Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1263 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1759 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1263
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Susan L. Moran
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act regulating the safe use of psilocybin.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Susan L. MoranPlymouth and Barnstable 1 of 5
16	16	SENATE DOCKET, NO. 1759 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1263
18	18	By Ms. Moran, a petition (accompanied by bill, Senate, No. 1263) of Susan L. Moran for
19	19	legislation to regulate the safe use of psilocybin. Mental Health, Substance Use and Recovery.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act regulating the safe use of psilocybin.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. The General Laws are hereby amended by inserting, after Chapter 94I, the
29	29	2following chapter:-
30	30	3 CHAPTER 94J. PSILOCYBIN TREATMENT PROGRAM
31	31	4 Section 1. Definitions
32	32	5 For the purposes of this chapter, the following words shall have the following definitions:
33	33	6 “Approved treatment site”, means the location where a qualified applicant that has been
34	34	7selected under subsection (e) of this section as a provider of psilocybin-assisted therapy under
35	35	8the pilot program established pursuant to subsection (b) of this section will provide such therapy.
36	36	9 “Bureau”, the bureau of substance use addiction services.
37	37	10 “Department”, the department of mental health. 2 of 5
38	38	11 “Psilocybin”, a serotonin receptor agonist that occurs naturally in some mushroom
39	39	12species.
40	40	13 "Qualified applicant", a provider of mental or behavioral health services that has received
41	41	14approval from the federal Food and Drug Administration as an approved treatment site with an
42	42	15expanded access protocol that allows the provider access to an investigational drug for treatment
43	43	16use, including emergency use, pursuant to 21 CFR 312, as amended from time to time.
44	44	17 "Qualified patient", a resident of the commonwealth who is suffering from a mental
45	45	18health or substance use disorder.
46	46	19 Section 2. Psilocybin-assisted therapy pilot program
47	47	20 There shall be a psilocybin-assisted therapy pilot program operated by the bureau of
48	48	21substance use addiction services to provide qualified patients with the funding necessary to
49	49	22receive psilocybin-assisted therapy as part of any expanded access program approved by the
50	50	23federal Food and Drug Administration pursuant to 21 CFR 312, and located within the
51	51	24commonwealth. The bureau shall cease to operate the pilot program when psilocybin has been
52	52	25approved to have a medical use by the federal Drug Enforcement Administration, or any
53	53	26successor agency.
54	54	27 Section 3. Qualified Patients for Approved Treatment Sites Fund
55	55	28 There is hereby established a Qualified Patients for Approved Treatment Sites Fund
56	56	29administered by the bureau of substance use addiction services. The fund shall consist of
57	57	30amounts credited to the fund from any appropriations, grants, gifts or other money authorized by
58	58	31the general court or other parties and specifically designated to be credited to the fund and any 3 of 5
59	59	32income derived from the investment of amounts credited to the fund. Any unexpended balance in
60	60	33the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for
61	61	34expenditure in the subsequent fiscal year. The fund shall be used, without further appropriation,
62	62	35for grants to qualified applicants to provide psilocybin-assisted therapy to qualified patients
63	63	36under the pilot program established in section 2 of this chapter.
64	64	37 Section 4. Psilocybin Treatment Advisory Board
65	65	38 There is hereby established a Psilocybin Treatment and Advisory Board within the
66	66	39department of mental health.
67	67	40 The board shall consist of the following members: the secretary of health and human
68	68	41services or a designee, the secretary of public safety and security or a designee, the director of
69	69	42the department of mental health or a designee, the director of the bureau of substance use and
70	70	43addiction services, a representative from a licensed substance abuse rehabilitation program in the
71	71	44commonwealth appointed by the governor, a member appointed by the president of the Senate,
72	72	45and a member appointed by the speaker of the house of representatives.
73	73	46 The board shall advise the department and the legislature on the design and development
74	74	47of the regulations, infrastructure, or legislation necessary to safely allow for therapeutic access to
75	75	48psilocybin-assisted therapy upon the legalization of psilocybin. In advising the department and
76	76	49legislature under this subsection, the board shall:
77	77	50 (a) report on the data from the psilocybin-assisted therapy pilot program established
78	78	51under section 2 of this chapter to inform the development of such regulations; 4 of 5
79	79	52 (b) compile the necessary education, training, licensing and credentialing of therapists
80	80	53and facilitators, patient safety, harm reduction, the establishment of equity measures in both
81	81	54clinical and therapeutic settings, cost and insurance reimbursement considerations and standards
82	82	55of treatment facilities;
83	83	56 (c) examine the use of group therapy and other therapy options to reduce cost and
84	84	57maximize public health benefits from psilocybin treatments;
85	85	58 (d) monitor federal regulations and guidelines for referral and consideration by the state
86	86	59agencies of cognizance for implementation of such regulations and guidelines;
87	87	60 (e) develop a long-term strategic plan to improve mental health care through the use of
88	88	61psilocybin treatment;
89	89	62 (f) recommend equity measures for clinical subject recruitment and facilitator training
90	90	63recruitment;
91	91	64 (g) assist with the development of public awareness and education campaigns and;
92	92	65 (h) comply with any other mandates from the legislature of bureau of substance abuse
93	93	66addiction services.
94	94	67 The board may establish committees and subcommittees necessary for the operation of
95	95	68the board.
96	96	69 Annually, the board shall compile a report of its findings from its charges detailed above,
97	97	70including but not limited to the current status of federal regulations and guidelines surrounding
98	98	71the use of psilocybin, and progress on development of the long-term strategic plan. The report 5 of 5
99	99	72shall be transmitted to all members of the Psilocybin Treatment Advisory Board, and the clerks
100	100	73of the senate and house of representatives.
101	101	74 SECTION 2. This act shall take effect upon its passage.