| 33 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-2511, Arizona Revised Statutes, as amended by Laws 2021, chapter 61, section 12, is amended to read: START_STATUTE36-2511. Nomenclature The controlled substances listed or to be listed in the schedules in sections 36-2512, 36-2513, 36-2514, 36-2515, 36-2516, and 36-2517 and 36-2517.02 or the rules adopted pursuant to this article are included by whatever official, common, usual, chemical or trade name designated.END_STATUTE Sec. 2. Section 36-2511, Arizona Revised Statutes, as amended by Laws 2023, chapter 97, section 1, is amended to read: START_STATUTE36-2511. Nomenclature The controlled substances listed or to be listed in the schedules in sections 36-2512, 36-2513, 36-2514, 36-2515, 36-2516, 36-2517, and 36-2517.01 and 36-2517.02 or the rules adopted pursuant to this article are included by whatever official, common, usual, chemical or trade name designated.END_STATUTE Sec. 3. Title 36, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 36-2517.02, to read: START_STATUTE36-2517.02. United States food and drug administration; approved medication; rescheduling Any pharmaceutical composition of crystalline polymorph psilocybin that is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration to a schedule other than schedule I of the controlled substances act (P.L. 91-513; 84 Stat. 1242; 21 United States Code sections 801 through 904) is a controlled substance for the purposes of this chapter and may be prescribed in this state. END_STATUTE Sec. 4. Legislative intent If crystalline polymorph psilocybin is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration, it is this legislature's intent that patients have rapid access to this treatment option. Sec. 5. Conditional enactments; notice A. Section 36-2511, Arizona Revised Statutes, as amended by Laws 2021, chapter 61, section 12 and this act, section 36-2517.02, Arizona Revised Statutes, as added by this act, and section 4 of this act do not become effective unless on or before January 1, 2031 crystalline polymorph psilocybin is newly approved as a prescription medication pursuant to 21 United States Code section 355 and is controlled under a federal interim final rule issued pursuant to 21 United States Code section 811(j) and published in the Federal Register. B. Section 36-2511, Arizona Revised Statutes, as amended by Laws 2023, chapter 97, section 1 and this act does not become effective unless both the condition prescribed by Laws 2023, chapter 97, section 4 is met and on or before January 1, 2031 crystalline polymorph psilocybin is newly approved as a prescription medication pursuant to 21 United States Code section 355 and is controlled under a federal interim final rule issued pursuant to 21 United States Code section 811(j) and published in the Federal Register. C. The executive director of the Arizona state board of pharmacy shall notify in writing the director of the Arizona legislative council on or before February 1, 2031 either: 1. Of the date on which the condition was met. 2. That the condition was not met. |
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| 69 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 42, to read: CHAPTER 42 PSILOCYBIN ARTICLE 1. GENERAL PROVISIONS START_STATUTE36-4201. Arizona psilocybin advisory board; membership; terms; compensation A. The Arizona psilocybin advisory board is established within the department consisting of not more than twelve members who are appointed as follows: 1. Four members appointed by the governor from the following: (a) A representative of the department of health services. (b) A representative of the Arizona health care cost containment system administration. (c) A representative of the office of the attorney general. (d) A representative of the department who is familiar with health care institution licensing. (e) A person who is a professor or researcher at a university under the jurisdiction of the Arizona board of regents. 2. Four members appointed by the president of the senate from the following: (a) An active member or a veteran of the United States armed forces. (b) A person who is a law enforcement officer in this state. (c) A person who represents firefighters in this state. (d) A person who provides legal representation to and advocates on behalf of persons with mental illness or serious mental illness. 3. Four members appointed by the speaker of the house of representatives from the following: (a) A psychologist who is licensed pursuant to title 32, chapter 19.1 and who has professional experience in DIAGNOSING or treating mental, emotional or behavioral conditions. (b) A physician, preferably a psychiatrist, who is licensed pursuant to title 32, chapter 13 or 17 and who has experience in psychedelic-assisted therapy. (c) A naturopathic physician who is licensed pursuant to title 32, chapter 14. (d) A nurse practitioner who is licensed pursuant to title 32, chapter 15. (e) A physician who is licensed pursuant to title 32, chapter 13 or 17 and who has expertise in addiction treatment. (f) A physician who is licensed pursuant to title 32, chapter 13 or 17 and who has experience conducting clinical research involving the use of schedule I controlled substances. B. On or before December 31, 2025, the governor, speaker of the house of representatives and president of the senate shall appoint the members of the board as specified in subsection A of this section. C. On or before March 1, 2026, the board shall hold its first meeting at a time and place specified by the department. D. Board members serve four-year terms. A board member is not eligible for reappointment once the person has been appointed for two full terms, in addition to any time served on the board to fill a vacancy. A person may be reappointed to the board after the person has not been on the board for a period of at least two full terms. E. The board shall annually elect a chairperson from among its members. F. The board shall meet at least once every two calendar months at a time and place determined by the chairperson or a majority of the voting members of the board. G. Members of the board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. END_STATUTE START_STATUTE36-4202. Board; annual report On or before July 31, 2026 and each July 31 thereafter, the board, in consultation with the department, shall publish and distribute to the public a report that includes a summary of: 1. Available medical, psychological and scientific studies, research and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including addiction, depression, anxiety disorders and end-of-life psychological distress. 2. Proposed and enacted laws, regulations and policies regarding psilocybin by other policies regarding psilocybin by other states or the federal government. END_STATUTE |
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