An Act To Enact the Maine Psilocybin Services Act
Maine Legislature, Session 130, LD 1582
Committee Amendment CA_A_SA_A_S567 (Senate)
Amends: 5 MRSA §12004

SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to S.P. 496, 
L.D. 1582, "An Act To Enact the Maine Psilocybin Services Act" 
Amend the amendment by striking out the substitute title and replacing it with the 
following: 
'An Act To Enact the Psilocybin Patient Care Act' 
Amend the amendment by striking out all of sections 1 to 5 and inserting the following: 
'Sec. 1. 5 MRSA §12004-1, sub-§47-J is enacted to read: 
47-J. 
Human 
Services 
Maine Psilocybin Advisory Board 
Expenses/Legislative 
Per Diem 
Sec. 2. 22 MRSA c. 555-A is enacted to read: 
CHAPTER 555-A 
PSILOCYBIN PATIENT CARE ACT 
SUBCHAPTER 1 
PSILOCYBIN PATIENT CARE 
§2321. Short title 
This chapter may be known and cited as "the Psilocybin Patient Care Act." 
§2322. Definitions 
22MRSA 
§2331 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Administration session. "Administration session" means a session held at a 
location identified to the department in accordance with section 2326, subsection 3, 
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SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to S.P. 496, L.D. 1582 ( ~--,Sl.o, 7j 
paragraph D at which a psilocybin patient purchases, consumes and experiences the effects 
of a psilocybin product under the supervision of a psilocybin service facilitator. 
2. 
Manufacture. 
"Manufacture" means the cultivation, harvesting, production, 
preparation, propagation, compounding, conversion or processing of a psilocybin product 
by extraction from substances of natural origin or by means of chemical synthesis, or by a 
combination of extraction and chemical synthesis. 
3. Medical provider. "Medical provider" means a physician or physician assistant 
licensed under Title 32, chapter 36 or 48, a naturopathic doctor licensed under Title 32, 
chapter 113-B or a certified nurse practitioner licensed under Title 32, chapter 31. 
4. Medical use. "Medical use" means the acquisition, possession, manufacture, use, 
delivery, transfer or transportation of psilocybin relating to the administration of psilocybin 
to treat or alleviate a psilocybin patient's medical condition or symptoms for which a 
medical provider has provided the psilocybin patient a written recommendation under this 
chapter. 
5. Patient information form. "Patient information form" means the form required to 
be completed by a patient under section 2326. 
6. Preparation session. "Preparation session" means a meeting between a psilocybin 
patient and a psilocybin service facilitator that occurs before the psilocybin patient 
participates in an administration session. 
7. Psilocybin. "Psilocybin" means the naturally occurring compound produced by 
various species of fungi as well as psilocin, the substance into which psilocybin is 
converted in the human body. 
8. Psilocybin patient. "Psilocybin patient" means an individual who is recommended 
psilocybin by a medical provider in accordance with section 2323. 
9. Psilocybin product. "Psilocybin product" means psilocybin-producing fungi or 
mixtures or substances containing a detectable amount of psilocybin. "Psilocybin product" 
does not include psilocybin services. 
10. Psilocybin service facilitator. "Psilocybin service facilitator" means a person or 
entity licensed in accordance with section 2325. 
11. 
Psilocybin services. 
"Psilocybin services" means services provided to a 
psilocybin patient before, during and after the psilocybin patient's consumption of a 
psilocybin product, including a preparation session and administration session. 
12. Written recommendation. "Written recommendation" means a recommendation 
for the medical use of psilocybin issued pursuant to section 2323. 
§2323. Authorized psilocybin patient care 
1. Medical recommendation authorized. A medical provider may provide a written 
recommendation in accordance with this section for the medical use of psilocybin under 
this chapter and, after having done so, may otherwise state that in the medical provider's 
professional opinion a patient is likely to receive therapeutic or palliative benefit from the 
medical use of psilocybin to treat or alleviate the patient's medical condition. 
2. Age requirement. A medical provider may provide a written recommendation only 
to a person who is 21 years of age or older. 
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SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to S.P. 496, L.D. 1582 (6-¼ 7J 
3. Disclosures. Prior to providing a written recommendation under this section, a 
medical provider shall inform the patient or the patient's legal guardian or representative of 
the risks and benefits of the medical use of psilocybin and that the patient may benefit from 
the medical use of psilocybin. 
4. Substance use disorder. Prior to providing a written recommendation under this 
section for a medical diagnosis of substance use disorder that. in the medical provider's 
professional opinion, may be alleviated by the therapeutic or palliative medical use of 
psilocybin, the medical provider shall develop a recovery plan with the patient. For 
purposes of this subsection. "substance use disorder" means a diagnosis related to alcohol 
or drug use covered by Title 5, chapter 521. 
5. Bona fide provider-patient relationship. A written recommendation may be made 
only in the course of a bona fide medical provider-patient relationship after the medical 
provider has completed a full assessment of the patient's medical history. If a patient has 
not provided a medical provider who is not the patient's primary care provider with the 
name and contact information of the patient's primary care provider, a medical provider 
shall conduct an in-person consultation with the patient prior to providing a written 
recommendation. 
6. Expiration. A written recommendation under this section is valid for 12 months. 
7. Form; content. A written recommendation under this section: 
A. Must be in the form required by rule adopted by the department; 
B. May not require a psilocybin patient's medical provider to state the patient's specific 
medical diagnosis; and 
C. Must include a recommendation of the amount of psilocybin a patient may need to 
treat or alleviate the patient's medical condition. 
8. Possible sanctions. Nothing in this chapter prevents a professional licensing board 
from sanctioning a medical provider for failing to properly evaluate or treat a patient's 
medical condition or otherwise violating the applicable standard of care for evaluating or 
treating a medical condition. 
9. Patient referral disclosure of interest. Prior to providing a referral to a psilocybin 
patient for psilocybin services associated with a written recommendation to a psilocybin 
service facilitator in which the medical provider has a direct or indirect financial interest, a 
medical provider shall provide written disclosure to the psilocybin patient regarding any 
direct or indirect financial interest the medical provider has or may have in the resulting 
referral and shall maintain a copy of this disclosure in the psilocybin patient's record. 
10. Continuing medical education. A medical provider who has not previously 
provided a written recommendation to a patient shall, prior to providing a written 
recommendation to a patient, submit evidence satisfactory to the department of successful 
completion of a one-hour course of continuing medical education relating to psilocybin 
within the preceding 24 months. 
§2324. Authorized psilocybin conduct 
1. 
Psilocybin use prohibited; exception. 
A person may not use, possess or 
manufacture psilocybin except in accordance with this chapter. 
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SENATEAMENDMENT"A "to COMMITTEEAMENDMENT"A" to S.P. 496, L.D. 1ss2CS-Slo 7J 
2. Use ofpsilocybin. A person may use psilocybin if the person is a psilocybin patient 
who: 
A. Has obtained a written recommendation in accordance with section 2323; and 
B. Is in the presence of a psilocybin service facilitator licensed in accordance with 
section 2325. 
3. Possession of psilocybin. A person may possess psilocybin if the person: 
A. Is a psilocybin patient and possesses only the amount necessary for medical use in 
accordance with the patient's written recommendation and in accordance with rules 
adopted by the department: or 
B. Is licensed as a psilocybin service facilitator in accordance with section 2325 and 
possesses only the amount necessary for medical use in accordance with the facilitator's 
psilocybin patients' written recommendations and in accordance with rules adopted by 
the department. 
4. Manufacture of psilocybin. A person may manufacture psilocybin if the person: 
A. Is a psilocybin patient and manufactures, only for the patient's personal use, the 
amount necessary for medical use in accordance with the patient's written 
recommendation and in accordance with rules adopted by the department; or 
B. Is a psilocybin service facilitator and manufactures, only for use by the facilitator's 
psilocybin patients, the amount necessary for the patients' medical use in accordance 
with the patients' written recommendations and in accordance with rules adopted by 
the department. 
§2325. Psilocybin service facilitator license 
1. License required. The department shall adopt rules in accordance with this chapter 
establishing a license for a person to be a psilocybin service facilitator. 
2. Qualifications. An applicant for a psilocybin service facilitator license must meet 
any requirements established by the department by rule relating to education, training, 
skills, examination or fitness. 
3. Professional conduct. The department shall establish by rule a code of professional 
conduct, including a code of ethics, for psilocybin service facilitators. The department shall 
establish standards of practice and professional responsibility for psilocybin service 
facilitators. 
§2326. Psilocybin services 
1. Requirements. A psilocybin service facilitator shall comply with the requirements 
of this section. The department shall adopt rules regarding the provision of psilocybin 
services to a psilocybin patient by a psilocybin service facilitator. The rules must, at least: 
A. 
Require a psilocybin service facilitator to hold a preparation session with a 
psilocybin patient before the psilocybin patient participates in an administration 
session; and 
B. Require a psilocybin service facilitator to certify, in a form and manner prescribed 
by the department, that the psilocybin patient completed a preparation session. 
SENATE AMENDMENT 
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SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to S.P. 496, L.D. 1582 [$-Slo 7j 
2. Patient information form. The department shall adopt rules governing psilocybin 
patient information. The rules must: 
A. Require a psilocybin patient to complete and sign a psilocybin patient information 
form prescribed by the department before a psilocybin patient participates in an 
administration session. The form must: 
(1) Solicit from the psilocybin patient such information as may be necessary to 
enable a psilocybin service facilitator to determine whether the psilocybin patient 
should participate in an administration session, including information that may 
identify risk factors and contraindications, or that will assist the psilocybin service 
facilitator in meeting any public health and safety standards and industry best 
practices during the administration session: and 
(2) Contain health and safety warnings and disclosures to the psilocybin patient: 
and 
B. Require a psilocybin patient to deliver a copy of the completed and signed psilocybin 
patient information form to the psilocybin service facilitator. 
3. 
Administration session. 
The department shall adopt rules governing 
administration sessions. The rules must: 
A. Require that a psilocybin patient complete a preparation session and a patient 
information form prior to an administration session: 
B. Require a psilocybin service facilitator to certify, in a form and manner prescribed 
by the department, that the psilocybin patient completed an administration session: 
C. Prohibit a psilocybin service facilitator from consuming a psilocybin product during 
an administration session that the psilocybin service facilitator is supervising: and 
D. 
Require an administration session to be held in a location identified to the 
department that ensures psilocybin patient safety. 
4. Confidentiality. A psilocybin service facilitator may not disclose any information 
that may be used to identify a psilocybin patient or any communication made by a 
psilocybin patient during the course of providing psilocybin services, except when: 
A. The psilocybin patient or a person authorized to act on behalf of the psilocybin 
patient gives consent to the disclosure: 
B. The psilocybin patient initiates legal action or makes a complaint against the 
psilocybin service facilitator: 
C. The communication reveals the intent to commit a crime harmful to the psilocybin 
patient or others; 
D. The communication reveals that a minor may have been the victim of a crime or 
physical, sexual or emotional abuse or neglect: or 
E. Responding to an inquiry by the department made during the course of an 
investigation into the conduct of the psilocybin service facilitator under this chapter. 
§2327. Contingent effective date 
This subchapter takes effect only when the department finally adopts rules in 
accordance with subchapter 3. The commissioner shall notify the Secretary of State, the 
SENATE AMENDMENT 
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SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to S.P. 496, L.D. 1582 ( s-sto -D 
Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of 
Statutes when the rules have been finally adopted. 
SUBCHAPTER 2 
MAINE PSILOCYBIN ADVISORY BOARD 
§2331. Establishment; purposes 
The Maine Psilocybin Advisory Board, established in Title 5, section 12004-I, 
subsection 47-J and referred to in this subchapter as "the board," is established within the 
department for the purposes of advising and making recommendations to the department 
regarding the administration of this chapter in a manner that promotes the public health and 
safety. Recommendations by the board require the approval of a majority of the board's 
voting members. 
§2332.Membership 
The board consists of 16 members in accordance with this section. 
1. Ex officio nonvoting members. The following members serve as ex officio 
nonvoting members: 
A. The Director of the Maine Center for Disease Control and Prevention or the 
director's designee: 
B. The Director of the Office of Behavioral Health or the director's designee, who must 
be a physician licensed in accordance with Title 32, chapter 36 or 48: and 
C. The chair of the Statewide Coordinating Council for Public Health, established in 
Title 5, section 12004-G, subsection 14-G. 
2. Ex officio voting member. The Attorney General or the Attorney General's 
designee serves as an ex officio voting member. 
3. Voting members appointed by Governor. The Governor shall appoint voting 
members in accordance with this subsection. The Governor shall appoint: 
A. Any 4 of the following individuals: 
(1) 
A representative from a district coordinating council for public health 
established pursuant to Title 22, section 412, subsection 4: 
(2) A representative of one of the federally recognized Indian tribes in the State; 
(3) A member of the Substance Use Disorder Services Commission, established 
in Title 5, section 12004-G, subsection 13-C; 
(4) A member of the Permanent Commission on the Status of Racial, Indigenous 
and Tribal Populations, established in Title 5, section 12004-J, subsection 19; 
(5) A member of the Palliative Care and Quality of Life Interdisciplinary Advisory 
Council, established in Title 5, section 12004-I, subsection 47-I; or 
( 6) A representative of individuals who provide public health services directly to 
the public; 
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B. A psychologist licensed under Title 32, chapter 56 who has professional experience 
engaging in behavioral health or assisted therapy; 
C. A physician licensed under Title 32, chapter 48; 
D. A naturopathic doctor licensed under Title 32, chapter 113-B; 
E. A person with expertise in the field of public health who has a background in 
academia; 
F. Any one of the following: 
(1) A person with professional expertise conducting scientific research regarding 
the use of psychedelic compounds in clinical therapy; 
(2) A person who has experience in the field of mycology: 
(3) A person who has experience in the field of ethnobotany: 
(4) A person who has experience in the field of psychopharmacology: or 
(5) A person who has experience in the field of psilocybin harm reduction: and 
G. Three at-large members. 
4. Terms; vacancies. Board members, other than ex officio members, serve 4-year 
terms and are eligible for reappointment. Before the expiration of the term of a member, 
the Governor shall appoint a successor, whose term begins on the next January 1st. Board 
members serve at the pleasure of the Governor and are not subject to legislative 
confirmation. If there is a vacancy for cause, the Governor shall make an appointment to 
become immediately effective for the unexpired term. 
5. Chair. The board shall elect one of its voting members to serve as chair. The chair 
serves a one-year term in that office and is eligible for reelection. 
6. Meeting frequency. Until all rules necessary to implement this chapter have been 
adopted, the board shall meet at least once every 2 months at a time and place determined 
by the chair or a majority of the voting members of the board. Thereafter, the board shall 
meet at least 4 times each year at regular intervals at a time and place determined by the 
chair or a majority of the voting members of the board. The board may meet at other times 
and places by the call of the chair or a majority of the voting members of the board. 
7. Quorum. A majority of the board's voting members constitutes a quorum. 
8. 
Establishment of subcommittees. 
The board may establish subcommittees 
necessary for the operation of the board. 
9. Expenses; reimbursement. Board members are entitled to compensation for service 
on the board and for travel and board-related expenses in accordance with Title 5, section 
12004-I, subsection 47-J. 
§2333. Powers and duties; report 
1. Powers. The board may adopt rules necessary for the operation of the board. Rules 
adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A. 
2. Duties. The board shall: 
A. Make recommendations to the department related to: 
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SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to S.P. 496, L.D. 1582 ( S-,~ i) 
(1) Administration of this chapter; 
(2) Available medical, psychological and scientific studies, research and other 
information on the safety and efficacy of psilocybin in treating behavioral health 
conditions, including but not limited to substance use disorder, depression, anxiety 
disorders and end-of-life psychological distress: 
(3) Working with psilocybin patients receiving psilocybin services, including: 
(a) The requirements, specifications and guidelines for providing psilocybin 
services to a psilocybin patient, including but not limited to holding and 
verifying the completion of a preparation session and an administration 
session: 
(b) The information that must be provided to a psilocybin patient before the 
psilocybin patient participates in an administration session, including health 
and safety warnings or other disclosures; 
(c) The information that must be received from a psilocybin patient to 
determine whether the psilocybin patient should participate in an 
administration session, including information that may identify risk factors and 
contraindications and information related to any public health or safety 
standards or industzy best practices during the administration session; and 
(d) Transportation needs of a psilocybin patient after the completion of an 
administration session: 
( 4) Public health and safety standards and industzy best practices: and 
(5) Required qualifications and practices of psilocybin service facilitators, 
including: 
(a) Adherence to a code of professional and ethical conduct; 
(b) Required education and training; and 
(c) Holding an administration session, including but not limited to: 
(i) Individual or group administration sessions: or 
(ii) Circumstances under which an administration session is considered 
complete; 
B. Develop and maintain a long-term strategic plan for ensuring that psilocybin 
services will become and remain a safe, accessible and affordable therapeutic option 
for all persons for whom psilocybin services may be appropriate: and 
C. Monitor and study federal laws, regulations and policies regarding psilocybin. 
3. Report. The board shall submit annually a report to the department that contains 
the recommendations to the department described in subsection 2, paragraph A, the board's 
long-term strategic plan described in subsection 2, paragraph B and information and 
updates on federal laws, regulations and policies regarding psilocybin described in 
subsection 2, paragraph C. 
SUBCHAPTER 3 
SENATE AMENDMENT 
SENATE AMENDMENT" A 
"to COMMITTEE AMENDMENT "A" to S.P. 496, L.D. 1582 Cs -$1,e 1) 
RULEMAKING 
§2341. Rules 
No later than January 15, 2025 and after receipt of the recommendations of the Maine 
Psilocybin Advisory Board submitted to the department pursuant to section 2333, 
subsection 2, paragraph A, the department shall adopt rules to implement this chapter. In 
adopting rules, the department shall consider the recommendations of the Maine Psilocybin 
Advisory Board. Rules adopted by the department pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. Maine Psilocybin Advisory Board; initial board. Notwithstanding the 
Maine Revised Statutes, Title 22, chapter 555-A, subchapter 2, the following provisions 
apply to the Maine Psilocybin Advisory Board. 
1. Staggered terms for members of the Maine Psilocybin Advisory Board. Except 
as provided in subsection 2, at the first meeting of the Maine Psilocybin Advisory Board, 
board members shall draw lots to determine members' initial term lengths so that the initial 
terms of 4 members expire after one year, the initial terms of 4 members expire after 2 
years, the initial terms of 4 members expire after 3 years and the initial terms of 4 mem hers 
expire after 4 years. 
2. Initial appointments to the Maine Psilocybin Advisory Board. The Governor 
shall appoint the initial board members to the Maine Psilocybin Advisory Board no later 
than October 15, 2022; the initial appointment of at-large members must include the 
Legislator who sponsored this legislation, who serves a 4-year term, and 2 other at-large 
members. At the end of that Legislator's 4-year term on the board, the Governor shall 
appoint another at-large member. 
3. Initial meeting of the Maine Psilocybin Advisory Board. The Maine Psilocybin 
Advisory Board shall hold its first meeting no later than November 15, 2022 at a time and 
place specified by the Governor. 
4. Initial reports of the Maine Psilocybin Advisory Board. The Maine Psilocybin 
Advisory Board shall submit no later than April 15, 2023 its findings and recommendations 
to the Depa1iment of Health and Human Services regarding available medical, 
psychological and scientific studies, research and other information related to the safety 
and efficacy of psilocybin in treating mental health conditions, including but not limited to 
substance use disorder, depression, anxiety disorders and end-of-life psychological 
distress. The Maine Psilocybin Advisory Board shall submit no later than April 15, 2024 
its findings and recommendations to the Department of Health and Human Services 
regarding the board's long-term strategic plan described in the Maine Revised Statutes, 
Title 22, section 2333, subsection 2, paragraph B, information and updates on federal laws, 
regulations and policies regarding psilocybin as described in Title 22, section 2333, 
subsection 2, paragraph C and proposed rules for the implementation of this Act.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
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SENATEAMEND:tv.lENT"fr "to COMMITTEEAMEND:tv.lENT"A" to S.P. 496,L.D. 1582 (S-Sla 7) 
SUMMARY 
This amendment replaces Committee Amendment 
11A.
It enacts the Psilocybin Patient 
Care Act, which accomplishes the following. 
1. It authorizes certain patients who are 21 years of age or older to obtain a medical 
recommendation from certain medical providers for the medical use of psilocybin and 
establishes requirements for medical providers who recommend psilocybin for medical use. 
2. It authorizes and provides requirements on the use, possession and manufacture of 
psilocybin by psilocybin patients. 
3. It establishes a psilocybin service facilitator license to provide psilocybin services 
to a psilocybin patient and provides qualifications and requirements for a psilocybin service 
facilitator. 
4. It authorizes and provides requirements on the possession and manufacture of 
psilocybin by psilocybin service facilitators and establishes requirements on the provision 
of psilocybin services to psilocybin patients. 
5. It establishes the Maine Psilocybin Advisory Board. The board consists of 16 
members, including the Director of the Maine Center for Disease Control and Prevention 
and the Director of the Office of Behavioral Health within the Department of Health and 
Human Services, the Attorney General and various representatives of public health 
interests, among other related interests. The board also consists of various medical 
providers, experts in fields relating to psilocybin and at-large members, including, among 
the initial appointments, the sponsor of this legislation. It establishes the powers and duties 
of the board, which include annual reporting and making recommendations to the _ 
Department of Health and Human Services on rulemaking to implement the Act. 
6. It provides that the provisions of the Act that authorize and implement the medical 
use of psilocybin take effect after the Department of Health and Human Services finally 
adopts rules to implement the Act. The department is directed to adopt rules no later than 
January 15, 2025, after receiving the recommendations on rulemaking from the Maine 
Psilocybµi Advisory Board. It provides that rules adopted by the department to implement 
the Act are routine technical rules. 
SPONSORED BY: -~__.,,_.,,_O~__,__,,,.l=.t=A...,,c ______ 
_ 
(Senator BAil,EY, D.) 
COUNTY: York 
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SENATE AMENDMENT