PSILOCYBIN ADVISORY BOARD

Illinois General Assembly - Full Text of SB2772

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SB2772 - 104th General Assembly

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SB2772 Engrossed
LRB104 16758 AAS 30166 b
1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Illinois Psilocybin Advisory Board Act.

6

Section 5.
Findings.
The General Assembly finds that:
7

(1) Providing access to mental health services for
8

veterans is vital.
9

(2) Emerging research supports the use of
10

psychedelics, such as psilocybin, combined with
11

psychotherapy to treat mental health conditions, including
12

treatment-resistant depression, anxiety, post-traumatic
13

stress disorder (PTSD), substance use disorder, and
14

end-of-life psychological distress.
15

(3) The United States Food and Drug Administration
16

has:
17

(A) determined that preliminary clinical evidence
18

indicates that psilocybin may demonstrate substantial
19

improvement over available therapies for
20

treatment-resistant depression; and
21

(B) granted a "Breakthrough Therapy" designation
22

for a treatment that uses psilocybin as a therapy for
23

treatment-resistant depression.

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

(4) Through the Illinois Breakthrough Therapies for
2

Veteran Suicide Prevention Program, Illinois has become a
3

leader in providing access to breakthrough treatments for
4

veterans, including psilocybin and MDMA-assisted therapy.
5

(5) Research conducted by domestic and international
6

medical institutions indicates that, when used with the
7

appropriate treatment protocols, psilocybin can be
8

efficacious and safe for the treatment of a variety of
9

mental health conditions, including, but not limited to,
10

addiction, depression, anxiety disorders, headache
11

disorders, and end-of-life psychological distress.
12

(6) In order to transition away from criminalization
13

models while protecting people who use or may use drugs
14

and reducing any negative environmental or cultural
15

impacts, it is necessary to review the full legal context
16

in which relevant changes to the law are made. It is also
17

necessary to incorporate evidence-based policy, consult
18

with experts, and maintain open discourse based in harm
19

reduction, reciprocity, and human rights during the
20

process of developing alternative regulatory systems.

21

Section 10.
Definitions.
In this Act:
22

"Administration session" means a structured session held
23
under the direct supervision of a licensed facilitator where a
24
client consumes and experiences the effects of a psilocybin
25
product.

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

"Board" means the Illinois Psilocybin Advisory Board
2
established under this Act.
3

"Client" means an individual who has received a referral
4
for psilocybin service and who consumes a psilocybin product
5
in an administration session in this State.
6

"Entheogen" or "entheogenic substance" means the following
7
substances in any form, regardless of whether the substance is
8
regulated under the federal Controlled Substances Act or the
9
Illinois Controlled Substances Act:
10

(1) psilocybin;
11

(2) psilocin;
12

(3) dimethyltryptamine;
13

(4) ibogaine, except ibogaine from iboga;
14

(5) mescaline, except mescaline from peyote;
15

(6) methylenedioxymethamphetamine (MDMA);
16

(7) lysergic acid diethylamide; and
17

(8) ayahuasca.
18

"Facilitator" means an individual who facilitates the
19
provision of a psilocybin service in this State.
20

"Integration session" means a meeting between a client and
21
a facilitator that occurs after the client completes an
22
administration session.
23

"Post-administration evaluation session" means a meeting
24
between a client and a facilitator that occurs immediately
25
following the conclusion of an administration session and
26
prior to the client's release from the service center.

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

"Preparation session" means a meeting between a client and
2
a facilitator that occurs before the client participates in an
3
administration session.
4

"Psilocybin" means psilocybin or psilocin.
5

"Psilocybin product" means:
6

(1) psilocybin-producing fungi;
7

(2) mixtures or substances containing a detectable
8

amount of psilocybin naturally produced from
9

psilocybin-producing fungi; or
10

(3) synthetically produced psilocybin or psilocin.
11

"Psilocybin service" means a service provided to a client
12
before, during, or after the client's consumption of a
13
psilocybin product, including any of the following:
14

(1) a preparation session;
15

(2) an administration session;
16

(3) an integration session; or
17

(4) a post-administration evaluation session.

18

Section 15.
Illinois Psilocybin Advisory Board.
19

(a) The Illinois Psilocybin Advisory Board is established
20
within the Department of Financial and Professional Regulation
21
for the purpose of fulfilling the duties listed in Section 20
22
of this Act. The Board shall consist of the following voting
23
members:
24

(1) a member of the Senate, appointed by the President
25

of the Senate;

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

(2) a member of the Senate, appointed by the Minority
2

Leader of the Senate;
3

(3) a member of the House of Representatives,
4

appointed by the Speaker of the House of Representatives;
5

(4) a member of the House of Representatives,
6

appointed by the Minority Leader of the House of
7

Representatives;
8

(5) the Secretary of Financial and Professional
9

Regulation or the Secretary's designee;
10

(6) the Director of Agriculture or the Director's
11

designee; and
12

(7) a member of an Indigenous tribe or community or a
13

member of an organization representing an Indigenous tribe
14

or community with experience in the use of psychedelic
15

compounds, appointed by the Governor.
16

(b) The Board shall include one voting member from each
17
paragraph under this subsection (b). Individuals listed who
18
are not selected as the voting member may be appointed to serve
19
on the Board in a nonvoting advisory capacity:
20

(1) the executive director of a statewide association
21

representing county sheriffs or his or her designee, the
22

executive director of a statewide association representing
23

chiefs of police or his or her designee, a representative
24

of the Chicago Police Department, appointed by the
25

Governor, the Director of the Illinois State Police, or
26

the Director's designee;

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

(2) a veteran who has participated in clinical trials
2

related to psychedelic compounds, appointed by the
3

Governor, the Director of Veterans Affairs, or the
4

Director's designee;
5

(3) a physician licensed to practice medicine in all
6

its branches in this State, an emergency physician
7

licensed to practice in this State, a representative of a
8

poison control center, or a physician certified in medical
9

toxicology, appointed by the Governor;
10

(4) a doctor of osteopathic medicine licensed to
11

practice in this State or an individual who practices
12

naturopathy in this State, appointed by the Governor;
13

(5) a psychologist licensed to practice in this State
14

who has experience engaging in the diagnosis or treatment
15

of mental, emotional, and behavioral conditions, a
16

psychiatrist licensed to practice in this State who has
17

experience engaging in the diagnosis or treatment of
18

mental, emotional, and behavioral conditions, a
19

professional counselor or a clinical professional
20

counselor licensed to practice in this State who has
21

experience engaging in the diagnosis or treatment of
22

mental, emotional, and behavioral conditions, a child and
23

adolescent psychiatrist licensed to practice in this
24

State, or a geriatric psychiatrist licensed to practice in
25

this State, appointed by the Governor;
26

(6) a professional with experience conducting

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

scientific research regarding the use of psychedelic
2

compounds in clinical therapy, an individual with
3

experience in the field of mycology, an individual with
4

experience in the field of ethnobotany, or an individual
5

with experience in the field of psychopharmacology,
6

appointed by the Governor;
7

(7) a licensed social worker licensed in this State or
8

a licensed clinical social worker licensed in this State,
9

an individual with experience in the field of psilocybin
10

harm reduction, a certified alcohol and drug counselor
11

with advanced training who is certified to practice in
12

this State who has experience engaging in the diagnosis
13

and treatment of substance use disorders and co-occurring
14

conditions, an addiction medicine physician licensed to
15

practice in this State, or an addiction psychiatrist
16

licensed to practice in this State, appointed by the
17

Governor; and
18

(8) a public health surveillance expert, or an expert
19

in the field of public health, community sciences, or a
20

related health field or an individual who is a member of or
21

represents a group that provides public health services
22

directly to members of the public, appointed by the
23

Governor.
24

(c) The Board shall consist of the following nonvoting
25
members in advisory capacity:
26

(1) the Director of Revenue or the Director's

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

designee;
2

(2) the Director of Insurance or the Director's
3

designee;
4

(3) the Secretary of Human Services or the Secretary's
5

designee;
6

(4) the Illinois Chief Behavioral Health Officer; and
7

(5) the Director of Public Health or the Director's
8

designee, which may include a local health official.
9

(d) Within 3 months after the effective date of this Act,
10
the applicable appointing authority shall appoint the
11
individuals specified in subsections (b) and (c) to the Board.
12

(e) Board members shall serve at the pleasure of the
13
applicable appointing authority. Members may be eligible for
14
reappointment. If there is a vacancy for any reason, the
15
applicable appointing authority shall appoint an individual to
16
fill the vacancy in a timely manner.
17

(f) A majority of the voting members of the Board
18
constitutes a quorum for the transaction of business.
19

(g) Official action by the Board requires the approval of
20
a majority of the voting members of the Board.
21

(h) The Board shall elect one of its voting members to
22
serve as chairperson.
23

(i) By November 1, 2026, the Board shall hold its first
24
meeting at a time and place specified by the Governor. After
25
the first meeting of the Board, the Board shall meet at least
26
once monthly at a time and place determined by the chairperson

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1
or a majority of the voting members of the Board. The Board may
2
also meet at other times and places specified by the call of
3
the chairperson or a majority of the voting members of the
4
Board.
5

(j) The Board may adopt policies and procedures necessary
6
for the operation of the Board.
7

(k) The Board may establish committees or subcommittees
8
necessary for the operation of the Board.
9

(l) Board members shall serve without compensation.
10

(m) The Board, in compliance with the Open Meetings Act,
11
may meet virtually.

12

Section 20.
Duties of the Board.
13

(a) The Board shall perform the following duties:
14

(1) review the Oregon Psilocybin Services Act (Measure
15

109) and any related administrative rules and regulations,
16

the Colorado Natural Medicine Health Act of 2022
17

(Proposition 122) and any related administrative rules and
18

regulations, and other relevant initiatives to legalize or
19

decriminalize psilocybin use in other states or units of
20

local government in an effort to determine any successes
21

or failures that may be applied to the rulemaking process
22

in this State;
23

(2) review federal laws, regulations, and policies
24

regarding psilocybin;
25

(3) review existing research studies and real-world

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

data related to psilocybin; and
2

(4) review sustainability issues related to natural
3

psilocybin and the impact of natural psilocybin on
4

indigenous cultures, including existing reciprocity
5

efforts and continuing support measures.
6

(b) Within 18 months after the effective date of this Act,
7
the Board shall submit a report to the Governor and the General
8
Assembly that includes, but is not limited to:
9

(1) an evaluation of federal laws, regulations, and
10

policies regarding psilocybin;
11

(2) advice to the Department of Public Health, the
12

Department of Insurance, the Department of Human Services,
13

the Department of Agriculture, the Department of Financial
14

and Professional Regulation, the Illinois State Police,
15

the Department of Revenue, and the General Assembly with
16

respect to public health approaches regarding the use,
17

effect, and risk reduction of psilocybin and the content
18

and scope of educational campaigns related to the
19

legalization of psilocybin for use in medical and
20

psychological treatment;
21

(3) recommendations on available medical,
22

psychological, and scientific studies, research, and other
23

information relating to the safety and efficacy of
24

psilocybin in treating various health conditions,
25

including, but not limited to, addiction, depression,
26

anxiety and trauma disorders, headache disorders, and

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

end-of-life psychological distress;
2

(4) an evaluation of the medical efficacy of ibogaine
3

(except ibogaine from iboga), mescaline (except mescaline
4

from peyote), botanical forms of dimethyltryptamine,
5

methylenedioxymethamphetamine (MDMA), lysergic acid
6

diethylamide (LSD), and ayahuasca based on medical,
7

psychological, and scientific studies, research, clinical
8

trials in the United States, and other information related
9

to the safety and efficacy of each compound;
10

(5) recommendations concerning naturally occurring
11

psilocybin and synthetic psilocybin and the safety and
12

efficacy of these substances;
13

(6) whether this State should legalize psilocybin for
14

use in administration sessions;
15

(7) if the Board recommends the legalization of
16

psilocybin use in this State, recommendations on the
17

requirements, specifications, and guidelines for providing
18

psilocybin services to a client, including the following:
19

(A) the requirements, specifications, and
20

guidelines for holding and verifying the completion of
21

a preparation session, an administration session, and
22

an integration session;
23

(B) the contents of the client information and
24

consent forms that a client must complete and sign
25

before the client participates in an administration
26

session, giving particular consideration to the

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

following:
2

(i) the information that should be solicited
3

from the client to determine whether the client
4

should participate in the administration session,
5

including information that may identify risk
6

factors and contraindications;
7

(ii) the information that should be solicited
8

from the client to assist the service center
9

operator and the facilitator in meeting any public
10

health and safety standards and industry best
11

practices during the administration session; and
12

(iii) the health and safety warnings and other
13

disclosures that should be made to the client
14

before the client participates in the
15

administration session;
16

(8) recommendations on public health and safety
17

standards and industry best practices for psilocybin
18

product manufacturers, service center operators,
19

facilitators, and laboratories that conduct testing of
20

psilocybin products;
21

(9) recommendations on the formulation of a code of
22

professional conduct for facilitators, giving particular
23

consideration to a code of ethics and cultural
24

responsibility and outlining a clear process for reporting
25

complaints of unethical conduct by facilitators or service
26

center employees;

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

(10) recommendations on the education, experience, and
2

training that facilitators must achieve, including whether
3

such education, experience, and training should be
4

available through online resources, giving particular
5

consideration to the following:
6

(A) facilitation skills that are affirming,
7

nonjudgmental, nondirective, trauma-informed, and
8

rooted in informed consent;
9

(B) support skills for clients during an
10

administration session, including specialized skills
11

for the following:
12

(i) client safety;
13

(ii) clients who may have a mental health
14

condition;
15

(iii) appropriate boundaries, heightened
16

transference in expanded states of consciousness,
17

and special precautions related to the use of
18

touch in psilocybin sessions; and
19

(iv) crisis assessment and appropriate
20

referral for those who need ongoing support if
21

challenging mental health issues emerge in
22

psilocybin sessions;
23

(C) the environment in which psilocybin services
24

should occur;
25

(D) social and cultural considerations; and
26

(E) affordable, equitable, ethical, and culturally

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

responsible access to psilocybin and requirements to
2

ensure that the regulated psilocybin access program is
3

equitable and inclusive;
4

(11) recommendations on required examinations for the
5

licensure of facilitators;
6

(12) recommendations on public health and safety
7

standards and industry best practices for holding and
8

completing an administration session, including the
9

following:
10

(A) best practices surrounding group
11

administration;
12

(B) how clients can safely access common or
13

outside areas on the premises at which the
14

administration session is held;
15

(C) the circumstances under which an
16

administration session is considered complete; and
17

(D) the transportation needs of the client after
18

the completion of the administration session;
19

(13) if the Board recommends psilocybin be legalized
20

for use in administrative sessions, recommendations on a
21

long-term strategic plan for ensuring that psilocybin
22

services become and remain a safe, accessible, and
23

affordable therapeutic option for all persons 21 years of
24

age and older in this State for whom psilocybin may be
25

appropriate;
26

(14) actionable recommendations tailored for

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

clinicians, public behavioral health clinics, and any
2

other entities that may issue referrals for psilocybin
3

services;
4

(15) recommendations to the General Assembly and
5

relevant State agencies as to whether psilocybin and
6

associated services should be covered under a State health
7

insurance program or another insurance program as a
8

cost-effective intervention for various health conditions,
9

including, but not limited to, anxiety, substance use
10

disorders, alcoholism, depressive disorders, neurological
11

disorders, post-traumatic stress disorder, other painful
12

conditions, including, but not limited to, cluster
13

headaches, migraines, cancer, and phantom limbs, and
14

comfort care, including palliative care, support care, and
15

hospice care;
16

(16) recommendations on the availability of Medicaid
17

coverage for psilocybin and associated services;
18

(17) existing reciprocity efforts and continuing
19

support measures related to natural psilocybin and the
20

impact of psilocybin on Indigenous cultures; and
21

(18) a description of the Board's activities,
22

including, but not limited to, any recommendations and
23

advice to the Department of Public Health, the Department
24

of Agriculture, the Department of Financial and
25

Professional Regulation, the Illinois State Police, the
26

Department of Revenue, or the General Assembly.

SB2772 Engrossed
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LRB104 16758 AAS 30166 b
1

(b) The Department of Financial and Professional
2
Regulation shall provide technical, logistical, and other
3
support to the Board, as requested by the Board, to assist the
4
Board with its duties and obligations.

5

Section 90.
Repeal.
This Act is repealed 2 years after the
6
effective date of this Act.

7

Section 99.
Effective date.
This Act takes effect upon
8
becoming law.

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