This amendment adds strict funding rules that require the ibogaine research program to collect $150,000 in donations by January 1, 2028, and secure enough money for its full cost within one year or be cancelled.
HB26-1325
Ibogaine Research Pilot Program Act
In one sentence
This law creates a research program within the Behavioral Health Administration to study if ibogaine is safe and effective for treating mental health conditions and substance use disorders.
What it does
- Establishes an Ibogaine Research Pilot Program in the Behavioral Health Administration (BHA) that can select up to five pilot sites.
- Requires applicants for pilot sites to create a benefit-sharing plan with Indigenous communities traditionally connected to iboga plants.
- Allows the BHA and state licensing authorities to accept gifts, grants, and donations to fund program costs and research activities.
- Updates rules so all 15 voting members of the Division of Natural Medicine Advisory Board must have equal expertise in natural medicine areas.
- Protects facilitators from liability for injuries unless they act with intentional misconduct, gross negligence, or deviate from the standard of care.
Who it affects
- The Behavioral Health Administration (BHA) and its new pilot program committee.
- Facilities applying to become ibogaine research sites.
- Indigenous communities traditionally connected to the use of iboga plants.
- Natural medicine facilitators, healing centers, sales licensees, and other natural medicine businesses.
Limits and unknowns
- The pilot program can only operate if the BHA receives sufficient gifts, grants, or donations to cover costs.
- Pilot sites must pursue federal approval before they can legally conduct research studies on ibogaine.
- The law does not set a specific start date for when the pilot program will begin operations.
Plain language
Terms to know
- Ibogaine
- A psychoactive substance derived from the root bark of the tabernanthe iboga plant that is being studied for treating mental health issues and addiction.
- Benefit-sharing plan
- An arrangement with Indigenous communities to share benefits, such as financial support or research collaboration, arising from the use of ibogaine.
- Pilot site
- A facility selected by the state to administer the pilot program and study the safety and effectiveness of ibogaine.
Official record
Sources
Official summary
The act establishes the ibogaine research pilot program (pilot program) in the behavioral health administration (BHA) to research the safety and effectiveness of using ibogaine to treat mental health conditions and substance use disorders. The act requires the BHA to establish a committee to review pilot program site applications and make recommendations to the BHA on which applicants to accept. The BHA may select up to 5 ibogaine pilot sites. The act allows the BHA to seek, accept, and expend gifts, grants, and donations and establishes the ibogaine research pilot program cash fund. The pilot program is contingent on the BHA receiving sufficient gifts, grants, and donations to administer the pilot program and award grants to the selected ibogaine pilot sites to help with financing needs. Under current law, the division of natural medicine advisory board consists of 15 voting members, 8 of whom must have general expertise and experience related to natural medicine and 7 of whom must have specialized expertise and experience in various areas of natural medicine. The act amends the expertise and experience requirements to apply equally to all 15 voting members. The act adds that a facilitator of natural medicine services is not liable for a physical or psychological injury that a participant may experience as a result of the facilitator's performance or supervision of the natural medicine services that a participant receives, unless the injury is the result of the facilitator's intentional misconduct, gross negligence, or a deviation from the recognized standard of care. The act authorizes the state licensing authority for natural medicine or natural medicine product (state licensing authority) to adopt rules related to the administration, manufacturing, and use of ibogaine. The act sets requirements for how the state licensing authority must prioritize reviewing applications for licensure to facilitate natural medicine services and allows the state licensing authority to set different licensing fees depending on the type of natural medicine the applicant is seeking licensure for. The act allows the state licensing authority to accept gifts, grants, and donations from public or private sources and requires gifts, grants, or donations received to be deposited in the regulated natural medicine division cash fund. The act requires the BHA to work to secure federal research and development funding available through the advanced research projects agency for health within the federal department of health and human services, or other available funding, in order to advance research on the use of ibogaine for the treatment of serious mental illness. The act updates the powers and duties of the director of the division of professions and occupations to include adopting rules that guide the use and administration of ibogaine. A licensee seeking to cultivate, manufacture, dispense, or administer ibogaine shall, in consultation with Indigenous communities, establish a benefit-sharing plan that directly benefits those Indigenous communities. The act: Updates definition of 'administration session' to include the use of regulated natural medicine and regulated natural medicine product that the participant purchases to consume during the administration session; Prohibits a person from advertising bona fide harm reduction services or bona fide support services offered for remuneration, advertising natural medicine or natural medicine products, or using harm reduction services or support services to conduct sales of natural medicine; Clarifies that the state licensing authority is not required to conduct routine, periodic, or pre-operational inspections as a condition of licensure unless expressly required; Requires state licensing authority to adopt rules regarding licensing privileges and restrictions of a limited regulated natural medicine sales license and eligibility requirements for an applicant to obtain a limited regulated natural medicine sales license; Allows the state licensing authority to adopt rules regarding the application procedures and license requirement for a healing center to operate a temporary premises; and requirements for cultivation, manufacture, testing, or dispensing of ibogaine; Allows the department of public health and environment to issue a temporary premises permit to a licensed natural medicine healing center if certain conditions are met and allows a healing center to apply for a temporary premises permit; Prohibits a healing center licensee from selling regulated natural medicine or regulated natural medicine product unless a co-located limited regulated natural medicine sales licensee conducts the transaction in accordance with certain requirements; and Allows the director of the natural medicine division to issue an order to cease and desist if the director determines that a person is acting or has acted without a license to operate a natural medicine business or to own, grow, harvest, transfer, manufacture, supervise, provide, or administer natural medicine. (Note: This summary applies to this bill as enacted.)
Official activity
Bill history
- Governor SignedGovernor
- Sent to the GovernorGovernor
- Signed by the Speaker of the HouseHouse
- Signed by the President of the SenateSenate
- House Considered Senate Amendments - Result was to Concur - RepassHouse
- Senate Third Reading Passed - No AmendmentsSenate
- Senate Second Reading Special Order - Passed with Amendments - CommitteeSenate
- Senate Committee on Appropriations Refer Unamended to Senate Committee of the WholeSenate
- Senate Committee on Health & Human Services Refer Amended to AppropriationsSenate
- Introduced In Senate - Assigned to Health & Human ServicesSenate
- House Third Reading Passed - No AmendmentsHouse
- House Third Reading Laid Over Daily - No AmendmentsHouse
- House Second Reading Special Order - Passed with Amendments - CommitteeHouse
- House Committee on Appropriations Refer Amended to House Committee of the WholeHouse
- House Committee on Health & Human Services Refer Amended to AppropriationsHouse
- Introduced In House - Assigned to Health & Human ServicesHouse
Changes
Amendments
9 stored
This amendment changes how the state can work with others on ibogaine research and clarifies that certain legal protections for doctors do not apply to government administrative hearings.
This amendment adds rules to ensure that indigenous communities connected to the iboga plant receive fair benefits and are consulted when research or treatment programs use it.
This amendment adds specific safety rules for using ibogaine in a research program and requires officials to study adding it as an approved natural medicine.
This amendment adds a new rule stating that the state can only add more natural medicines to its licensing program if there is enough money available to pay for running it.
This amendment adds legal protections for program facilitators and requires companies to create benefit-sharing plans with Indigenous communities while protecting their traditional knowledge.
This amendment clarifies the definition of ibogaine to include specific plant sources and semi-synthetic versions, adds a revenue official to the oversight board, creates new safety rules for making and testing ibogaine products, and requires benefit-sharing agreements with indigenous communities.
This amendment updates the rules for natural medicine by defining how sessions work, setting limits on who can own healing centers, and creating new laws that ban selling these medicines in stores or online while allowing people to share them personally.
This amendment changes the rule for ending the ibogaine research program so it stops only if funding is not received, rather than under a different condition.