recognized by the authority; and (g) Must meet the requirements of any rule adopted by the authority under subsection (4) of this section. (3) The authority may not require a psilocybin service facilitator to have a degree from a university, college, post-secondary institution, or other institution of higher education. (4) The authority shall adopt rules that: (a) Require a psilocybin service facilitator to annually renew a license issued under this section; (b) Establish application, licensure and renewal of licensure fees for psilocybin service facilitators; and (c) Require a psilocybin service facilitator to meet any public health and safety standards and industry best practices established by the authority by rule. (5) Fees adopted under subsection (4)(b) of this section: (a) May not exceed, together with other fees collected under ORS 475A.210 to
ORS Chapter 475a — Psilocybin Regulation

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] Note: As originally enacted by the people, the leadline to ORS 475A.330 read Examinations; rules. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.335. Requirement to verify persons 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
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.340. Psilocybin services; rules. 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 information form to a psilocybin service center operator and a psilocybin service facilitator; (4) Holding and verifying the completion of an administration session; and (5) Holding and verifying the completion of an integration session. [2021 c.1 33] Note: As originally enacted by the people, the leadline to ORS 475A.340 read Psilocybin services. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

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. (2) A preparation session may be, but need not be, held at a psilocybin service center. (3) If a preparation session is completed in accordance with all applicable requirements, specifications and guidelines, as determined by the Oregon Health Authority, the psilocybin service facilitator must certify, in a form and manner prescribed by the authority, that the client completed the preparation session.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.350. Client information form. (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: (A) The psilocybin service center operator that operates the psilocybin service center at which the administration session is to be held; and (B) The psilocybin service facilitator that will supervise the administration session. (2) The client information form: (a) Will solicit from the client such information as may be necessary: (A) To enable a psilocybin service center operator and a psilocybin service facilitator to determine whether the client should participate in an administration session, including information that may identify risk factors and contraindications; and (B) If so, to assist the psilocybin service center operator and the psilocybin service facilitator in meeting any public health and safety standards and industry best practices during the administration session; and (b) Will contain such health and safety warnings and other disclosures to the client as the authority may prescribe.