Indiana 2024 Regular Session

Indiana Senate Bill SB0139 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ES0139.1
2		-	February 13, 2024
3		-	ENGROSSED
	1	+	SB0139.2
	2	+	February 2, 2024
4	3		SENATE BILL No. 139
5	4		_____
6		-	DIGEST OF SB 139 (Updated February 13, 2024 11:01 am - DI ~~147~~)
	5	+	DIGEST OF SB 139 (Updated February 1, 2024 11:34 am - DI 129)
7	6		Citations Affected: IC 16-18; IC 16-46.
8	7		Synopsis: Psilocybin treatment program. Establishes the therapeutic
9	8		psilocybin research fund, administered by the Indiana department of
10	9		health (state department), to provide financial assistance to research
11	10		institutions in Indiana to study the use of psilocybin to treat mental
12	11		health and other medical conditions. Sets forth clinical study
13	12		requirements. Requires a research institution that receives a grant to
14	13		conduct a clinical study to prepare and submit a report to the interim
15	14		study committee on public health, behavioral health, and human
16	15		services, the state department, and the division of mental health and
17	16		addiction.
18	17		Effective: Upon passage.
19	18		Charbonneau, Johnson T, Busch,
20	19		Yoder, Pol Jr., Randolph Lonnie M
21		-	(HOUSE SPONSORS — CARBAUGH, TESHKA, MOED,
22		-	GARCIA WILBURN)
23	20		January 8, 2024, read first time and referred to Committee on Health and Provider
24	21		Services.
25	22		January 18, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
26	23		Appropriations.
27	24		February 1, 2024, amended, reported favorably — Do Pass.
28		-	February 5, 2024, read second time, ordered engrossed. Engrossed.
29		-	February 6, 2024, read third time, passed. Yeas 47, nays 1.
30		-	HOUSE ACTION
31		-	February 12, 2024, read first time and referred to Committee on Public Health.
32		-	February 13, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
33		-	Means pursuant to Rule 127.
34		-	ES 139—LS 6465/DI 147 February 13, 2024
	25	+	SB 139—LS 6465/DI 147 February 2, 2024
35	26		Second Regular Session of the 123rd General Assembly (2024)
36	27		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
37	28		Constitution) is being amended, the text of the existing provision will appear in this style type,
38	29		additions will appear in this style type, and deletions will appear in this style type.
39	30		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
40	31		provision adopted), the text of the new provision will appear in this style type. Also, the
41	32		word NEW will appear in that style type in the introductory clause of each SECTION that adds
42	33		a new provision to the Indiana Code or the Indiana Constitution.
43	34		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
44	35		between statutes enacted by the 2023 Regular Session of the General Assembly.
45		-	ENGROSSED
46	36		SENATE BILL No. 139
47	37		A BILL FOR AN ACT to amend the Indiana Code concerning
48	38		health and to make an appropriation.
49	39		Be it enacted by the General Assembly of the State of Indiana:
50	40		1 SECTION 1. IC 16-18-2-143, AS AMENDED BY P.L.1-2010,
51	41		2 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
52	42		3 UPON PASSAGE]: Sec. 143. (a) "Fund", for purposes of IC 16-26-2,
53	43		4 has the meaning set forth in IC 16-26-2-2.
54	44		5 (b) "Fund", for purposes of IC 16-31-8.5, has the meaning set forth
55	45		6 in IC 16-31-8.5-2.
56	46		7 (c) "Fund", for purposes of IC 16-41-39.4, refers to the childhood
57	47		8 lead poisoning prevention fund established by IC 16-41-39.4-3.1.
58	48		9 (d) "Fund", for purposes of IC 16-41-39.8, refers to the lead trust
59	49		10 fund established by IC 16-41-39.8-7.
60	50		11 (e) "Fund", for purposes of IC 16-46-5, has the meaning set forth in
61	51		12 IC 16-46-5-3.
62	52		13 (f) "Fund", for purposes of IC 16-46-12, has the meaning set forth
63	53		14 in IC 16-46-12-1.
64	54		15 (g) "Fund", for purposes of IC 16-41-42.2, has the meaning set forth
65	55		16 in IC 16-41-42.2-2.
66	56		17 (h) "Fund", for purposes of IC 16-35-8, has the meaning set forth in
67		-	ES 139—LS 6465/DI 147 2
	57	+	SB 139—LS 6465/DI 147 2
68	58		1 IC 16-35-8-2.
69	59		2 (i) "Fund", for purposes of IC 16-46-17.5, has the meaning set
70	60		3 forth in IC 16-46-17.5-1.
71	61		4 SECTION 2. IC 16-18-2-296.4 IS ADDED TO THE INDIANA
72	62		5 CODE AS A NEW SECTION TO READ AS FOLLOWS
73	63		6 [EFFECTIVE UPON PASSAGE]: Sec. 296.4. "Psilocybin", for
74	64		7 purposes of IC 16-46-17.5, has the meaning set forth in
75	65		8 IC 16-46-17.5-2.
76	66		9 SECTION 3. IC 16-46-17.5 IS ADDED TO THE INDIANA CODE
77	67		10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
78	68		11 UPON PASSAGE]:
79	69		12 Chapter 17.5. Therapeutic Psilocybin Research
80	70		13 Sec. 1. As used in this chapter, "fund" refers to the therapeutic
81	71		14 psilocybin research fund established by section 3 of this chapter.
82	72		15 Sec. 2. (a) As used in this chapter, "psilocybin" means a
83	73		16 naturally occurring psychedelic prodrug compound that is
84	74		17 produced by fungi, including members of the genus psilocybe.
85	75		18 (b) The term includes psilocin.
86	76		19 Sec. 2.5. As used in this chapter, "research institution" refers to
87	77		20 an organization that meets all of the following:
88	78		21 (1) Has an academic institution that operates an institutional
89	79		22 review board (IRB) that oversees research.
90	80		23 (2) Publishes the results of previous clinical trials in peer
91	81		24 reviewed publications.
92	82		25 (3) Has access to a clinical research center and the center's
93	83		26 resources, including research dedicated medical staff.
94	84		27 Sec. 3. The therapeutic psilocybin research fund is established
95	85		28 for the purpose of providing financial assistance to research
96	86		29 institutions in Indiana to study, in accordance with the
97	87		30 requirements established in section 6 of this chapter, the use of
98	88		31 psilocybin to treat mental health and other medical conditions.
99	89		32 Sec. 4. (a) The fund shall be administered by the state
100	90		33 department.
101	91		34 (b) The expenses of administering the fund shall be paid from
102	92		35 money in the fund.
103	93		36 Sec. 5. (a) The fund consists of:
104	94		37 (1) money received from state or federal grants or programs;
105	95		38 and
106	96		39 (2) gifts, money, and donations received from any other
107	97		40 source, including transfers from other funds or accounts.
108	98		41 (b) The treasurer of state shall invest the money in the fund not
109	99		42 currently needed to meet the obligations of the fund in the same
110		-	ES 139—LS 6465/DI 147 3
	100	+	SB 139—LS 6465/DI 147 3
111	101		1 manner as other public money may be invested. Interest that
112	102		2 accrues from these investments shall be deposited in the fund.
113	103		3 (c) Money in the fund at the end of a state fiscal year does not
114	104		4 revert to the state general fund.
115	105		5 (d) Money in the fund is continuously appropriated for purposes
116	106		6 of this chapter.
117	107		7 Sec. 6. (a) A research institution in Indiana may apply to the
118	108		8 state department to receive financial assistance from the fund to
119	109		9 conduct one (1) or more clinical studies to evaluate the efficacy of
120	110		10 psilocybin as an alternative treatment for mental health and other
121	111		11 medical conditions, including the following:
122	112		12 (1) Posttraumatic stress disorder, with a focus on treating the
123	113		13 disorder in combat veterans and first responders.
124	114		14 (2) Anxiety.
125	115		15 (3) Depression.
126	116		16 (4) Bipolar disorder.
127	117		17 (5) Chronic pain.
128	118		18 (6) Migraines.
129		-	19 (7) Alcohol use disorder.
130		-	20 (8) Tobacco use disorder.
131		-	21 (b) In conducting a clinical study under this section, a research
132		-	22 institution that receives a grant under this chapter shall do the
133		-	23 following:
134		-	24 (1) Include veterans and first responders in the study sample.
135		-	25 (2) Evaluate and determine whether psilocybin is an effective
136		-	26 treatment for mental health and other medical conditions
137		-	27 described in subsection (a).
138		-	28 (3) Compare the efficacy of psilocybin as a treatment for
139		-	29 mental health and other medical conditions described in
140		-	30 subsection (a) with the efficacy of other current treatment
141		-	31 options for mental health and other medical conditions
142		-	32 described in subsection (a).
143		-	33 (4) Before entering the study, require each participant to
144		-	34 undergo a mental health evaluation.
145		-	35 Sec. 7. After a research institution that receives a grant under
146		-	36 this chapter completes and finalizes a study under this chapter, a
147		-	37 research institution shall prepare and submit a report
148		-	38 summarizing the results of the study and any recommendations for
149		-	39 legislation to the following:
150		-	40 (1) The interim study committee on public health, behavioral
151		-	41 health, and human services established by IC 2-5-1.3-4 in an
152		-	42 electronic format under IC 5-14-6.
153		-	ES 139—LS 6465/DI 147 4
154		-	1 (2) The state department.
155		-	2 (3) The division of mental health and addiction.
156		-	3 Sec. 8. Not later than July 1, 2024, the state department shall
157		-	4 establish a process to administer the fund and process applications
158		-	5 under this chapter.
159		-	6 SECTION 4. An emergency is declared for this act.
160		-	ES 139—LS 6465/DI 147 5
	119	+	19 (b) In conducting a clinical study under this section, a research
	120	+	20 institution that receives a grant under this chapter shall do the
	121	+	21 following:
	122	+	22 (1) Include veterans and first responders in the study sample.
	123	+	23 (2) Evaluate and determine whether psilocybin is an effective
	124	+	24 treatment for mental health and other medical conditions
	125	+	25 described in subsection (a).
	126	+	26 (3) Compare the efficacy of psilocybin as a treatment for
	127	+	27 mental health and other medical conditions described in
	128	+	28 subsection (a) with the efficacy of other current treatment
	129	+	29 options for mental health and other medical conditions
	130	+	30 described in subsection (a).
	131	+	31 (4) Before entering the study, require each participant to
	132	+	32 undergo a mental health evaluation.
	133	+	33 Sec. 7. After a research institution that receives a grant under
	134	+	34 this chapter completes and finalizes a study under this chapter, a
	135	+	35 research institution shall prepare and submit a report
	136	+	36 summarizing the results of the study and any recommendations for
	137	+	37 legislation to the following:
	138	+	38 (1) The interim study committee on public health, behavioral
	139	+	39 health, and human services established by IC 2-5-1.3-4 in an
	140	+	40 electronic format under IC 5-14-6.
	141	+	41 (2) The state department.
	142	+	42 (3) The division of mental health and addiction.
	143	+	SB 139—LS 6465/DI 147 4
	144	+	1 Sec. 8. Not later than July 1, 2024, the state department shall
	145	+	2 establish a process to administer the fund and process applications
	146	+	3 under this chapter.
	147	+	4 SECTION 4. An emergency is declared for this act.
	148	+	SB 139—LS 6465/DI 147 5
161	149		COMMITTEE REPORT
162	150		Madam President: The Senate Committee on Health and Provider
163	151		Services, to which was referred Senate Bill No. 139, has had the same
164	152		under consideration and begs leave to report the same back to the
165	153		Senate with the recommendation that said bill be AMENDED as
166	154		follows:
167	155		Page 2, between lines 18 and 19, begin a new paragraph and insert:
168	156		"Sec. 2.5. As used in this chapter, "research institution" refers
169	157		to an organization that meets all of the following:
170	158		(1) Has an academic institution that operates an institutional
171	159		review board (IRB) that oversees research.
172	160		(2) Publishes the results of previous clinical trials in peer
173	161		reviewed publications.
174	162		(3) Has access to a clinical research center and the center's
175	163		resources, including research dedicated medical staff.".
176	164		Page 3, line 9, after "institution" insert "that receives a grant under
177	165		this chapter".
178	166		Page 3, line 21, after "institution" insert "that receives a grant
179	167		under this chapter".
180	168		and when so amended that said bill do pass and be reassigned to the
181	169		Senate Committee on Appropriations.
182	170		(Reference is to SB 139 as introduced.)
183	171		CHARBONNEAU, Chairperson
184	172		Committee Vote: Yeas 11, Nays 0.
185	173		_____
186	174		COMMITTEE REPORT
187	175		Madam President: The Senate Committee on Appropriations, to
188	176		which was referred Senate Bill No. 139, has had the same under
189	177		consideration and begs leave to report the same back to the Senate with
190	178		the recommendation that said bill be AMENDED as follows:
191	179		Delete the title and insert the following:
192	180		A BILL FOR AN ACT to amend the Indiana Code concerning
193	181		health and to make an appropriation.
194	182		Page 2, line 36, delete "of the following:" and insert "of:".
195	183		Page 2, delete lines 37 through 39, begin a new line block indented
196	184		and insert:
197		-	ES 139—LS 6465/DI 147 6
	185	+	SB 139—LS 6465/DI 147 6
198	186		"(1) money received from state or federal grants or programs;
199	187		and
200	188		(2) gifts, money, and donations received from any other
201	189		source, including transfers from other funds or accounts.".
202	190		Page 3, between lines 3 and 4, begin a new paragraph and insert:
203	191		"(d) Money in the fund is continuously appropriated for
204	192		purposes of this chapter.".
205	193		and when so amended that said bill do pass.
206	194		(Reference is to SB 139 as printed January 19, 2024.)
207	195		MISHLER, Chairperson
208	196		Committee Vote: Yeas 14, Nays 0.
209		-	_____
210		-	COMMITTEE REPORT
211		-	Mr. Speaker: Your Committee on Public Health, to which was
212		-	referred Senate Bill 139, has had the same under consideration and
213		-	begs leave to report the same back to the House with the
214		-	recommendation that said bill be amended as follows:
215		-	Page 3, between lines 18 and 19, begin a new line block indented
216		-	and insert:
217		-	"(7) Alcohol use disorder.
218		-	(8) Tobacco use disorder.".
219		-	and when so amended that said bill do pass.
220		-	(Reference is to SB 139 as printed February 2, 2024.)
221		-	BARRETT
222		-	Committee Vote: yeas 12, nays 1.
223		-	ES 139—LS 6465/DI 147
	197	+	SB 139—LS 6465/DI 147