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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
899
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
THE
MEDICAL
ADVANCED
HEALING
ACT;
AMENDING
TITLE
39,
IDAHO
CODE,
2
BY
THE
ADDITION
OF
A
NEW
CHAPTER
69,
TITLE
39,
IDAHO
CODE,
TO
PROVIDE
A
3
SHORT
TITLE,
TO
PROVIDE
LEGISLATIVE
FINDINGS,
TO
ESTABLISH
A
PILOT
PRO
-
4
GRAM,
TO
DEFINE
TERMS,
TO
PROVIDE
FOR
AUTHORIZED
ACTIVITIES,
SAFETY
RE
-
5
QUIREMENTS,
AND
LIMITATIONS,
TO
ESTABLISH
LICENSING
AND
RULEMAKING
AU
-
6
THORITY,
TO
ESTABLISH
A
FUND,
TO
PROVIDE
FOR
DATA
COLLECTION
AND
REPORT
-
7
ING,
AND
TO
PROVIDE
FOR
LEGISLATIVE
APPROVAL
OF
RULES;
PROVIDING
SEVER
-
8
ABILITY;
AND
DECLARING
AN
EMERGENCY.
9
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
10
SECTION
1.
That
Title
39,
Idaho
Code,
be,
and
the
same
is
hereby
amended
1
1
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
12
ter
69,
Title
39,
Idaho
Code,
and
to
read
as
follows:
13
CHAPTER
69
14
MEDICAL
ADVANCED
HEALING
ACT
15
39
-
6901.
SHORT
TITLE.
This
chapter
shall
be
known
and
may
be
cited
as
16
the
"Medical
Advanced
Healing
Act"
or
"MAHA."
17
39
-
6902.
LEGISLATIVE
FINDINGS.
The
legislature
finds
and
determines
18
that:
19
(1)
Many
Idahoans,
especially
veterans
and
first
responders
who
have
20
experienced
job
-
related
trauma,
suffer
from
post
-
traumatic
stress
dis
-
21
order,
depression,
substance
abuse
disorder,
traumatic
brain
injury,
and
22
other
serious
conditions
that
may
not
be
adequately
relieved
with
existing
23
treatments;
24
(2)
Individuals
who
suffer
from
addiction
to
drugs
or
alcohol
and
for
25
whom
existing
treatments
are
not
providing
relief
may
benefit
from
alterna
-
26
tive
treatments;
27
(3)
Emerging
research
indicates
that
certain
neuroplastogens
may
offer
28
meaningful
benefits
to
individuals
who
suffer
from
certain
health
con
-
29
ditions
when
delivered
in
a
controlled
clinical
setting
with
appropriate
30
screening,
supervision,
and
follow
-
up
care;
31
(4)
The
national
defense
authorization
act
of
2024
allows
states
to
32
partner
with
the
secretary
of
war
to
study
medicines
such
as
psilocybin,
33
MDMA,
and
ibogaine
for
treatment
of
serious
behavioral
health
conditions;
34
and
35
(5)
The
department
of
war
recently
provided
ten
million
dollars
36
($10,000,000)
to
study
these
emerging
modalities.
37
2
39
-
6903.
ESTABLISHMENT
OF
PILOT
PROGRAM.
(1)
The
purpose
of
this
chap
-
1
ter
is
to
establish
a
carefully
regulated
pilot
program
housed
in
the
depart
-
2
ment
of
health
and
welfare.
3
(2)
The
pilot
program
shall
be
designed
to
provide
initial
access
lim
-
4
ited
to
veterans,
first
responders,
and
those
suffering
from
addiction.
5
(3)
The
pilot
program
shall
be
designed
to:
6
(a)
Protect
public
health
and
safety
through
strong
screening,
profes
-
7
sional
standards,
and
diversion
control;
8
(b)
Improve
access
to
emerging
therapeutic
options
for
Idaho
veterans;
9
and
10
(c)
Generate
Idaho
-
specific
safety
outcomes
data
to
inform
future
leg
-
1
1
islative
action.
12
(4)
The
pilot
program
shall
be
administered
in
a
revenue
-
neutral
man
-
13
ner.
The
program
shall
be
funded
primarily
through
program
fees
and
volun
-
14
tary
grants
or
donations
and
not
by
ongoing
general
fund
appropriations
un
-
15
less
authorized
by
future
legislation.
16
(5)
Participation
in
the
pilot
program
shall
be
voluntary.
Nothing
in
17
this
chapter
shall
be
construed
to
require
any
person
to
participate
in
the
18
pilot
program.
19
(6)
The
legislature
shall
retain
full
authority
to
modify,
expand,
20
limit,
or
discontinue
the
pilot
program
established
pursuant
to
this
chap
-
21
ter.
22
39
-
6904.
DEFINITIONS.
As
used
in
this
chapter:
23
(1)
"Approved
medicine"
means
a
neuroplastogen
or
entheogenic
sub
-
24
stance
authorized
for
use
in
the
program.
Approved
medicines
shall
be
25
limited
to:
26
(a)
Psilocybin;
27
(b)
3,4
-
methylenedioxymethamphetamine
(MDMA);
28
(c)
Ibogaine;
and
29
(d)
Such
additional
medicines,
if
any,
as
may
be
subsequently
autho
-
30
rized
by
the
legislature.
31
(2)
"Department"
means
the
Idaho
department
of
health
and
welfare.
32
(3)
"Eligible
participant"
means
a
person
who:
33
(a)
Is
twenty
-
one
(21)
years
of
age
or
older;
34
(b)
Is
a
resident
of
Idaho;
35
(c)
Has
a
qualifying
condition;
and
36
(d)
Has
been
screened
and
approved
for
participation
in
the
program
37
pursuant
to
department
rule.
38
(4)
"Program"
means
the
medical
advanced
healing
act
(MAHA)
pilot
pro
-
39
gram
established
pursuant
to
this
chapter.
40
(5)
"Qualifying
condition"
means
post
-
traumatic
stress
disorder,
ma
-
41
jor
depressive
disorder,
substance
use
disorder,
or
another
serious
behav
-
42
ioral
health
condition
identified
by
department
rule
based
on
clinical
evi
-
43
dence
and
the
purposes
of
this
chapter.
44
39
-
6905.
AUTHORIZED
ACTIVITIES
-
-
SAFETY
REQUIREMENTS
-
-
LIMITA
-
45
TIONS.
(1)
To
the
extent
consistent
with
the
provisions
of
this
chapter
and
46
federal
law,
it
shall
be
lawful:
47
(a)
To
obtain,
possess,
store,
and
administer
approved
medicines;
and
48
3
(b)
For
an
eligible
participant
to
possess
and
consume
approved
1
medicine
during
a
supervised
administration
session
pursuant
to
de
-
2
partment
rule.
3
(2)
The
department
shall
adopt
rules
to
establish
minimum
safety
stan
-
4
dards,
including
rules
regarding:
5
(a)
Screening
for
medical
and
psychiatric
contraindications;
6
(b)
Informed
consent,
including
disclosure
of
material
risks
and
al
-
7
ternatives;
8
(c)
Requirements
for
preparation
and
post
-
administration
support
ser
-
9
vices;
10
(d)
Minimum
supervision
requirements
during
administration
sessions,
1
1
including
emergency
procedures
and
referral
pathways
for
higher
-
level
12
care;
and
13
(e)
Ethical
standards
and
professional
conduct
requirements
to
prevent
14
exploitation
and
abuse.
15
(3)
Approved
medicines
shall
not
be
dispensed
to
a
participant
unless
16
such
participant
is
supervised.
Unsupervised
use
shall
be
prohibited.
17
(4)
The
department
shall
require
secure
storage,
inventory
controls,
18
and
recordkeeping
sufficient
to
prevent
diversion
and
to
ensure
account
-
19
ability.
20
39
-
6906.
LICENSING
AND
RULEMAKING.
(1)
The
department
shall
promul
-
21
gate
rules
to
implement
and
administer
this
chapter,
including
rules
govern
-
22
ing:
23
(a)
Certification
and
training
requirements;
24
(b)
Licensing
standards,
inspections,
and
security
requirements;
25
(c)
Sourcing,
testing,
packaging,
labeling,
tracking,
and
disposal
of
26
approved
medicines;
27
(d)
Participant
eligibility,
screening
standards,
and
clinical
proto
-
28
cols;
and
29
(e)
Enforcement,
including
grounds
for
denial,
suspension,
and
revoca
-
30
tion
of
licensure
or
certification.
31
(2)
In
developing
rules,
the
department
shall
consult
with
stakehold
-
32
ers.
The
department
may
coordinate
with
federal
agencies.
33
(3)
The
department
may
implement
the
program
in
phases
and
shall
pri
-
34
oritize
readiness
and
safety
and
adjust
timelines
by
rule
if
necessary
to
35
safely
operate
the
pilot
program.
36
39
-
6907.
MAHA
FUND.
(1)
There
is
hereby
created
in
the
state
treasury
37
the
medical
advanced
healing
act
(MAHA)
fund,
which
shall
be
administered
by
38
the
department.
39
(2)
The
department
may
establish
reasonable
fees
by
rule
to
support
ad
-
40
ministration
and
oversight
of
the
program,
including
licensing
and
renewal
41
fees
and
a
modest
per
-
session
program
fee.
All
funds
collected
shall
be
de
-
42
posited
into
the
MAHA
fund
for
use
by
the
program.
43
(3)
The
department
may
accept
payments,
grants,
gifts,
or
donations
to
44
support
the
program,
including
to
subsidize
participation
by
veterans,
pro
-
45
vided
that
acceptance
of
such
payments,
grants,
gifts,
or
donations
does
not
46
create
a
conflict
of
interest
or
compromise
program
integrity.
All
funds
47
collected
shall
be
deposited
into
the
MAHA
fund
for
use
by
the
MAHA
program.
48
4
(4)
Moneys
in
the
fund
shall
be
used
only
for
purposes
of
implementing,
1
administering,
and
enforcing
this
chapter,
subject
to
appropriation
by
the
2
legislature.
3
(5)
The
state
treasurer
shall
invest
the
idle
moneys
of
the
MAHA
fund,
4
and
the
interest
earned
on
such
investments
shall
be
retained
by
the
MAHA
5
fund.
6
39
-
6908.
DATA
COLLECTION
AND
REPORTING.
(1)
The
department
shall
col
-
7
lect
de
-
identified
program
data
sufficient
to
evaluate
safety,
outcomes,
8
and
program
integrity.
9
(2)
Beginning
one
(1)
year
after
the
program
commences
services,
and
10
annually
thereafter,
the
department
shall
report
to
the
governor
and
germane
1
1
committees
of
the
legislature
regarding:
12
(a)
The
number
of
individuals
served
and
general
characteristics
of
13
participants;
14
(b)
The
number
and
types
of
sessions
conducted;
15
(c)
Aggregate
safety
outcomes;
16
(d)
Observed
changes
in
clinical
outcomes
as
available
and
appropri
-
17
ate;
and
18
(e)
Program
finances
and
fees.
19
(3)
The
department's
report
may
include
recommendations
for
improving
20
or
expanding
the
program,
including
any
proposed
statutory
changes.
21
(4)
The
department's
report
to
the
legislature
shall
be
provided
pur
-
22
suant
to
the
provisions
of
sections
67
-
466
and
67
-
705,
Idaho
Code.
23
39
-
6909.
LEGISLATIVE
APPROVAL
OF
RULES.
All
rules
established
pur
-
24
suant
to
this
chapter
shall
be
subject
to
legislative
approval.
25
SECTION
2.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
26
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
27
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
28
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
29
this
act.
30
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
31
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
32
passage
and
approval.
33