Texas 2023 - 88th Regular

Texas House Bill HB4423 Compare Versions

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1	1	By: Garcia H.B. No. 4423
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of the Psilocybin Research Advisory
7	7	Council.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
10	10	amended by adding Chapter 106 to read as follows:
11	11	CHAPTER 106. PSILOCYBIN RESEARCH ADVISORY COUNCIL
12	12	106.001. DEFINITION. In this subchapter "advisory council"
13	13	means the Psilocybin Research Advisory Council established under
14	14	this chapter.
15	15	106.002. ESTABLISHMENT OF ADVISORY COUNCIL. The commission
16	16	shall establish the Psilocybin Research Advisory Council to advise
17	17	the commission and the legislature on psilocybin research and
18	18	treatment.
19	19	106.003. APPOINTMENT OF ADVISORY COUNCIL MEMBERS. (a) The
20	20	advisory council is composed of the members appointed by the
21	21	executive commissioner as provided by this section.
22	22	(b) The advisory council must include at least:
23	23	(1) one member who is a physician with a federal
24	24	license to study psychedelics;
25	25	(2) one member who is a military veteran;
26	26	(3) one member who is a law enforcement officer in this
27	27	state;
28	28	(4) one member who is a professor or researcher from a
29	29	university who specializes in clinical research or psychedelic
30	30	studies; and
31	31	(5) ex officio representatives of the commission or
32	32	another state agency as the executive commissioner determines
33	33	appropriate.
34	34	(c) Advisory council members serve at the pleasure of the
35	35	executive commissioner.
36	36	Sec. 106.004. TERMS; VACANCY. (a) An advisory council
37	37	member serves a four-year term.
38	38	(b) If a vacancy occurs on the advisory council, a person
39	39	shall be appointed to fill the vacancy for the unexpired term.
40	40	Sec. 118.005. OFFICERS. Advisory council members shall:
41	41	(1) elect a chair and a vice chair; and
42	42	(2) establish the duties of the chair and the vice
43	43	chair.
44	44	Sec. 106.006. MEETINGS. The executive commissioner shall
45	45	set a time and place for regular meetings, which must occur at least
46	46	twice each year.
47	47	Sec. 106.007. DUTIES. The advisory council shall:
48	48	(1) establish criteria for the clinical trials that
49	49	qualify to receive research grants;
50	50	(2) oversee the application process and review
51	51	applications for the clinical trial research grants to assist the
52	52	commission in selecting the most credible clinical trials to award
53	53	the research grants;
54	54	(3) on or before July 1 of each year, make
55	55	recommendations to the legislature on psychedelic-assisted
56	56	therapy.
57	57	106.008. RESEARCH GRANTS. (a) The commission shall provide
58	58	from monies appropriated competitive research grants for whole
59	59	mushroom psilocybin phase one, phase two, and phase three clinical
60	60	trials that are capable of being approved by the United States Food
61	61	and Drug Administration to evaluate the effects of whole mushroom
62	62	psilocybin on treating any of the following:
63	63	(1) post-traumatic stress disorder;
64	64	(2) symptoms associated with long Covid-19;
65	65	(3) depression;
66	66	(4) anxiety disorders;
67	67	(5) symptoms associated with end-of-life distress;
68	68	(6) obsessive compulsive disorder;
69	69	(7) substance abuse and addiction disorders;
70	70	(8) eating disorders;
71	71	(9) chronic pain;
72	72	(10) inflammatory disorders;
73	73	(11) autoimmune disorders;
74	74	(12) seizure disorders; or
75	75	(13) other degenerative disorders.
76	76	(b) The commission shall announce the opening of the
77	77	application process at least thirty days before applications are
78	78	available and allow at least ninety days for applicants to complete
79	79	their submission.
80	80	(c) The research grants shall be awarded not later than July
81	81	1 of each year for three years. If in any year there is not a
82	82	proposal that meets the criteria for a research grant to be awarded
83	83	for a whole mushroom psilocybin clinical trial, the commission
84	84	shall postpone the award to the following year.
85	85	(d) Clinical trials that are funded pursuant this section
86	86	shall prioritize:
87	87	(1) using whole mushroom psilocybin cultivated under a
88	88	schedule I license issued by the United States Drug Enforcement
89	89	Administration; and
90	90	(2) using veterans, first responders, frontline
91	91	health care workers and persons from underserved communities as the
92	92	research subjects.
93	93	(e) A person who receives a grant for a whole mushroom
94	94	psilocybin clinical trial pursuant to this section and any of the
95	95	person's employees working on the clinical trial may not be charged
96	96	with or prosecuted for possession of psilocybin when the person is
97	97	working on the clinical trial.
98	98	Sec. 106.009. COMPENSATION AND REIMBURSEMENT. A member of
99	99	the advisory council is not entitled to compensation or
100	100	reimbursement for expenses incurred in performing advisory council
101	101	duties.
102	102	Sec. 106.010. SUNSET PROVISION. The Psilocybin Research
103	103	Advisory Council is subject to Chapter 325, Government Code (Texas
104	104	Sunset Act). Unless continued in existence as provided by that
105	105	chapter, the advisory council is abolished and this chapter expires
106	106	September 1, 2035.
107	107	SECTION 2. Not later than December 31, 2023, the executive
108	108	commissioner of the Health and Human Services Commission shall
109	109	appoint the members to the Psilocybin Research Advisory Council as
110	110	required by Section 106.003, Health and Safety Code, as added by
111	111	this Act.
112	112	SECTION 16. This Act takes effect September 1, 2023.