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

ORS 475a.355. Administration session. (1) After a client completes a preparation session and completes and signs a client information form, the client may participate in an administration session. (2) An administration session must be held at a psilocybin service center. (3) If an administration 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 administration session.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.360. Integration session. (1) After a client completes an administration session, the psilocybin service facilitator who supervised the administration session must offer the client an opportunity to participate in an integration session. The client may, but need not, participate in an integration session. (2) An integration session may be, but need not be, held at a psilocybin service center. (3) If an integration 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 integration session.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.365. Use of client information form in prosecution; reliance on client information form; exception from liability. (1) If a client information form is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a client, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a client unless it is demonstrated that a reasonable person would have determined that the responses provided by the client on the client information form were incorrect or altered. (2) A licensee or licensee representative shall be entitled to rely upon all statements, declarations, and representations made by a client in a client information form unless it is demonstrated that: (a) A reasonable person would have determined that one or more of the statements, declarations, and representations made by the client in the client information form were incorrect or altered; or (b) The licensee or licensee representative violated a provision of ORS 475A.210 to
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.370. Right to terminate or refuse to provide services; exception. (1) Subject to other applicable law, a licensee or licensee representative may refuse to provide psilocybin services to a potential client for any or no reason. (2)(a) Except as provided in paragraph (b) of this subsection, and subject to other applicable law, a licensee or licensee representative may cease providing psilocybin services to a client for any or no reason. (b) A psilocybin service center operator and a psilocybin service facilitator may not cease providing psilocybin services to a client during an administration session after the client has consumed a psilocybin product, except as authorized by the Oregon Health Authority by rule, or as necessary in an emergency. [2021 c.1 39] Note: As originally enacted by the people, the leadline to ORS 475A.370 read Protections on refusal to provide psilocybin services to a client. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.372. Requirement of psilocybin service center operator to collect, maintain, aggregate and submit to Oregon Health Authority specified information; client opt-out; exemption from disclosure; rules. (1) As used in this section, adverse behavioral reaction and adverse medical reaction have the meanings given those terms by rule by the Oregon Health Authority. (2) A psilocybin service center operator that holds a license issued under ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.374. operative January 1, 2025. See section 6, chapter 150, Oregon Laws 2023. Note: Section 5, chapter 150, Oregon Laws 2023, provides: Sec. 5. A psilocybin service center operator and the Oregon Health Authority shall first submit the information and data described in sections 2 [475A.372] and 3 [475A.374] of this 2023 Act not later than the end of the quarter that begins on January 1, 2025. [2023 c.150 5] (Powers and Duties of Oregon Health Authority with Respect to Licensees)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.375. Powers and duties relating to psilocybin service facilitators. 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) Support skills for clients during an administration session, including specialized skills for: (A) Client safety; and (B) Clients who may have a mental health condition; (c) The environment in which psilocybin services should occur; and (d) Social and cultural considerations; (2) Formulate a code of professional conduct for psilocybin service facilitators, giving particular consideration to a code of ethics; (3) Establish standards of practice and professional responsibility for individuals licensed by the authority to facilitate psilocybin services; (4) Select licensing examinations for licenses to facilitate psilocybin services; (5) Provide for waivers of examinations as appropriate; and (6) Appoint representatives to conduct or supervise examinations of applicants for licenses to facilitate psilocybin services.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.380. Minimum standards of education and training for psilocybin service facilitators; rules. (1) The Oregon Health Authority shall adopt by rule minimum standards of education and training requirements for psilocybin service facilitators. (2) The authority shall approve courses for psilocybin service facilitators. To obtain approval of a course, the provider of a course must submit an outline of instruction to the authority. The outline must include the approved courses, total hours of instruction, hours of lectures in theory and the hours of instruction in application of practical skills.
ORS Chapter 475a — Psilocybin Regulation

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

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

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

ORS 475a.400. Use of tracking system for psilocybin products; distribution of moneys. (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
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.405. Authority to prevent diversion of psilocybin products. Except as otherwise provided by law, the Oregon Health Authority has any power, and may perform any function, necessary for the authority to prevent the diversion of psilocybin products from licensees to a source that is not operating legally under the laws of this state.
ORS Chapter 475a — Psilocybin Regulation

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

ORS 475a.415. Authority to require financial disclosure from licensee. (1) The Oregon Health Authority may require a licensee or applicant for a license under ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.420. Authority to investigate, discipline licensees. (1) Notwithstanding the lapse, suspension or revocation of a license issued under ORS 475A.210 to 475A.722, the Oregon Health Authority may: (a) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license; or (b) Revise or render void an order suspending or revoking the license. (2) In cases involving the proposed denial of a license issued under ORS 475A.210 to 475A.722, the applicant for licensure may not withdraw the applicants application.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.425. Authority to investigate, discipline permit holder. (1) Notwithstanding the lapse, suspension or revocation of a permit issued under ORS 475A.483, the Oregon Health Authority may: (a) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the permit; or (b) Revise or render void an order suspending or revoking the permit. (2) In cases involving the proposed denial of a permit issued under ORS 475A.483, the applicant may not withdraw the applicants application. [2021 c.1 50] (Conduct of Licensees)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.430. Prohibition against manufacturing psilocybin products outdoors. A psilocybin product manufacturer that holds a license under ORS 475A.290 may not manufacture psilocybin products outdoors.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.435. Restrictions on delivery or receipt; waiver by authority. (1) A psilocybin product manufacturer that holds a license under ORS 475A.290: (a) May deliver psilocybin products only to or on a premises for which a license has been issued under ORS 475A.290 or 475A.305; and (b) May receive psilocybin products only from a psilocybin product manufacturer that holds a license under ORS 475A.290. (2) A psilocybin service center operator that holds a license under ORS 475A.305: (a) May deliver psilocybin products only to or on a premises for which a license has been issued under ORS 475A.305; and (b) May receive psilocybin products only from a psilocybin product manufacturer that holds a license under ORS 475A.290 or a psilocybin service center operator that holds a license under ORS 475A.305. (3) The sale of psilocybin products to a client by a psilocybin service center operator that holds a license issued under ORS 475A.305 must be restricted to the premises for which the license has been issued. (4) The Oregon Health Authority may by order waive the requirements of subsections (1) and (2) of this section to ensure compliance with ORS 475A.210 to 475A.722 or a rule adopted under ORS 475A.210 to 475A.722. An order issued under this subsection does not constitute a waiver of any other requirement of ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.440. Prohibition against selling or delivering psilocybin products to persons under 21 years of age. A licensee or licensee representative may not sell or deliver a psilocybin product to a person under 21 years of age.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.445. Identification requirement; rules. (1) Subject to subsection (2) of this section, a licensee or licensee representative, before selling or providing a psilocybin product to another person, must require the person to produce one of the following pieces of identification: (a) The persons passport. (b) The persons driver license, issued by the State of Oregon or another state of the United States. (c) An identification card issued under ORS 807.400. (d) A United States military identification card. (e) An identification card issued by a federally recognized Indian tribe. (f) Any other identification card issued by a state or territory of the United States that bears a picture of the person, the name of the person, the persons date of birth and a physical description of the person. (2) The Oregon Health Authority may adopt rules exempting a licensee or licensee representative from this section. (3) A client may not be required to procure for the purpose of acquiring or purchasing a psilocybin product a piece of identification other than a piece of identification described in subsection (1) of this section.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.450. Confidentiality of client communications, information; exceptions. A psilocybin service center operator, a psilocybin service facilitator, or any employee of a psilocybin service center operator or psilocybin service facilitator may not disclose any information that may be used to identify a client, or any communication made by a client during the course of providing psilocybin services or selling psilocybin products to the client, except: (1) When the client or a person authorized to act on behalf of the client gives consent to the disclosure; (2) When the client initiates legal action or makes a complaint against the psilocybin service center operator, the psilocybin service facilitator, or the employee; (3) When the communication reveals the intent to commit a crime harmful to the client or others; (4) When the communication reveals that a minor may have been a victim of a crime or physical, sexual or emotional abuse or neglect; or (5) When responding to an inquiry by the Oregon Health Authority made during the course of an investigation into the conduct of the psilocybin service center operator, the psilocybin service facilitator, or the employee under ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.455. Prohibition against psilocybin service facilitator consuming psilocybin product. A psilocybin service facilitator may not consume a psilocybin product during an administration session that the psilocybin service facilitator is supervising. [2021 c.1 58] Note: As originally enacted by the people, the leadline to ORS 475A.455 read Prohibition against psilocybin service facilitator consuming a psilocybin product during an administration session. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.460. Prohibition against employing persons under 21 years of age. (1) A licensee may not employ a person under 21 years of age at a premises for which a license has been issued under ORS 475A.210 to 475A.722. (2) During an inspection of a premises for which a license has been issued under ORS 475A.210 to 475A.722, the Oregon Health Authority may require proof that a person performing work at the premises is 21 years of age or older. If the person does not provide the authority with acceptable proof of age upon request, the authority may require the person to immediately cease any activity and leave the premises until the authority receives acceptable proof of age. This subsection does not apply to a person temporarily at the premises to make a service, maintenance or repair call or for other purposes independent of the premises operations. (3) If a person performing work has not provided proof of age requested by the authority under subsection (2) of this section, the authority may request that the licensee provide proof that the person is 21 years of age or older. Failure of the licensee to respond to a request made under this subsection by providing acceptable proof of age for a person is prima facie evidence that the licensee has allowed the person to perform work at the premises for which a license has been issued under ORS 475A.210 to 475A.722 in violation of the minimum age requirement.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.465. Prohibition against obfuscating mark or label or using mark or label to deceive. (1) A licensee may not use or allow the use of a mark or label on the container of a psilocybin product that is kept for sale if the mark or label does not precisely and clearly indicate the nature of the containers contents or if the mark or label in any way might deceive a person about the nature, composition, quantity, age or quality of the containers contents. (2) The Oregon Health Authority may prohibit a licensee from selling any psilocybin product that in the authoritys judgment is deceptively labeled or contains injurious or adulterated ingredients.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.468. Requirement that psilocybin products comply with minimum standards. (1) A psilocybin product may not be sold or offered for sale within this state unless the psilocybin product complies with the minimum standards prescribed by the statutory laws of this state. (2) The Oregon Health Authority may prohibit the sale of a psilocybin product by a psilocybin service center operator for a reasonable period of time for the purpose of determining whether the psilocybin product complies with the minimum standards prescribed by the statutory laws of this state.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.471. Other prohibitions. (1) A person may not make false representations or statements to the Oregon Health Authority in order to induce or prevent action by the authority. (2) A licensee may not maintain a noisy, lewd, disorderly or insanitary establishment or supply impure or otherwise deleterious psilocybin products. (3) A licensee may not misrepresent to a person or to the public any psilocybin products.
ORS Chapter 475a — Psilocybin Regulation

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

ORS 475a.477. Grounds for revocation, suspension or restriction of license. The Oregon Health Authority may revoke, suspend or restrict a license issued under ORS 475A.210 to 475A.722 or require a licensee or licensee representative to undergo training if the authority finds or has reasonable ground to believe any of the following to be true: (1) That the licensee or licensee representative: (a) Has violated a provision of ORS 475A.210 to 475A.722 or a rule adopted under ORS 475A.210 to 475A.722, including any code of professional conduct or code of ethics. (b) Has made any false representation or statement to the authority in order to induce or prevent action by the authority. (c) Is insolvent or incompetent or physically unable to carry on the management of the establishment of the licensee. (d) Is in the habit of using alcoholic liquor, habit-forming drugs, marijuana, psilocybin products or controlled substances to excess. (e) Has misrepresented to a person or the public any psilocybin products sold by the licensee or licensee representative. (f) Since the issuance of the license, has been convicted of a felony, of violating any of the psilocybin products laws of this state, general or local, or of any misdemeanor or violation of any municipal ordinance committed on the premises for which the license has been issued. (2) That there is any other reason that, in the opinion of the authority, based on public convenience or necessity, warrants revoking, suspending or restricting the license. [2021 c.1 64] (Employees and Other Workers)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.480. Permit required to perform work for or on behalf of licensee. (1) An individual who performs work for or on behalf of a licensee must have a valid permit issued by the Oregon Health Authority under ORS 475A.483 if the individual participates in: (a) The provision of psilocybin services at the premises for which the license has been issued; (b) The possession, manufacturing, securing or selling of psilocybin products at the premises for which the license has been issued; (c) The recording of the possession, manufacturing, securing or selling of psilocybin products at the premises for which the license has been issued; or (d) The verification of any document described in ORS 475A.445. (2) A licensee must verify that an individual has a valid permit issued under ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.483. subsection (1) of this section at the premises for which the license has been issued. [2021 c.1 65] Note: As originally enacted by the people, the leadline to ORS 475A.480 read Permit required to perform work for or on behalf of a licensee. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.486. Authority to require fingerprints of individuals listed on application. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475A.483.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.489. Whistleblower protection for employees. (1) It is an unlawful employment practice for a licensee to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the licensee with regard to promotion, compensation or other terms, conditions or privileges of employment on the basis that the employee has in good faith reported information to the Oregon Health Authority that the employee believes is evidence of a violation of ORS 475A.210 to
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.492. Psilocybin Control and Regulation Fund. The Psilocybin Control and Regulation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Psilocybin Control and Regulation Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Health Authority to administer and enforce ORS 475A.210 to