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House
File
2085
-
Introduced
HOUSE
FILE
2085
BY
WILLS
A
BILL
FOR
An
Act
relating
to
the
production
and
administration
of
1
psilocybin
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5087YH
(3)
91
ss/ko
H.F.
2085
Section
1.
Section
124.401,
subsection
5,
Code
2026,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
A
person
may
knowingly
or
intentionally
3
recommend,
possess,
use,
dispense,
deliver,
transport,
or
4
administer
psilocybin
if
the
recommendation,
possession,
use,
5
dispensing,
delivery,
transporting,
or
administering
is
in
6
accordance
with
the
provisions
of
chapter
124F.
7
Sec.
2.
NEW
SECTION
.
124F.1
Definitions.
8
For
the
purposes
of
this
chapter,
unless
the
context
9
otherwise
requires:
10
1.
“Active
psilocybin”
means
the
psychoactive
chemical
with
11
the
chemical
abstracts
service
registry
number
520-52-5.
12
2.
“Adulterant”
means
a
poisonous
or
deleterious
substance
13
in
a
quantity
that
may
be
injurious
to
health.
14
3.
“Adverse
event”
means
an
injury
or
suspected
injury
to
15
a
patient
that
results
in
an
escalation
of
care,
harm
to
a
16
patient,
or
rescue
of
a
patient
and
occurs
during
a
psilocybin
17
administration
session
or
within
twenty-four
hours
from
when
18
the
administration
session
ended.
19
4.
“Community
location”
means
a
public
or
private
elementary
20
or
secondary
school,
a
church,
a
public
library,
a
public
21
playground,
or
a
public
park.
22
5.
“Cultivation
space”
means,
quantified
in
square
feet,
23
the
horizontal
area
in
which
a
psilocybin
cultivation
facility
24
cultivates
psilocybin,
including
each
level
of
horizontal
area
25
if
the
psilocybin
cultivation
facility
hangs,
suspends,
stacks,
26
or
otherwise
positions
plants
above
other
plants
in
multiple
27
levels.
28
6.
“Department”
means
the
department
of
health
and
human
29
services.
30
7.
“Family
member”
means
a
parent,
stepparent,
spouse,
31
child,
sibling,
stepsibling,
uncle,
aunt,
nephew,
niece,
32
first
cousin,
mother-in-law,
father-in-law,
brother-in-law,
33
sister-in-law,
son-in-law,
daughter-in-law,
grandparent,
or
34
grandchild.
35
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8.
“Independent
psilocybin
testing
laboratory”
means
a
person
1
that
does
any
of
the
following:
2
a.
Conducts
a
chemical
or
other
analysis
of
psilocybin
or
a
3
psilocybin
product.
4
b.
Acquires,
possesses,
and
transports
psilocybin
or
a
5
psilocybin
product
with
the
intent
to
conduct
a
chemical
or
6
other
analysis
of
the
psilocybin
or
psilocybin
product.
7
9.
“Independent
psilocybin
testing
laboratory
agent”
8
means
an
individual
who
holds
a
valid
psilocybin
production
9
establishment
agent
registration
card
with
a
psilocybin
testing
10
laboratory
designation.
11
10.
“Inventory
control
system”
means
a
system
described
in
12
section
124F.2.
13
11.
“Licensing
board”
means
the
psilocybin
production
14
establishment
licensing
board
created
pursuant
to
section
15
124F.4.
16
12.
“Patient”
means
an
individual
for
whom
a
qualified
17
medical
psilocybin
provider
recommends
psilocybin.
18
13.
“Payment
provider”
means
an
entity
that
contracts
with
19
a
psilocybin
production
establishment
to
facilitate
transfer
20
of
funds
between
the
establishment
and
another
business
or
21
individual.
22
14.
“Psilocybin”
means
a
fresh
mushroom
containing
23
psilocybin
or
psilocin.
24
15.
“Psilocybin
administration
session”
means
the
time
25
period
from
when
a
qualified
medical
provider
administers
26
psilocybin
to
a
patient
to
the
time
the
patient
leaves
the
27
qualified
therapy
provider
location.
28
16.
“Psilocybin
biomass”
means
any
part
of
a
29
psilocybin-containing
fungus.
30
17.
“Psilocybin
byproduct”
means
any
part
of
a
31
psilocybin-containing
mushroom
which
is
not
used
or
intended
32
for
sale.
33
18.
“Psilocybin
cultivation
facility”
means
a
person
that
34
possesses
psilocybin,
grows
or
intends
to
grow
psilocybin,
and
35
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sells
or
intends
to
sell
psilocybin
to
a
qualified
therapy
1
provider.
2
19.
“Psilocybin
cultivation
facility
agent”
means
3
an
individual
who
holds
a
valid
psilocybin
production
4
establishment
agent
registration
card
with
a
cultivation
5
facility
designation.
6
20.
“Psilocybin
product”
means
any
portion
of
a
7
psilocybin-containing
mushroom
that
has
been
dried
and
is
8
intended
for
oral
consumption
by
a
patient.
9
21.
“Psilocybin
production
establishment”
or
“establishment”
10
means
a
psilocybin
cultivation
facility
or
an
independent
11
psilocybin
testing
laboratory.
12
22.
“Psilocybin
production
establishment
agent
registration
13
card”
means
a
registration
card
issued
by
the
department
that
14
authorizes
an
individual
to
act
as
a
psilocybin
production
15
establishment
agent,
and
that
designates
the
type
of
psilocybin
16
production
establishment
for
which
an
individual
is
authorized
17
to
act
as
an
agent.
18
23.
“Qualified
medical
psilocybin
provider”
means
a
19
physician
and
surgeon
or
osteopathic
physician
and
surgeon
20
licensed
pursuant
to
chapter
148,
a
physician
assistant
21
licensed
pursuant
to
chapter
148C,
an
advanced
registered
22
nurse
practitioner
licensed
under
chapter
152,
or
an
advanced
23
practice
registered
nurse
under
chapter
152E,
who
is
registered
24
by
the
department
under
section
124F.22
to
recommend
treatment
25
with
psilocybin.
26
24.
“Qualified
therapy
provider”
means
a
physician
and
27
surgeon
or
osteopathic
physician
and
surgeon
licensed
pursuant
28
to
chapter
148,
a
physician
assistant
licensed
pursuant
29
to
chapter
148C,
an
advanced
registered
nurse
practitioner
30
licensed
under
chapter
152,
an
advanced
practice
registered
31
nurse
under
chapter
152E,
a
psychologist
licensed
pursuant
32
to
chapter
154B,
or
a
social
worker
licensed
pursuant
to
33
chapter
154C
who
is
registered
by
the
department
to
administer
34
treatment
with
psilocybin.
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25.
“Qualified
therapy
provider
agent”
means
an
individual
1
who
holds
a
valid
qualified
therapy
provider
agent
registration
2
card.
3
26.
“Qualified
therapy
provider
agent
registration
card”
4
means
a
registration
card
issued
by
the
department
that
5
authorizes
an
individual
to
act
as
a
qualified
therapy
provider
6
agent.
7
27.
“Qualified
therapy
provider
location”
or
“provider
8
location”
means
a
facility
with
all
of
the
following:
9
a.
A
single,
secure
public
entrance.
10
b.
A
security
system
with
a
backup
power
source
that
detects
11
and
records
entry
and
provides
notice
of
an
unauthorized
entry
12
to
law
enforcement
when
the
facility
is
closed.
13
c.
A
lock
or
equivalent
restrictive
security
feature
on
any
14
area
where
the
psilocybin
or
psilocybin
product
is
stored
at
15
the
facility.
16
Sec.
3.
NEW
SECTION
.
124F.2
Inventory
control
system.
17
1.
Each
psilocybin
production
establishment
and
qualified
18
therapy
provider
shall
maintain
an
inventory
control
system
19
that
meets
all
of
the
requirements
of
this
section.
20
2.
An
inventory
control
system
shall
do
all
of
the
21
following:
22
a.
Track,
in
real
time,
psilocybin
and
psilocybin
product
23
using
a
unique
identifier
from
the
time
psilocybin
is
ready
to
24
be
harvested.
25
b.
Maintain
in
real
time
a
record
of
the
amount
of
26
psilocybin
or
psilocybin
product
in
the
possession
of
the
27
establishment
or
provider.
28
c.
Include
a
video
recording
system
that
is
tamper
proof
and
29
does
all
of
the
following:
30
(1)
Tracks
all
handling
and
processing
of
psilocybin
or
31
psilocybin
product
in
the
establishment
or
provider
location.
32
(2)
Stores
each
video
record
for
at
least
forty-five
days.
33
3.
A
psilocybin
production
establishment
or
qualified
34
therapy
provider
shall
allow
the
department,
or
a
financial
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2085
institution
designated
by
the
department,
to
validate
1
transactions
to
access
the
inventory
control
system
at
any
2
time.
3
4.
The
department
shall
adopt
rules
pursuant
to
chapter
4
17A
to
implement
this
section,
and
the
rules
shall
include
5
requirements
for
aggregate
or
batch
records
regarding
the
6
planting
and
propagation
of
psilocybin
before
being
tracked,
7
and
which
may
include
compatibility
standards
for
inventory
8
control
systems.
9
Sec.
4.
NEW
SECTION
.
124F.3
Notice
to
prospective
and
10
current
public
employees.
11
Prior
to
giving
a
current
employee
an
assignment
or
duty
that
12
arises
from
or
directly
relates
to
an
obligation
under
this
13
chapter,
or
hiring
a
prospective
employee
whose
assignments
or
14
duties
would
include
an
assignment
or
duty
that
arises
from
or
15
directly
relates
to
an
obligation
under
this
chapter,
a
state
16
employer
or
a
political
subdivision
employer
shall
give
the
17
employee
or
prospective
employee
a
written
notice
that
the
18
employee’s
or
prospective
employee’s
job
duties
may
require
the
19
employee
or
prospective
employee
to
engage
in
conduct
which
is
20
in
violation
of
the
criminal
laws
of
the
United
States.
21
Sec.
5.
NEW
SECTION
.
124F.4
Psilocybin
production
22
establishment
licensing
board.
23
1.
a.
There
is
created
within
the
department
the
psilocybin
24
production
establishment
licensing
board.
The
board
shall
25
consist
of
the
following
members,
appointed
by
the
director
of
26
the
department:
27
(1)
One
member
of
the
public
with
knowledge
of
psilocybin.
28
(2)
One
member
with
knowledge
and
experience
in
the
29
pharmaceutical
or
nutraceutical
manufacturing
industry.
30
(3)
One
member
representing
law
enforcement.
31
(4)
One
member
who
is
a
chemist
or
researcher
with
32
experience
in
manufacturing
and
who
is
associated
with
a
33
research
university.
34
(5)
One
member
who
has
a
background
in
fungus
or
mushroom
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cultivation
and
processing.
1
(6)
The
director
or
the
director’s
designee,
who
shall
serve
2
as
the
chairperson
of
the
board
and
as
a
nonvoting
member,
3
except
to
cast
a
deciding
vote
in
the
event
of
a
tie.
4
b.
A
person
is
ineligible
for
appointment
to
the
board
if
5
any
of
the
following
apply:
6
(1)
The
person
has
any
commercial
or
ownership
interest
in
a
7
psilocybin
production
establishment.
8
(2)
The
person
is
associated
with
a
business
that
has
an
9
owner,
officer,
director,
or
employee
whose
family
member
10
holds
a
license
or
has
an
interest
in
a
psilocybin
production
11
establishment.
12
(3)
The
person
is
employed
or
contracted
to
lobby
on
behalf
13
of
a
psilocybin
production
establishment.
14
c.
The
director
shall
ensure
that
no
two
members
of
the
15
board
are
employed
by
or
represent
the
same
business
or
16
nonprofit
organization.
17
d.
Members
of
the
board
shall
serve
a
term
of
four
years,
18
except
that
initial
members
of
the
board
shall
be
appointed
19
for
staggered
terms
such
that
the
director
appoints
two
or
20
three
board
members
every
two
years.
The
director
shall
fill
a
21
vacancy
on
the
board
for
the
balance
of
the
unexpired
term.
22
e.
The
director
may
remove
a
member
of
the
board
for
cause,
23
neglect
of
duty,
inefficiency,
or
malfeasance.
24
f.
Members
of
the
board
shall
serve
without
compensation
but
25
may
be
reimbursed
for
actual
expenses.
26
2.
The
board
shall
meet
as
called
by
the
chairperson
to
do
27
all
of
the
following:
28
a.
Review
each
license
application
for
compliance
with
this
29
chapter
and
rules
adopted
by
the
department.
30
b.
Conduct
a
public
hearing
to
consider
a
license
31
application.
32
c.
Make
a
determination
on
a
license
application.
33
3.
The
board
shall
hold
a
public
hearing
to
review
34
a
psilocybin
production
establishment’s
license
if
the
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establishment
changes
location
or
as
necessary
based
on
the
1
recommendation
of
the
department.
2
4.
The
board
is
not
subject
to
dissolution
pursuant
to
3
section
4A.5.
4
Sec.
6.
NEW
SECTION
.
124F.5
Psilocybin
production
5
establishment
——
license.
6
1.
A
person
shall
not
operate
a
psilocybin
production
7
establishment
unless
the
person
holds
a
psilocybin
production
8
establishment
license
issued
by
the
licensing
board
pursuant
to
9
this
chapter.
10
2.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
11
to
develop
a
process
for
soliciting
and
evaluating
applications
12
for
a
psilocybin
production
establishment
license.
13
3.
An
applicant
for
a
psilocybin
production
establishment
14
license
shall
submit
all
of
the
following:
15
a.
(1)
The
proposed
name
of
the
establishment
and
the
16
address
where
the
establishment
will
be
located,
except
as
17
provided
in
subparagraph
(2).
18
(2)
The
board
may
issue
a
provisional
license
to
an
19
applicant
who
submits
an
application
that
does
not
include
20
the
address
at
which
the
establishment
will
be
located.
The
21
department
shall
convert
a
provisional
license
to
a
license
if
22
the
provisional
licensee
submits
documentation
confirming
that
23
the
provisional
licensee
has
purchased
or
leased
a
location
24
meeting
the
requirements
of
subsection
4
and
section
124F.15.
25
b.
The
name
and
address
of
any
individual
who
has
any
of
the
26
following:
27
(1)
For
a
privately
held
company,
a
financial
or
voting
28
interest
in
the
proposed
psilocybin
production
establishment.
29
(2)
The
power
to
direct
the
management
or
control
of
the
30
proposed
psilocybin
production
establishment.
31
c.
An
operating
plan,
approved
by
the
department,
that
32
complies
with
section
124F.8
and
any
laws
that
the
municipality
33
or
county
in
which
the
person
is
located
adopts
regarding
the
34
operation
of
psilocybin
production
establishments.
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d.
A
statement
that
the
applicant
will
obtain
and
maintain
1
a
performance
bond
that
a
surety
authorized
to
transact
surety
2
business
in
this
state
issues
in
an
amount
of
at
least
one
3
hundred
thousand
dollars
for
each
psilocybin
cultivation
4
facility
license,
or
at
least
fifty
thousand
dollars
for
each
5
independent
psilocybin
testing
laboratory
license.
6
e.
An
application
fee
in
an
amount
determined
by
the
7
department.
8
f.
A
description
of
any
investigatory
or
adverse
action
9
taken
by
a
licensing
jurisdiction,
government
agency,
law
10
enforcement
agency,
or
court
in
any
state
for
any
violation
11
or
detrimental
conduct
in
relation
to
any
of
the
applicant’s
12
psilocybin-related
operations
or
businesses.
13
4.
A
psilocybin
production
establishment
shall
not
be
14
located
within
one
thousand
feet
of
a
community
location
or
15
in
or
within
five
hundred
feet
of
an
area
that
is
zoned
as
16
primarily
residential.
The
board
may
grant
a
waiver
to
reduce
17
the
proximity
requirements
in
this
subsection
by
up
to
twenty
18
percent
if
the
board
determines
that
it
is
not
reasonably
19
feasible
for
the
applicant
to
site
the
proposed
psilocybin
20
production
establishment
without
the
waiver.
21
5.
Upon
the
approval
of
an
application
for
a
license
under
22
this
section,
the
applicant
shall
pay
to
the
department
the
23
initial
licensing
fee,
as
determined
by
the
department
by
rule,
24
and
the
department
shall
inform
the
department
of
public
safety
25
of
the
license
approval.
26
6.
A
psilocybin
production
establishment
may
be
located
27
at
the
same
location
as
a
medical
cannabidiol
manufacturer
28
licensed
pursuant
to
section
124E.6
if
a
separate
license
is
29
obtained
for
each.
30
7.
If
the
licensing
board
receives
more
than
one
application
31
for
a
psilocybin
production
establishment
within
the
same
city
32
or
town,
the
licensing
board
shall
consult
with
the
local
33
land
use
authority
before
approving
any
of
the
applications
34
pertaining
to
that
city
or
town.
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8.
The
licensing
board
shall
not
issue
a
license
to
operate
1
an
independent
psilocybin
testing
laboratory
to
any
of
the
2
following
persons:
3
a.
A
person
who
holds
a
license
or
has
an
ownership
interest
4
to
operate
a
psilocybin
cultivation
facility.
5
b.
A
person
who
has
an
owner,
officer,
director,
or
employee
6
whose
family
member
holds
a
license
or
has
an
ownership
7
interest
in
a
psilocybin
cultivation
facility.
8
c.
A
person
who
has
an
ownership
interest
in
a
psilocybin
9
cultivation
facility.
10
9.
The
licensing
board
shall
not
issue
a
license
to
operate
11
a
psilocybin
production
establishment
to
an
applicant
if
an
12
individual
described
in
subsection
3,
paragraph
“b”
,
has
been
13
convicted
of
a
misdemeanor
for
drug
distribution,
or
convicted
14
of
a
felony,
or
is
younger
than
twenty-one
years
old.
15
10.
The
licensing
board
may,
at
the
discretion
of
the
16
licensing
board,
grant
preference
to
an
applicant
who
currently
17
holds
a
medical
cannabidiol
manufacturer
license
issued
18
pursuant
to
section
124E.6.
19
11.
The
licensing
board
may
revoke
a
license
issued
pursuant
20
to
this
section
if
any
of
the
following
apply:
21
a.
The
psilocybin
production
establishment
does
not
22
begin
operations
within
one
year
after
the
date
on
which
the
23
licensing
board
issues
the
initial
license.
24
b.
An
individual
psilocybin
production
establishment
25
operated
by
the
licensee
has
violated
the
same
provision
of
26
this
chapter
three
times.
27
c.
An
individual
described
in
subsection
3,
paragraph
“b”
,
28
is
convicted
of
a
misdemeanor
for
drug
distribution,
or
is
29
convicted
of
a
felony.
30
d.
The
licensee
fails
to
cooperate
with
an
investigation
31
of
the
psilocybin
production
establishment
conducted
by
the
32
licensing
board.
33
e.
The
psilocybin
production
establishment
demonstrates
34
a
willful
or
reckless
disregard
for
the
requirements
of
this
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chapter
or
the
rules
of
the
department.
1
f.
The
licensing
board
determines
that
the
psilocybin
2
production
establishment
no
longer
meets
the
minimum
standards
3
for
licensure
and
operation
of
the
psilocybin
production
4
establishment.
5
g.
For
an
independent
psilocybin
testing
laboratory,
6
the
independent
psilocybin
testing
laboratory
fails
to
7
substantially
meet
the
performance
standards
adopted
by
the
8
department
by
rule.
9
12.
If
the
municipality
or
county
where
the
licensed
10
psilocybin
production
establishment
will
be
located
requires
11
a
local
land
use
permit,
a
person
who
is
issued
a
psilocybin
12
production
establishment
license
under
this
chapter
shall
13
submit
to
the
licensing
board
a
copy
of
the
licensee’s
approved
14
land
use
permit
within
one
hundred
twenty
days
after
the
date
15
on
which
the
licensing
board
issues
the
license.
16
13.
The
department
shall
deposit
fees
imposed
under
this
17
section
into
the
general
fund
of
the
state.
18
14.
The
department
shall
begin
accepting
applications
under
19
this
chapter
on
July
1,
2026.
20
15.
The
licensing
board’s
authority
to
issue
a
license
under
21
this
section
shall
be
plenary
and
not
subject
to
review.
22
16.
The
licensing
board
shall
not
issue
more
than
four
23
licenses
to
operate
an
independent
psilocybin
testing
24
laboratory.
25
17.
The
department
may
operate
or
partner
with
a
research
26
university
to
operate
an
independent
psilocybin
testing
27
laboratory.
28
18.
A
psilocybin
production
establishment
license
shall
not
29
be
transferable
or
assignable.
30
Sec.
7.
NEW
SECTION
.
124F.6
Psilocybin
production
31
establishment
owners
and
directors
——
criminal
background
checks.
32
1.
The
division
of
criminal
investigation
of
the
department
33
of
public
safety
shall
conduct
a
thorough
investigation
of
34
each
applicant
for
a
psilocybin
production
establishment
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license
as
in
a
substantially
similar
manner
as
provided
in
1
section
124E.19.
The
division
shall
report
the
results
of
the
2
investigation
to
the
department.
3
2.
The
department
shall
collect
a
fee
from
the
applicant,
4
determined
by
the
department
by
rule,
to
cover
the
costs
of
the
5
investigation
by
the
division
of
criminal
investigation
of
the
6
department
of
public
safety.
The
department
shall
remit
the
7
fee
to
the
division.
8
Sec.
8.
NEW
SECTION
.
124F.7
License
renewal.
9
The
director
of
the
department
shall
renew
a
license
issued
10
pursuant
to
section
124F.5
on
an
annual
basis
if
all
of
the
11
following
apply:
12
1.
The
licensee
meets
all
of
the
requirements
for
initial
13
licensure.
14
2.
The
director
of
the
department
does
not
identify
a
15
significant
failure
of
compliance
with
this
chapter
or
grounds
16
for
revocation.
17
3.
The
licensee
pays
a
renewal
fee
as
determined
by
the
18
department
by
rule.
19
Sec.
9.
NEW
SECTION
.
124F.8
Operating
plan.
20
A
person
applying
for
a
psilocybin
production
establishment
21
license
or
license
renewal
shall
submit
to
the
department
for
22
the
department’s
review
a
proposed
operating
plan
that
includes
23
all
of
the
following:
24
1.
A
description
of
the
physical
characteristics
of
the
25
proposed
facility
or,
for
a
psilocybin
cultivation
facility,
no
26
more
than
two
facility
locations,
including
a
floor
plan
and
an
27
architectural
elevation.
28
2.
A
description
of
the
credentials
and
experience
of
29
each
officer,
director,
and
owner
of
the
proposed
psilocybin
30
production
establishment,
and
of
any
highly
skilled
or
31
experienced
prospective
employee.
32
3.
The
psilocybin
production
establishment’s
employee
33
training
standards.
34
4.
A
security
plan.
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5.
A
description
of
the
psilocybin
production
1
establishment’s
inventory
control
system.
2
6.
Storage
protocols
to
ensure
that
psilocybin
is
stored
in
3
a
manner
that
is
sanitary
and
preserves
the
integrity
of
the
4
psilocybin.
5
7.
For
a
psilocybin
cultivation
facility:
6
a.
Psilocybin
cultivation
practices,
including
the
7
facility’s
intended
pesticide
and
fertilizer
use.
8
b.
Square
footage
under
cultivation
and
anticipated
9
psilocybin
yield.
10
8.
For
an
independent
psilocybin
testing
laboratory:
11
a.
Psilocybin
and
psilocybin
product
testing
capacity.
12
b.
Psilocybin
and
psilocybin
product
testing
equipment.
13
c.
Testing
methods,
standards,
practices,
and
procedures
for
14
testing
psilocybin
or
psilocybin
product.
15
Sec.
10.
NEW
SECTION
.
124F.9
Psilocybin
production
16
establishment
agent
——
registration.
17
1.
An
individual
shall
not
act
as
a
psilocybin
production
18
establishment
agent
unless
the
department
registers
the
19
individual
as
a
psilocybin
production
establishment
agent,
20
regardless
of
whether
the
individual
is
a
seasonal,
temporary,
21
or
permanent
employee.
22
2.
None
of
the
following
individuals
shall
serve
as
a
23
psilocybin
production
establishment
agent
or
have
the
power
24
to
direct
or
cause
the
management
or
control
of
a
psilocybin
25
production
establishment:
26
a.
An
advanced
registered
nurse
practitioner
licensed
under
27
chapter
152
or
an
advanced
practice
registered
nurse
under
28
chapter
152E.
29
b.
An
individual
licensed
under
chapter
148
to
practice
30
medicine
and
surgery
or
osteopathic
medicine
and
surgery.
31
c.
A
physician
assistant
licensed
under
chapter
148C.
32
3.
An
independent
psilocybin
testing
laboratory
agent
may
33
not
act
as
a
psilocybin
cultivation
facility
agent.
34
4.
The
department
shall,
within
fifteen
business
days
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from
the
date
on
which
the
department
receives
a
complete
1
application
from
a
psilocybin
production
establishment
on
2
behalf
of
a
prospective
psilocybin
production
establishment
3
agent,
register
and
issue
a
psilocybin
production
establishment
4
agent
registration
card
to
the
prospective
psilocybin
5
production
establishment
agent
who
successfully
passes
a
6
criminal
background
investigation
as
provided
in
section
124F.6
7
if
the
psilocybin
production
establishment
does
all
of
the
8
following:
9
a.
Provides
to
the
department
the
prospective
psilocybin
10
production
establishment
agent’s
name
and
address.
11
b.
Pays
a
fee
to
the
department
in
an
amount
determined
by
12
the
department
by
rule.
13
5.
The
department
shall
designate,
on
an
individual’s
14
psilocybin
production
establishment
agent
registration
card,
15
the
type
of
psilocybin
production
establishment
for
which
the
16
individual
is
authorized
to
act
as
an
agent.
17
6.
a.
A
psilocybin
production
establishment
agent
shall
18
comply
with
either
a
certification
standard
developed
by
the
19
department
by
rule,
or
a
certification
standard
that
the
20
department
has
reviewed
and
approved.
21
b.
A
certification
standard
described
in
paragraph
“a”
shall
22
include
training
in
all
of
the
following:
23
(1)
Iowa
medical
psilocybin
law.
24
(2)
For
a
psilocybin
cultivation
facility
agent,
psilocybin
25
cultivation
best
practices.
26
(3)
For
an
independent
psilocybin
testing
laboratory
agent,
27
psilocybin
laboratory
testing
best
practices.
28
7.
A
psilocybin
production
establishment
agent
registration
29
card
shall
expire
two
years
from
the
date
the
department
issued
30
the
card.
A
psilocybin
production
establishment
agent
may
31
renew
the
agent’s
registration
card
if
the
agent
is
still
32
eligible
to
hold
a
psilocybin
production
establishment
agent
33
registration
card
and
pays
a
fee
determined
by
the
department
34
by
rule.
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8.
a.
A
psilocybin
production
establishment
agent
shall
1
carry
the
individual’s
psilocybin
production
card
with
the
2
agent
at
all
times
when
the
agent
is
on
the
premises
of
3
a
psilocybin
production
establishment
where
the
agent
is
4
registered,
or
when
the
agent
is
transporting
psilocybin
or
5
psilocybin
product.
6
b.
If
a
psilocybin
production
establishment
agent
possesses
7
psilocybin
or
psilocybin
product
and
produces
the
registration
8
card
while
handling
or
transporting
psilocybin
or
psilocybin
9
product,
there
is
a
rebuttable
presumption
that
the
agent
10
possesses
the
psilocybin
or
psilocybin
product
legally
and
11
a
law
enforcement
officer
does
not
have
probable
cause,
12
based
solely
on
the
agent’s
possession
of
the
psilocybin
or
13
psilocybin
product,
to
believe
that
the
individual
is
engaging
14
in
illegal
activity.
15
c.
A
psilocybin
production
establishment
agent
who
fails
to
16
carry
the
individual’s
psilocybin
production
card
as
required
17
by
paragraph
“a”
is
guilty
of
the
following
offenses:
18
(1)
For
a
first
offense,
or
second
offense
within
a
two-year
19
period,
a
simple
misdemeanor
punishable
by
a
fine
of
one
20
hundred
dollars.
21
(2)
For
a
third
or
subsequent
offense
within
a
two-year
22
period,
a
simple
misdemeanor
punishable
as
provided
by
law.
23
d.
For
each
violation
of
paragraph
“c”
,
the
department
may
24
assess
the
relevant
psilocybin
production
establishment
a
fine
25
of
up
to
five
thousand
dollars.
26
Sec.
11.
NEW
SECTION
.
124F.10
Psilocybin
production
27
establishment
——
general
operation
requirements.
28
1.
A
psilocybin
production
establishment
shall
operate
in
29
accordance
with
the
operating
plan
submitted
by
the
psilocybin
30
production
establishment
pursuant
to
section
124F.8.
A
31
psilocybin
production
establishment
shall
notify
the
department
32
prior
to
implementing
a
change
to
the
establishment’s
operating
33
plan.
The
department
shall
inform
the
establishment
of
any
34
deficiencies
in
the
new
operating
plan.
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2.
a.
Except
as
provided
in
paragraph
“b”
,
a
psilocybin
1
production
establishment
shall
operate
in
a
facility
that
2
is
accessible
only
by
an
individual
with
a
valid
psilocybin
3
production
establishment
agent
registration
card.
4
b.
A
psilocybin
production
establishment
may
authorize
5
an
individual
who
is
at
least
eighteen
years
of
age
and
who
6
is
not
a
psilocybin
production
establishment
agent
to
access
7
the
psilocybin
production
establishment
if
the
psilocybin
8
production
establishment
tracks
and
monitors
the
individual
at
9
all
times
while
the
individual
is
at
the
psilocybin
production
10
establishment,
and
maintains
a
record
of
the
individual’s
11
access,
including
arrival
and
departure.
12
3.
A
psilocybin
production
establishment
shall
not
employ
13
an
individual
who
is
younger
than
twenty-one
years
of
age
or
14
who
has
been
convicted
of
a
misdemeanor
for
drug
distribution,
15
or
convicted
of
a
felony.
16
4.
A
psilocybin
production
establishment
shall
operate
in
a
17
facility
that
has
all
of
the
following:
18
a.
A
single,
secure
public
entrance.
19
b.
A
security
system
with
a
backup
power
source
that
does
20
all
of
the
following:
21
(1)
Detects
and
records
entry
into
the
psilocybin
22
production
establishment.
23
(2)
Provides
notice
of
an
unauthorized
entry
to
law
24
enforcement
when
the
psilocybin
production
establishment
is
25
closed.
26
(3)
Secures
any
area
where
the
psilocybin
production
27
establishment
stores
psilocybin
or
a
psilocybin
product.
28
Sec.
12.
NEW
SECTION
.
124F.11
Inspections.
29
1.
The
department
may
inspect
the
records
and
facility
of
a
30
psilocybin
production
establishment
at
any
time
during
business
31
hours
to
determine
if
the
psilocybin
production
establishment
32
complies
with
this
chapter.
33
2.
An
inspection
under
this
section
may
include
all
of
the
34
following:
35
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5087YH
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91
ss/ko
15/
45
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2085
a.
Inspection
of
a
site,
facility,
vehicle,
book,
record,
1
paper,
document,
data,
and
other
physical
or
electronic
2
information.
3
b.
Questioning
of
any
relevant
individual.
4
c.
Observation
of
an
independent
psilocybin
testing
5
laboratory’s
methods,
standards,
practices,
and
procedures.
6
d.
The
sampling
of
a
specimen
of
psilocybin
or
psilocybin
7
product
sufficient
for
testing
purposes.
8
e.
Inspection
of
equipment,
an
instrument,
a
tool,
or
9
machinery,
including
a
container
or
label.
10
3.
In
conducting
an
inspection
under
this
section,
the
11
department
may
review
and
make
copies
of
a
book,
record,
paper,
12
document,
data,
or
other
physical
or
electrical
information,
13
including
financial
data,
sales
data,
shipping
data,
pricing
14
data,
and
employee
data.
15
4.
The
department
may
impose
a
fee,
or
a
license
or
16
registration
suspension
or
revocation,
if
a
psilocybin
17
production
establishment
fails
to
comply
with
this
section.
18
Sec.
13.
NEW
SECTION
.
124F.12
Advertising.
19
1.
A
psilocybin
production
establishment
shall
not
20
advertise
to
the
general
public
in
any
medium,
except
that
a
21
psilocybin
production
establishment
may
advertise
an
employment
22
opportunity
at
the
psilocybin
production
establishment.
23
2.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
24
for
standards
relating
to
advertising
by
a
qualified
medical
25
psilocybin
provider
or
qualified
therapy
provider.
The
rules
26
shall
ensure
that
advertising
by
a
qualified
medical
psilocybin
27
provider
or
qualified
therapy
provider
does
not
imply
that
the
28
psilocybin
may
be
used
for
recreational
purposes.
29
Sec.
14.
NEW
SECTION
.
124F.13
Psilocybin
transportation.
30
1.
No
individual
other
than
the
following
may
transport
31
psilocybin
or
a
psilocybin
product:
32
a.
A
registered
psilocybin
production
establishment
agent.
33
b.
A
qualified
therapy
provider.
34
c.
A
registered
qualified
therapy
provider
agent.
35
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5087YH
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91
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16/
45
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2085
d.
An
agent
of
the
department
conducting
an
inspection
1
pursuant
to
section
124F.11.
2
2.
An
individual
transporting
psilocybin
or
psilocybin
3
product
shall
be
employed
by
the
individual
authorizing
the
4
transportation
and
possess
a
manifest
that
includes
all
of
the
5
following:
6
a.
A
unique
identifier
that
links
the
psilocybin
or
7
psilocybin
product
to
a
relevant
inventory
control
system.
8
b.
The
origin
and
destination
information
for
any
psilocybin
9
or
psilocybin
product
that
the
person
is
transporting.
10
c.
The
departure
and
arrival
times
of
the
individual
11
transporting
the
psilocybin
or
psilocybin
product.
12
3.
A
registered
psilocybin
production
establishment
13
agent
transporting
psilocybin
or
psilocybin
product
without
14
a
manifest
as
provided
in
subsection
2
is
guilty
of
a
simple
15
misdemeanor
punishable
by
a
fine
of
one
hundred
dollars.
16
However,
if
the
registered
psilocybin
production
establishment
17
agent
is
carrying
more
psilocybin
or
psilocybin
product
than
is
18
indicated
on
the
manifest,
other
than
a
de
minimis
amount,
the
19
registered
psilocybin
production
establishment
agent
is
subject
20
to
penalties
as
provided
in
chapter
124.
21
4.
This
section
shall
not
prohibit
the
department
from
22
taking
administrative
enforcement
action
against
a
psilocybin
23
production
establishment
or
another
person
for
failing
to
make
24
a
transport
in
compliance
with
this
section.
25
Sec.
15.
NEW
SECTION
.
124F.14
Psilocybin
——
excess
and
26
disposal.
27
1.
As
used
in
this
section,
“psilocybin
waste”
means
waste
28
and
unused
material
from
the
cultivation
and
production
of
29
psilocybin
or
psilocybin
product
under
this
chapter.
30
2.
A
psilocybin
production
establishment
shall
do
all
of
the
31
following:
32
a.
Render
psilocybin
waste
unusable
and
unrecognizable
33
before
transporting
it
from
the
psilocybin
production
34
establishment.
35
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2085
b.
Dispose
of
the
psilocybin
waste
in
compliance
with
all
1
applicable
state
and
federal
laws.
2
3.
A
person
shall
not
transport
or
dispose
of
psilocybin
3
waste
other
than
as
provided
in
this
section.
4
Sec.
16.
NEW
SECTION
.
124F.15
Psilocybin
production
5
establishment
——
local
control.
6
1.
A
local
government
shall
allow
a
psilocybin
production
7
establishment
to
operate
in
any
zone
designated
for
industrial
8
use
unless
the
local
government
has
designated
by
ordinance
9
at
least
one
industrial
zone
for
the
operation
of
psilocybin
10
production
establishments
before
a
person
submits
an
11
application
for
the
establishment
of
a
psilocybin
production
12
establishment
to
the
local
government.
13
2.
A
local
government
shall
allow
a
psilocybin
production
14
establishment
to
operate
in
any
zone
designated
for
15
agricultural
use
unless
the
local
government
has
designated
by
16
ordinance
at
least
one
agricultural
zone
for
the
operation
of
17
psilocybin
production
establishments
before
a
person
submits
an
18
application
for
the
establishment
of
a
psilocybin
production
19
establishment
to
the
local
government.
20
3.
A
psilocybin
production
establishment
may
operate
on
21
land
that
a
local
government
has
not
zoned.
22
4.
A
local
government
shall
not
do
any
of
the
following:
23
a.
Revoke
from,
or
refuse
to
issue
a
license
or
permit
to,
24
a
psilocybin
production
establishment
on
the
sole
basis
that
25
the
applicant
or
psilocybin
production
establishment
violates
26
federal
law
regarding
the
legal
status
of
psilocybin.
27
b.
Require
a
certain
distance
between
a
psilocybin
28
production
establishment
and
another
psilocybin
production
29
establishment
or
a
retail
tobacco
store
as
defined
in
section
30
142D.2.
31
c.
Enforce
an
ordinance
against
a
psilocybin
production
32
establishment
that
was
not
in
effect
on
the
date
the
psilocybin
33
production
establishment
submitted
a
complete
application
to
34
the
local
government.
35
-18-
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5087YH
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91
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18/
45
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2085
Sec.
17.
NEW
SECTION
.
124F.16
Psilocybin
cultivation
1
facility
——
growing
and
harvesting.
2
1.
A
psilocybin
cultivation
facility
shall
use
a
unique
3
identifier
that
is
connected
to
the
facility’s
inventory
4
control
system
to
identify
all
of
the
following:
5
a.
Each
unique
harvest
of
psilocybin.
6
b.
Each
batch
of
psilocybin
that
the
facility
transfers
to
7
an
independent
psilocybin
testing
laboratory.
8
c.
Any
psilocybin
waste,
as
defined
in
section
124F.14,
of
9
which
the
psilocybin
cultivation
facility
disposes.
10
2.
A
psilocybin
cultivation
facility
shall
identify
11
psilocybin
biomass
as
psilocybin
byproduct
or
psilocybin
12
product
before
transferring
the
psilocybin
biomass
from
the
13
facility.
14
3.
A
psilocybin
cultivation
facility
shall
destroy
15
psilocybin
cultivation
byproduct
as
provided
in
section
16
124F.15.
17
Sec.
18.
NEW
SECTION
.
124F.17
Psilocybin
cultivation
18
facility
——
sales.
19
1.
A
psilocybin
cultivation
facility
shall
not
sell
a
20
product
other
than
a
psilocybin
product
or
educational
material
21
related
to
the
medical
use
of
psilocybin.
22
2.
A
psilocybin
cultivation
facility
shall
not
sell
a
23
product
to
a
person
other
than
a
qualified
therapy
provider
or
24
a
registered
agent
of
a
qualified
therapy
provider.
25
Sec.
19.
NEW
SECTION
.
124F.18
Psilocybin
cultivation
26
facility
——
labeling.
27
1.
A
psilocybin
cultivation
facility
shall
label
a
28
psilocybin
or
psilocybin
product
with
the
amount
of
active
29
psilocybin
in
the
psilocybin
or
psilocybin
product.
30
2.
The
department
may
adopt
rules
pursuant
to
chapter
17A
to
31
establish
labeling
requirements
for
a
psilocybin
product.
32
Sec.
20.
NEW
SECTION
.
124F.19
Independent
psilocybin
33
testing
laboratory
——
psilocybin
and
psilocybin
product
testing.
34
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
35
-19-
LSB
5087YH
(3)
91
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19/
45
H.F.
2085
to
do
all
of
the
following:
1
a.
Identify
the
adulterant
analyses
required
to
be
performed
2
on
psilocybin
or
psilocybin
product.
3
b.
Determine
the
level
of
each
adulterant
that
is
safe
for
4
human
consumption.
5
c.
Establish
protocols
for
a
recall
of
psilocybin
or
6
psilocybin
product
by
a
psilocybin
production
establishment.
7
2.
The
department
may
require
an
independent
psilocybin
8
testing
laboratory
to
test
for
a
toxin
if
the
department
9
receives
information
indicating
the
potential
presence
of
a
10
toxin,
or
the
department’s
inspector
has
reason
to
believe
a
11
toxin
may
be
present
based
on
the
inspection
of
a
facility.
12
3.
A
psilocybin
production
establishment
may
not
transfer
13
psilocybin
or
psilocybin
product
to
a
qualified
therapy
14
provider
until
an
independent
psilocybin
testing
laboratory
15
tests
a
representative
sample
of
the
psilocybin
or
psilocybin
16
product
as
provided
by
the
department
by
rule.
17
4.
Before
the
sale
of
a
psilocybin
product,
an
independent
18
psilocybin
testing
laboratory
shall
identify
and
quantify
the
19
amount
of
active
psilocybin
present
in
the
psilocybin
product.
20
5.
The
department
shall
adopt
rules
pursuant
to
chapter
21
17A
for
standards,
methods,
practices,
and
procedures
for
the
22
testing
of
psilocybin
and
psilocybin
products
by
an
independent
23
psilocybin
laboratory.
24
6.
The
department
may
require
an
independent
psilocybin
25
testing
laboratory
to
participate
in
a
proficiency
evaluation
26
that
the
department
conducts,
or
that
an
organization
that
the
27
department
approves
conducts.
28
Sec.
21.
NEW
SECTION
.
124F.20
Independent
psilocybin
29
testing
laboratory
——
inspections.
30
1.
If
an
independent
psilocybin
testing
laboratory
31
determines
that
the
results
of
a
laboratory
test
indicate
that
32
a
psilocybin
or
psilocybin
product
batch
may
be
unsafe
for
33
human
use:
34
a.
The
independent
psilocybin
testing
laboratory
shall
35
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5087YH
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45
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2085
report
the
laboratory
test
results
and
the
psilocybin
or
1
psilocybin
product
batch
to
the
department
and
the
psilocybin
2
cultivation
facility
from
which
the
batch
originated.
3
b.
The
department
shall
place
a
hold
on
the
psilocybin
or
4
psilocybin
products
to
conduct
a
root
cause
analysis
of
the
5
defective
batch
and
make
a
determination
as
to
the
root
cause.
6
The
psilocybin
cultivation
facility
that
grew
the
psilocybin
7
may
appeal
the
determination
of
the
department.
8
2.
If
the
department
determines
that
psilocybin
or
9
psilocybin
product
prepared
by
a
psilocybin
cultivation
10
establishment
is
unsafe
for
human
consumption,
the
department
11
may
seize,
embargo,
or
destroy
the
psilocybin
or
psilocybin
12
product
batch
as
provided
in
section
124F.14.
13
3.
If
an
independent
psilocybin
testing
laboratory
14
determines
that
the
results
of
a
lab
test
indicate
that
the
15
active
psilocybin
content
of
psilocybin
or
a
psilocybin
product
16
batch
diverges
more
than
ten
percent
from
the
amount
the
label
17
indicates,
the
psilocybin
cultivation
facility
shall
not
sell
18
the
psilocybin
or
psilocybin
product
batch
unless
the
facility
19
replaces
the
incorrect
label
with
a
label
that
correctly
20
indicates
the
active
psilocybin
content.
21
Sec.
22.
NEW
SECTION
.
124F.21
Psilocybin
electronic
22
verification
system.
23
1.
The
department,
in
consultation
with
the
department
of
24
agriculture
and
land
stewardship
and
the
department
of
public
25
safety,
shall
adopt
rules
pursuant
to
chapter
17A
for
the
26
creation
and
operation
of
an
electronic
verification
system
27
that,
at
minimum,
does
all
of
the
following:
28
a.
Allows
a
qualified
medical
psilocybin
provider
to
access
29
dispensing
information
regarding
a
patient
of
the
qualified
30
medical
psilocybin
provider,
electronically
recommend
or
renew
31
a
recommendation
for
psilocybin
or
a
psilocybin
product,
32
connect
with
an
inventory
control
system
that
a
psilocybin
33
production
establishment
uses
to
track
in
real
time
and
archive
34
purchases
of
any
psilocybin
or
psilocybin
product,
and
connect
35
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5087YH
(3)
91
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21/
45
H.F.
2085
with
an
inventory
control
system
that
a
psilocybin
production
1
establishment
utilizes.
2
b.
Allows
access
by
all
of
the
following:
3
(1)
The
department
to
the
extent
necessary
to
carry
out
the
4
department’s
functions
and
responsibilities.
5
(2)
The
department
of
inspections,
appeals,
and
licensing
6
to
carry
out
the
functions
and
responsibilities
related
to
7
the
participation
of
qualified
medical
psilocybin
providers
8
and
qualified
therapy
providers
in
the
recommendation
and
9
administration
of
psilocybin.
10
c.
Creates
a
record
each
time
a
person
accesses
the
system
11
that
identifies
the
person
who
accessed
the
system
and
the
12
individual
whose
records
the
person
accessed.
13
d.
Keeps
a
current
record
of
the
total
number
of
individuals
14
who
have
a
psilocybin
recommendation
issued
pursuant
to
section
15
124F.23.
16
2.
The
department
may
release
limited
data
from
the
17
electronic
verification
system
for
the
purposes
of
conducting
18
research,
issuing
required
reports,
or
for
other
official
19
department
purposes.
20
3.
a.
A
person
who
knowingly
and
intentionally
releases
any
21
information
from
the
state
electronic
verification
system
in
22
violation
of
this
section
is
guilty
of
a
class
“D”
felony.
23
b.
A
person
who
negligently
or
recklessly
releases
any
24
information
from
the
state
electronic
verification
system
in
25
violation
of
this
section
is
guilty
of
a
serious
misdemeanor.
26
4.
a.
A
person
who
obtains
or
attempts
to
obtain
27
information
from
the
state
electronic
verification
system
by
28
misrepresentation
or
fraud
is
guilty
of
a
class
“D”
felony.
29
b.
A
person
who
obtains
or
attempts
to
obtain
information
30
from
the
state
electronic
verification
system
for
a
purpose
31
other
than
a
purpose
authorized
in
this
chapter
is
guilty
of
a
32
class
“D”
felony.
33
5.
a.
Except
as
provided
in
paragraph
“b”
,
a
person
who
34
knowingly
and
intentionally
uses,
releases,
publishes,
or
35
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5087YH
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45
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2085
otherwise
makes
available
to
any
other
person
information
1
obtained
from
the
state
electronic
verification
system
for
2
any
purpose
other
than
a
purpose
specified
in
this
section
is
3
guilty
of
a
class
“D”
felony.
4
b.
This
subsection
shall
not
prohibit
a
person
who
5
rightfully
obtains
information
from
the
state
electronic
6
verification
system
from
including
the
information
in
7
the
person’s
medical
chart
or
file
for
access
by
a
person
8
authorized
to
review
the
medical
chart
or
file,
providing
the
9
information
to
a
person
in
accordance
with
the
requirements
of
10
the
federal
Health
Insurance
Portability
and
Accountability
Act
11
of
1996,
Pub.
L.
No.
104-191,
or
discussing
or
sharing
that
12
information
about
the
patient
with
the
patient.
13
Sec.
23.
NEW
SECTION
.
124F.22
Qualified
medical
psilocybin
14
provider
registration
——
continuing
education
——
treatment
15
recommendation.
16
1.
An
individual
shall
not
recommend
a
medical
psilocybin
17
treatment
unless
the
department
registers
the
individual
as
a
18
qualified
medical
psilocybin
provider
under
this
section.
19
2.
The
department
shall,
within
fifteen
days
after
the
date
20
the
department
receives
an
application
from
an
individual,
21
register
and
issue
a
qualified
medical
psilocybin
provider
22
registration
card
to
the
individual
if
the
individual
does
all
23
of
the
following:
24
a.
Provides
to
the
department
the
individual’s
name
and
25
address.
26
b.
Provides
to
the
department
a
report
detailing
the
27
individual’s
completion
of
the
applicable
continuing
education
28
requirements
described
in
subsection
3.
29
c.
Provides
to
the
department
evidence
that
the
individual
30
holds
a
license
that
qualifies
the
individual
as
a
qualified
31
medical
psilocybin
provider.
32
d.
Pays
an
application
fee
as
determined
by
the
department
33
by
rule.
34
e.
For
an
applicant
on
or
after
January
1,
2026,
provides
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the
information
required
by
subsection
9.
1
3.
a.
An
individual
applying
for
initial
registration
2
or
renewal
of
a
registration
shall
complete
a
continuing
3
education
program
as
determined
by
the
department
by
rule.
The
4
continuing
education
program
shall
be
offered
by
the
department
5
or
a
continuing
education
provider
approved
by
the
department.
6
The
continuing
education
program
shall
address
all
of
the
7
following:
8
(1)
This
chapter.
9
(2)
General
information
about
psilocybin
under
federal
and
10
state
law.
11
(3)
The
latest
scientific
research
on
medical
psilocybin,
12
including
risks
and
benefits.
13
(4)
Best
practices
for
recommending
the
form
and
dosage
of
14
psilocybin.
15
(5)
Systems
and
receptors
affected
by
psilocybin.
16
(6)
Mechanisms
of
action.
17
(7)
Drug
interactions.
18
(8)
Diagnostic
criteria.
19
(9)
Contraindications.
20
(10)
Side
effects
and
mitigation
of
side
effects.
21
(11)
Administrative
set
and
setting,
including
physical
22
patient
safety.
23
(12)
Integration.
24
(13)
Potential
outcomes.
25
(14)
Ethical
considerations.
26
(15)
Discharge
safety
planning.
27
b.
An
applicant
for
initial
registration
shall
complete
28
sixteen
hours
of
continuing
education.
A
qualified
medical
29
psilocybin
provider
shall
complete
four
hours
of
continuing
30
education
every
two
years.
31
4.
A
qualified
medical
psilocybin
provider
shall
not
32
recommend
psilocybin
to
a
patient,
or
renew
a
recommendation
33
for
psilocybin,
unless
the
qualified
medical
psilocybin
34
provider
has
done
all
of
the
following:
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a.
Completed
and
documented
in
the
patient’s
medical
record
1
a
thorough
assessment
of
the
patient’s
condition
and
medical
2
history
based
on
the
appropriate
standard
of
care.
3
b.
Verified
that
the
patient
is
at
least
twenty-one
years
4
old.
5
c.
Met
with
the
patient
face
to
face
if
the
qualified
6
medical
psilocybin
provider
has
not
recommended
a
psilocybin
7
treatment
to
the
patient
in
the
past.
8
5.
a.
Except
as
provided
in
paragraph
“b”
,
an
individual
9
shall
not
advertise
that
the
individual
recommends
medical
10
psilocybin
treatment.
11
b.
A
qualified
medical
psilocybin
provider,
or
a
clinic
or
12
office
that
employs
a
qualified
medical
psilocybin
provider,
13
may
advertise
the
following:
14
(1)
The
provider’s
or
clinic’s
name
and
logo.
15
(2)
That
the
individual
is
registered
as
a
qualified
medical
16
psilocybin
provider
and
recommends
medical
psilocybin.
17
(3)
A
scientific
study
regarding
medical
psilocybin
use.
18
6.
a.
A
qualified
medical
psilocybin
provider
registration
19
card
shall
expire
two
years
from
the
date
the
department
issued
20
the
card.
21
b.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
22
for
the
renewal
of
a
medical
psilocybin
provider
registration
23
card.
24
7.
The
department
may
revoke
a
medical
psilocybin
provider
25
registration
card
if
a
qualified
medical
psilocybin
provider
26
fails
to
maintain
compliance
with
this
section.
27
8.
A
qualified
medical
psilocybin
provider
shall
not
28
receive
any
compensation
or
benefit
for
the
qualified
29
medical
psilocybin
provider’s
medical
psilocybin
treatment
30
recommendation
from
a
psilocybin
production
establishment
or
an
31
owner,
officer,
director,
board
member,
employee,
or
agent
of
a
32
psilocybin
production
establishment.
33
9.
On
or
before
January
1
of
each
year,
a
qualified
medical
34
provider
shall
report
to
the
department
all
of
the
following:
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a.
That
the
qualified
medical
psilocybin
provider,
or
the
1
entity
that
employs
the
qualified
medical
psilocybin
provider,
2
represents
online
or
in
printed
material
that
the
qualified
3
medical
psilocybin
provider
is
a
qualified
medical
psilocybin
4
provider
or
offers
medical
psilocybin
recommendations
to
5
patients,
if
applicable.
6
b.
The
fee
amount
that
the
qualified
medical
psilocybin
7
provider,
or
the
entity
that
employs
the
qualified
medical
8
psilocybin
provider,
charges
a
patient
for
a
medical
psilocybin
9
recommendation,
either
as
an
actual
cash
rate
or,
if
the
10
psilocybin
provider
or
entity
bills
insurance,
an
average
cash
11
rate.
12
Sec.
24.
NEW
SECTION
.
124F.23
Standard
of
care
——
provider
13
not
liable
——
no
private
right
of
action.
14
1.
A
qualified
medical
psilocybin
provider
or
a
qualified
15
therapy
provider
who
recommends
or
administers
psilocybin
in
16
compliance
with
this
chapter
shall
not
be
subject
to
a
civil
or
17
criminal
penalty,
or
license
discipline,
solely
for
violating
18
a
federal
law
or
regulation
that
prohibits
recommending,
19
prescribing,
possessing,
or
dispensing
psilocybin
or
a
20
psilocybin
product.
21
2.
This
chapter
shall
not
be
construed
to
reduce
or
22
negate
the
duty
of
a
qualified
medical
psilocybin
provider
or
23
qualified
therapy
provider
to
use
reasonable
and
ordinary
care
24
in
the
treatment
of
a
patient.
25
Sec.
25.
NEW
SECTION
.
124F.24
Nondiscrimination
for
use
26
of
psilocybin.
27
1.
For
purposes
of
medical
care,
including
an
organ
or
28
tissue
transplant,
a
patient’s
use
of
psilocybin
as
provided
in
29
this
chapter
is
the
equivalent
of
authorized
use
of
any
other
30
medication
used
at
the
discretion
of
a
physician,
and
does
31
not
constitute
the
use
of
an
illicit
substance
or
otherwise
32
disqualify
an
individual
from
needed
medical
care.
33
2.
a.
Except
as
provided
in
paragraph
“b”
,
the
state
or
a
34
political
subdivision
of
the
state
shall
treat
an
employee’s
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use
of
medical
psilocybin
as
provided
in
this
chapter
in
1
the
same
way
the
state
or
political
subdivision
treats
an
2
employee’s
use
of
any
prescribed
controlled
substance,
and
an
3
employee’s
medical
psilocybin
recommendation
from
a
qualified
4
medical
psilocybin
provider
in
the
same
way
the
state
or
5
political
subdivision
treats
an
employee’s
prescription
for
any
6
prescribed
controlled
substance.
7
b.
A
state
or
political
subdivision
employee
who
has
a
valid
8
medical
psilocybin
registration
shall
not
be
subject
to
adverse
9
action
for
failing
a
drug
test
due
to
psilocybin
or
psilocin
10
without
evidence
that
the
employee
was
impaired
or
otherwise
11
adversely
affected
in
the
employee’s
job
performance
due
to
the
12
use
of
medical
psilocybin.
This
paragraph
shall
not
apply
in
13
any
of
the
following
circumstances:
14
(1)
The
employee’s
use
of
psilocybin
jeopardizes
federal
15
funding,
a
federal
security
clearance,
or
any
other
federal
16
background
determination
required
for
the
employee’s
position.
17
(2)
The
employee’s
position
is
dependent
on
a
license
18
or
peace
officer
certification
that
is
subject
to
federal
19
regulations,
including
18
U.S.C.
§922(g)(3).
20
(3)
An
employee
who
uses
medical
psilocybin
during
the
21
twelve
hours
immediately
preceding
the
employee’s
shift
or
22
during
the
employee’s
shift.
23
3.
An
agency
of
this
state
or
a
political
subdivision
24
thereof,
including
any
law
enforcement
agency,
shall
not
25
remove
or
initiate
proceedings
to
remove
a
child
under
the
age
26
of
eighteen
from
the
home
of
a
parent
based
solely
upon
the
27
parent’s
possession
or
use
of
psilocybin
as
authorized
under
28
this
chapter.
29
Sec.
26.
NEW
SECTION
.
124F.25
Insurance
——
coverage
30
requirement.
31
This
chapter
shall
not
be
construed
to
require
an
insurer,
32
a
third-party
administrator,
or
an
employer
to
pay
for
or
33
reimburse
an
employee
for
psilocybin
or
psilocybin
product.
34
Sec.
27.
NEW
SECTION
.
124F.26
Approved
drugs.
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This
chapter
shall
not
be
construed
to
restrict
or
otherwise
1
affect
the
prescription,
distribution,
or
dispensing
of
a
2
product
that
the
United
States
food
and
drug
administration
has
3
approved.
4
Sec.
28.
NEW
SECTION
.
124F.27
Qualified
therapy
5
provider
registration
——
continuing
education
——
psilocybin
6
administration.
7
1.
An
individual
shall
not
administer
a
medical
psilocybin
8
treatment
unless
the
department
registers
the
individual
as
9
a
qualified
medical
psilocybin
therapist
as
provided
in
this
10
section.
11
2.
The
department
shall,
within
fifteen
days
after
the
date
12
the
department
receives
an
application
from
an
individual,
13
register
and
issue
a
qualified
medical
psilocybin
therapist
14
registration
card
to
the
individual
if
the
individual
does
all
15
of
the
following:
16
a.
Provides
to
the
department
the
individual’s
name
and
17
address.
18
b.
Provides
to
the
department
the
address
of
the
clinic
19
at
which
the
individual
will
be
administering
psilocybin
to
20
patients.
21
c.
Provides
to
the
department
a
report
detailing
the
22
individual’s
completion
of
the
applicable
continuing
education
23
requirements
described
in
subsection
3.
24
d.
Certifies
to
the
department
that
the
individual
has
25
installed
and
maintains
an
inventory
control
system.
26
e.
Provides
to
the
department
evidence
that
the
individual
27
holds
a
license
that
qualifies
the
individual
as
a
qualified
28
medical
psilocybin
provider.
29
f.
Pays
an
application
fee
as
determined
by
the
department
30
by
rule.
31
g.
Provides
to
the
department
an
emergency
transport
plan
32
for
patients
who
experience
a
medical
emergency
during
the
33
course
of
treatment.
34
3.
a.
An
individual
applying
for
initial
registration
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or
renewal
of
a
registration
shall
complete
a
continuing
1
education
program
as
determined
by
the
department
by
rule.
The
2
continuing
education
program
shall
be
offered
by
the
department
3
or
a
continuing
education
provider
approved
by
the
department.
4
The
continuing
education
program
shall
address
all
of
the
5
following:
6
(1)
This
chapter.
7
(2)
General
information
about
psilocybin
under
federal
and
8
state
law.
9
(3)
The
latest
scientific
research
on
medical
psilocybin,
10
including
risks
and
benefits.
11
(4)
Best
practices
for
recommending
the
form
and
dosage
of
12
psilocybin.
13
(5)
Systems
and
receptors
affected
by
psilocybin.
14
(6)
Mechanisms
of
action.
15
(7)
Drug
interactions.
16
(8)
Diagnostic
criteria.
17
(9)
Contraindications.
18
(10)
Side
effects
and
mitigation
of
side
effects.
19
(11)
Administrative
set
and
setting,
including
physical
20
patient
safety.
21
(12)
Integration.
22
(13)
Potential
outcomes.
23
(14)
Ethical
considerations.
24
(15)
Discharge
safety
planning.
25
b.
An
applicant
for
initial
registration
shall
complete
26
eighty
hours
of
continuing
education.
A
qualified
therapy
27
provider
shall
complete
four
hours
of
continuing
education
28
every
two
years.
29
4.
A
qualified
therapy
provider
shall
only
administer
30
psilocybin
to
a
patient
when
all
of
the
following
requirements
31
are
met:
32
a.
The
patient
has
a
recommendation
issued
by
a
qualified
33
medical
psilocybin
provider.
34
b.
The
qualified
medical
therapy
provider
has
obtained
and
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reviewed
the
patient’s
mental
health
history.
1
c.
The
qualified
therapy
provider
has
provided
the
patient
2
with
a
safety
data
sheet
created
by
the
department
which
3
outlines
the
potential
risks
of
psilocybin
use.
4
d.
There
are
unexpired
rescue
medications
on
site,
as
5
determined
by
the
department
by
rule.
6
e.
The
administration
session
is
video-recorded
and
the
7
video
recording
is
preserved
for
one
year
from
the
date
of
the
8
session,
or
the
patient
gives
written,
informed
consent
waiving
9
the
video-recording
requirement.
10
f.
The
qualified
therapy
provider
has
a
contractual
11
relationship
with
a
licensed
physician
and
surgeon
or
12
osteopathic
physician
and
surgeon
who
remains
on
call
during
13
the
course
of
the
administration
session
in
case
the
patient
14
requires
nonemergency
medical
intervention.
15
5.
A
qualified
therapy
provider
shall
only
administer
16
psilocybin
or
a
psilocybin
product
in
a
qualified
therapy
17
provider
location.
18
6.
a.
Except
as
provided
in
paragraph
“b”
,
an
individual
19
shall
not
advertise
that
the
individual
administers
medical
20
psilocybin
treatment.
21
b.
A
qualified
therapy
provider
or
clinic
or
office
22
that
employs
a
qualified
therapy
provider
may
advertise
the
23
following:
24
(1)
The
provider’s
or
clinic’s
name
and
logo.
25
(2)
That
the
individual
is
registered
as
a
qualified
therapy
26
provider
and
administers
medical
psilocybin.
27
(3)
A
scientific
study
regarding
medical
psilocybin
use.
28
7.
a.
A
qualified
therapy
provider
registration
card
29
expires
two
years
from
the
date
the
department
issues
the
card.
30
b.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
31
for
the
renewal
of
a
qualified
therapy
provider
registration
32
card.
33
8.
Within
seven
days
of
the
date
on
which
an
adverse
event
34
occurs,
a
qualified
therapy
provider
shall
submit
to
the
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department
a
report
containing
all
of
the
following:
1
a.
The
age
and
sex
of
the
patient.
2
b.
The
patient’s
preexisting
health
conditions,
if
any.
3
c.
The
amount
of
psilocybin
administered
to
the
patient.
4
d.
Factors
which
contributed
to
the
adverse
event.
5
e.
The
nature
and
severity
of
the
adverse
event.
6
f.
The
ultimate
outcome
of
the
adverse
event.
7
9.
The
department
may
revoke
a
qualified
therapy
provider
8
registration
card
if
a
qualified
therapy
provider
fails
to
9
maintain
compliance
with
this
section.
10
Sec.
29.
NEW
SECTION
.
124F.28
Qualified
therapy
provider
11
agent
——
registration.
12
1.
An
individual
shall
not
act
as
a
qualified
therapy
13
provider
agent
unless
the
department
registers
the
individual
14
as
a
qualified
therapy
provider
agent,
regardless
of
whether
15
the
individual
is
a
seasonal,
temporary,
or
permanent
employee.
16
2.
The
department
shall,
within
fifteen
business
days
17
after
the
date
the
department
receives
a
complete
application
18
from
a
qualified
therapy
provider
agent,
register
and
issue
19
a
qualified
therapy
provider
agent
registration
card
to
the
20
prospective
agent
who
successfully
passes
a
criminal
background
21
investigation
as
provided
in
section
124F.6
if
the
prospective
22
agent
does
all
of
the
following:
23
a.
Provides
to
the
department
the
prospective
agent’s
name
24
and
address.
25
b.
Pays
a
fee
to
the
department
in
an
amount
determined
by
26
the
department
by
rule.
27
3.
a.
A
qualified
therapy
provider
agent
shall
comply
with
28
either
a
certification
standard
developed
by
the
department
29
by
rule,
or
a
certification
standard
that
the
department
has
30
reviewed
and
approved.
31
b.
A
certification
standard
described
in
paragraph
“a”
shall
32
include
training
in
Iowa
medical
psilocybin
law.
33
4.
A
qualified
therapy
provider
agent
registration
card
34
shall
expire
two
years
from
the
date
the
department
issued
the
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card.
A
qualified
therapy
provider
agent
may
renew
the
agent’s
1
registration
card
if
the
agent
is
still
eligible
to
hold
a
2
qualified
therapy
provider
agent
registration
card
and
pays
a
3
fee
determined
by
the
department
by
rule.
4
5.
a.
A
qualified
therapy
provider
agent
shall
carry
the
5
individual’s
qualified
therapy
provider
agent
card
with
the
6
agent
at
all
times
when
the
agent
is
handling
psilocybin
or
7
psilocybin
product.
8
b.
If
a
qualified
therapy
provider
agent
possesses
9
psilocybin
or
psilocybin
product
and
produces
the
registration
10
card
in
the
agent’s
possession,
there
is
a
rebuttable
11
presumption
that
the
agent
possesses
the
psilocybin
or
12
psilocybin
product
legally
and
a
law
enforcement
officer
does
13
not
have
probable
cause,
based
solely
on
the
agent’s
possession
14
of
the
psilocybin
or
psilocybin
product,
to
believe
that
the
15
individual
is
engaging
in
illegal
activity.
16
c.
A
qualified
therapy
provider
agent
who
fails
to
carry
17
the
individual’s
qualified
therapy
provider
agent
card
with
the
18
agent
as
required
by
paragraph
“a”
is
guilty
of
the
following
19
offenses:
20
(1)
For
a
first
offense,
or
a
second
offense
within
a
21
two-year
period,
a
simple
misdemeanor
punishable
by
a
fine
of
22
one
hundred
dollars.
23
(2)
For
a
third
offense,
or
a
subsequent
offense
within
a
24
two-year
period,
a
simple
misdemeanor.
25
d.
For
each
violation
of
paragraph
“c”
,
the
department
may
26
assess
the
relevant
qualified
therapy
provider
a
fine
of
up
to
27
two
thousand
five
hundred
dollars.
28
Sec.
30.
NEW
SECTION
.
124F.29
Reports.
29
1.
a.
On
or
before
November
1,
2026,
and
by
November
1
of
30
each
year
thereafter,
the
department
shall
submit
a
report
to
31
the
general
assembly
including
all
of
the
following:
32
(1)
The
number
of
patients
for
whom
psilocybin
has
been
33
recommended.
34
(2)
The
age
and
county
of
patients.
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(3)
The
number
of
qualified
medical
psilocybin
providers.
1
(4)
The
number
of
license
applications
and
renewal
2
applications
received.
3
(5)
The
number
of
licenses
the
department
has
issued
in
each
4
county.
5
(6)
The
number
of
licenses
the
department
has
revoked.
6
(7)
The
expenses
incurred
and
revenues
generated
from
the
7
medical
psilocybin
program.
8
(8)
The
number
and
nature
of
adverse
events
reported.
9
b.
The
department
shall
not
include
personally
identifying
10
information
in
the
report
submitted
pursuant
to
paragraph
“a”
.
11
2.
The
department
shall
submit
a
report
to
the
general
12
assembly
regarding
the
efficacy
of
medical
psilocybin,
13
including
recommendations,
by
June
1,
2028.
14
Sec.
31.
NEW
SECTION
.
124F.30
Enforcement.
15
1.
If
a
person
that
is
licensed
or
registered
under
this
16
chapter
violates
a
provision
of
this
chapter
or
rules
adopted
17
by
the
department
pursuant
to
this
chapter,
or
fails
to
18
comply
with
an
enforcement
action
taken
under
this
chapter,
19
the
department
may
do
any
of
the
following,
subject
to
the
20
requirements
of
this
section:
21
a.
Revoke
the
person’s
license
or
registration
card.
22
b.
Decline
to
renew
the
person’s
license
or
registration
23
card.
24
c.
Assess
an
administrative
fee,
as
determined
by
the
25
department
by
rule.
26
2.
If
the
department
finds
that
a
person
produced
a
27
psilocybin
or
psilocybin
product
batch
that
contains
a
28
substance,
other
than
active
psilocybin,
that
poses
a
29
significant
threat
to
human
health
the
department
shall
do
all
30
of
the
following:
31
a.
Issue
the
person
a
written
administrative
citation.
32
b.
Attempt
to
negotiate
a
stipulated
settlement.
33
c.
Seize,
embargo,
or
destroy
the
psilocybin
or
psilocybin
34
product
batch.
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d.
Order
the
person
to
cease
and
desist
from
the
action
that
1
creates
a
violation.
2
3.
The
department
may,
for
a
person
subject
to
an
3
uncontested
citation,
a
stipulated
settlement,
or
a
finding
of
4
a
violation
in
an
adjudicative
proceeding
under
this
section,
5
if
a
fine
is
not
already
specified
by
law,
assess
a
person
who
6
is
not
an
individual
a
fine
of
up
to
five
thousand
dollars
per
7
violation.
8
4.
The
department
shall
not
revoke
a
license
or
registration
9
issued
under
this
chapter
without
first
conducting
a
contested
10
case
proceeding
pursuant
to
chapter
17A.
11
5.
Except
where
a
criminal
penalty
is
expressly
provided
for
12
a
specific
violation
of
this
chapter,
the
following
criminal
13
penalties
apply:
14
a.
Except
as
provided
in
paragraph
“b”
,
an
individual
who
15
violates
a
provision
of
this
chapter
is
guilty
of
a
simple
16
misdemeanor
punishable
by
a
fine
of
one
hundred
dollars.
17
b.
An
individual
who
intentionally
or
knowingly
violates
18
a
provision
of
this
chapter,
or
violates
a
provision
of
this
19
chapter
three
or
more
times,
is
guilty
of
a
serious
misdemeanor
20
punishable
by
a
fine
of
one
thousand
dollars.
21
Sec.
32.
NEW
SECTION
.
124F.31
Psilocybin
and
psilocybin
22
products
——
consumable
goods
——
rules.
23
The
department
shall
adopt
rules
pursuant
to
chapter
17A
24
to
allow
for
the
production
and
sale
of
consumable
goods
25
containing
psilocybin
and
psilocybin
product.
26
Sec.
33.
NEW
SECTION
.
124F.32
Contracts
enforceable.
27
It
is
the
public
policy
of
this
state
that
contracts
related
28
to
the
production,
sale,
and
administration
of
psilocybin
29
pursuant
to
this
chapter
shall
be
enforceable.
It
is
the
30
public
policy
of
this
state
that
no
contract
entered
into
31
by
a
psilocybin
production
establishment,
qualified
medical
32
psilocybin
provider,
or
qualified
therapy
provider,
or
33
its
employees
or
agents
as
permitted
pursuant
to
a
valid
34
registration,
or
by
an
entity
who
allows
property
to
be
used
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by
an
establishment,
qualified
medical
psilocybin
provider,
1
or
qualified
therapy
provider,
its
employees,
or
its
agents
2
as
permitted
pursuant
to
a
valid
registration,
shall
be
3
unenforceable
on
the
basis
that
cultivating,
obtaining,
4
manufacturing,
distributing,
dispensing,
transporting,
selling,
5
possessing,
or
using
psilocybin
is
prohibited
by
federal
law.
6
Sec.
34.
PSYCHEDELIC
COMPOUNDS
——
STUDY.
The
department
7
of
health
and
human
services
shall
conduct
a
study
regarding
8
the
use
of
psychedelic
compounds
other
than
psilocybin
in
the
9
treatment
of
medical
conditions.
The
department
shall
submit
10
a
report
to
the
general
assembly,
including
the
department’s
11
findings
and
recommendations,
by
January
1,
2027.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
the
production
and
administration
16
of
psilocybin.
The
bill
requires
a
psilocybin
production
17
establishment
or
a
qualified
therapy
provider
location,
18
defined
in
the
bill,
to
include
an
inventory
control
system
19
that
tracks
psilocybin
product,
defined
in
the
bill,
in
20
real
time;
maintains
access
records;
and
includes
a
video
21
recording
system.
The
bill
requires
a
psilocybin
production
22
establishment
or
qualified
therapy
provider
location
to
allow
23
the
department
of
health
and
human
services
(department)
to
24
access
the
inventory
control
system
at
any
time.
25
The
bill
requires
a
state
employer
or
political
subdivision
26
employer
to
inform
an
employee
or
prospective
employee
prior
to
27
assigning
a
duty
related
to
the
administration
of
the
bill
that
28
the
employee’s
or
prospective
employee’s
job
duties
may
require
29
the
employee
or
prospective
employee
to
engage
in
conduct
in
30
violation
of
the
criminal
laws
of
the
United
States.
31
The
bill
creates
within
the
department
the
psilocybin
32
production
establishment
licensing
board
(board),
with
members
33
appointed
by
the
director
of
the
department.
The
board
shall
34
consist
of
a
member
of
the
public
with
knowledge
of
psilocybin,
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a
member
with
knowledge
and
experience
in
the
pharmaceutical
1
or
nutraceutical
manufacturing
industry,
a
member
representing
2
law
enforcement,
a
member
who
is
a
chemist
or
researcher
with
3
experience
in
manufacturing
and
who
is
associated
with
a
4
research
university,
a
member
who
has
a
background
in
fungus
or
5
mushroom
cultivation
and
processing,
and
the
director
of
the
6
department
or
the
director’s
designee,
who
shall
serve
as
the
7
chairperson
of
the
board
and
a
nonvoting
member,
except
in
the
8
case
of
a
tied
vote.
The
bill
prohibits
a
person
from
serving
9
on
the
board
if
the
person
has
certain
financial
interests
10
related
to
psilocybin.
Members
of
the
board
shall
serve
a
11
term
of
four
years,
except
that
initial
members
of
the
board
12
shall
be
appointed
for
staggered
terms
such
that
the
director
13
appoints
two
or
three
board
members
every
two
years.
The
14
director
shall
fill
vacancies
in
the
board
for
the
balance
of
15
the
unexpired
term.
Members
of
the
board
shall
serve
without
16
compensation,
although
they
may
be
reimbursed
for
actual
17
expenses,
and
the
director
may
remove
a
member
of
the
board
18
for
cause,
neglect
of
duty,
inefficiency,
or
malfeasance.
The
19
board
is
not
subject
to
automatic
dissolution
pursuant
to
Code
20
section
4A.5
(boards
and
governmental
entities
——
dissolution).
21
The
board
shall
meet
as
called
by
the
chairperson
to
review
22
psilocybin
license
applications,
conduct
public
hearings
on
23
applications,
and
make
determinations
on
license
applications.
24
The
bill
requires
the
board
to
meet
if
a
psilocybin
production
25
establishment
undergoes
certain
changes.
The
bill
prohibits
26
a
person
from
operating
a
psilocybin
production
establishment
27
unless
the
person
holds
a
license
issued
by
the
board.
The
28
bill
requires
the
department
to
adopt
rules
for
solicitation
29
and
evaluation
of
license
applications.
The
bill
also
30
requires
an
applicant
for
a
license
to
submit
the
proposed
31
name
and
address
of
the
establishment,
the
names
and
addresses
32
of
certain
persons
associated
with
the
establishment,
an
33
operating
plan,
a
statement
that
the
applicant
will
obtain
34
a
performance
bond,
an
application
fee,
and
a
description
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of
any
investigatory
or
adverse
action
previously
taken
1
against
the
applicant
in
relation
to
any
of
the
applicant’s
2
psilocybin-related
operations
or
businesses.
The
bill
allows
3
the
board
to
issue
a
provisional
license
to
an
applicant
who
4
submits
an
application
that
does
not
include
an
address
at
5
which
the
establishment
will
be
located.
The
bill
prohibits
6
a
psilocybin
production
establishment
from
operating
within
7
1,000
feet
of
a
community
location,
defined
in
the
bill,
or
500
8
feet
of
an
area
that
is
zoned
as
primarily
residential.
The
9
bill
allows
the
board
to
waive
these
limitations
by
up
to
20
10
percent.
11
Upon
approval
of
an
application
for
a
license,
the
bill
12
requires
the
applicant
to
pay
an
initial
licensing
fee
and
the
13
department
to
inform
the
department
of
public
safety.
The
bill
14
allows
a
psilocybin
production
establishment
to
be
located
15
at
the
same
location
as
a
medical
cannabidiol
producer
and
16
the
board
may
grant
preference
to
an
applicant
who
currently
17
holds
a
medical
cannabidiol
producer
license.
If
the
board
18
receives
more
than
one
application
for
a
psilocybin
production
19
establishment
license
in
the
same
city
or
town,
the
board
20
shall
consult
with
the
local
land
use
authority
prior
to
21
issuing
a
license.
The
bill
prohibits
the
board
from
issuing
22
a
license
to
certain
persons.
The
bill
allows
the
board
to
23
revoke
a
license
for
certain
violations.
Fees
collected
by
24
the
department
shall
be
deposited
into
the
general
fund
of
the
25
state.
26
If
the
municipality
or
county
where
the
psilocybin
27
production
establishment
will
be
located
requires
a
land
use
28
permit,
the
bill
requires
a
licensee
to
submit
a
copy
of
an
29
approved
land
use
permit
within
120
days
of
issuance
of
the
30
license.
The
bill
prohibits
the
board
from
issuing
more
than
31
four
licenses
to
operate
an
independent
psilocybin
testing
32
laboratory
and
allows
the
board
to
operate
an
independent
33
psilocybin
testing
laboratory.
A
psilocybin
production
34
establishment
is
not
transferable
or
assignable,
and
the
35
-37-
LSB
5087YH
(3)
91
ss/ko
37/
45
H.F.
2085
board’s
authority
to
issue
a
license
is
plenary
and
not
1
subject
to
review.
The
bill
requires
the
division
of
criminal
2
investigation
of
the
department
of
public
safety
to
conduct
3
a
thorough
investigation
of
each
applicant
for
a
psilocybin
4
production
establishment
license.
The
bill
requires
the
5
board
to
begin
accepting
license
applications
on
July
1,
6
2027.
The
director
of
the
department
shall
renew
a
license
if
7
the
licensee
continues
to
meet
the
requirements
for
initial
8
licensure,
the
director
does
not
identify
a
significant
failure
9
of
compliance
or
grounds
for
revocation,
and
the
licensee
pays
10
a
renewal
fee.
11
The
bill
requires
a
person
applying
for
a
psilocybin
12
production
establishment
license
or
license
renewal
to
submit
a
13
proposed
operating
plan,
including
certain
information
about
14
the
facility,
the
facility’s
officers
and
employees,
a
security
15
plan,
a
description
of
the
inventory
control
system,
and
16
storage
protocols.
The
bill
requires
psilocybin
cultivation
17
facilities
and
psilocybin
testing
laboratories
to
submit
18
additional
information
particular
to
the
type
of
psilocybin
19
production
establishment.
20
The
bill
prohibits
a
person
from
acting
as
a
psilocybin
21
production
establishment
or
qualified
therapy
provider
agent
22
unless
the
person
is
registered
as
a
psilocybin
production
23
establishment
agent
with
the
board.
The
bill
prohibits
certain
24
persons
from
acting
as
a
psilocybin
production
establishment
25
agent.
The
bill
requires
the
board
to
issue
a
psilocybin
26
production
establishment
agent
registration
to
a
person
if
27
the
psilocybin
production
establishment
that
will
employ
28
the
agent
submits
an
application
and
pays
a
fee
on
behalf
29
of
the
person.
The
prospective
agent
shall
also
undergo
a
30
criminal
background
investigation.
A
psilocybin
production
31
establishment
agent
shall
comply
with
a
certification
standard
32
adopted
by
the
board.
A
psilocybin
production
establishment
33
agent
registration
is
valid
for
two
years
and
may
be
renewed.
34
The
bill
requires
a
psilocybin
production
establishment
agent
35
-38-
LSB
5087YH
(3)
91
ss/ko
38/
45
H.F.
2085
to
carry
the
agent’s
registration
card
at
all
times
while
on
1
the
premises
of
the
psilocybin
production
establishment
or
when
2
transporting
psilocybin.
There
is
a
rebuttable
presumption
a
3
person
carrying
a
psilocybin
production
establishment
agent
4
registration
card
while
in
possession
of
psilocybin
possesses
5
the
psilocybin
legally.
A
psilocybin
production
establishment
6
agent
who
fails
to
carry
a
psilocybin
production
establishment
7
agent
registration
card
while
required
to
do
so
is
guilty
of
a
8
simple
misdemeanor
punishable
by
a
fine
of
$100
for
a
first
or
9
second
offense
in
a
two-year
period
and
a
simple
misdemeanor
10
punishable
as
provided
by
law
for
a
third
or
subsequent
offense
11
in
a
two-year
period.
A
simple
misdemeanor
is
punishable
by
12
confinement
for
no
more
than
30
days
and
a
fine
of
at
least
13
$105
but
not
more
than
$855.
The
board
may
fine
a
psilocybin
14
production
establishment
or
qualified
therapy
provider
that
15
employs
a
psilocybin
production
establishment
agent
a
fine
for
16
each
violation.
17
The
bill
requires
a
psilocybin
production
establishment
18
to
operate
in
accordance
with
the
operating
plan
submitted
19
by
the
psilocybin
production
establishment
and
to
inform
the
20
department
prior
to
implementing
any
changes
to
the
plan.
21
The
bill
requires
a
psilocybin
production
establishment
to
22
operate
in
a
facility
that
is
accessible
only
by
an
individual
23
with
a
valid
psilocybin
production
establishment
registration
24
card,
except
that
a
psilocybin
production
establishment
may
25
authorize
a
person
who
is
at
least
18
years
of
age
who
is
26
not
a
psilocybin
production
establishment
agent
to
access
27
the
psilocybin
production
establishment
if
the
psilocybin
28
production
establishment
tracks
and
monitors
the
individual
at
29
all
times.
A
psilocybin
production
establishment
shall
not
30
employ
a
person
who
is
under
21
years
of
age
or
who
has
been
31
convicted
of
a
misdemeanor
for
drug
distribution
or
any
felony.
32
The
bill
requires
a
psilocybin
production
establishment
to
have
33
a
single,
secure
public
entrance
and
a
security
system
with
a
34
backup
power
source.
35
-39-
LSB
5087YH
(3)
91
ss/ko
39/
45
H.F.
2085
The
bill
allows
the
department
to
inspect
the
facility
and
1
records
of
a
psilocybin
production
establishment
at
any
time
2
during
business
hours.
The
bill
grants
certain
investigational
3
powers
to
the
department
and
allows
the
department
to
impose
4
a
fee
or
suspend
or
revoke
a
license
or
registration
for
5
failing
to
comply
with
an
inspection.
The
bill
prohibits
a
6
psilocybin
production
establishment
from
advertising
to
the
7
general
public,
except
to
advertise
an
employment
opportunity.
8
The
bill
requires
the
department
to
adopt
rules
for
standards
9
relating
to
advertisement
by
qualified
medical
psilocybin
10
providers
and
qualified
medical
psilocybin
therapists,
defined
11
in
the
bill.
12
The
bill
prohibits
a
person
other
than
a
psilocybin
13
production
establishment
agent,
qualified
therapy
provider,
14
qualified
therapy
provider
agent,
or
an
agent
of
the
department
15
conducting
an
inspection
from
transporting
psilocybin.
A
16
person
transporting
psilocybin
must
possess
a
manifest
17
including
details
about
the
psilocybin
the
person
has
been
18
authorized
to
transport.
A
psilocybin
production
establishment
19
agent
who
transports
psilocybin
without
a
manifest
is
guilty
20
of
a
simple
misdemeanor
punishable
by
a
fine
of
$100.
A
21
psilocybin
production
establishment
who
transports
an
amount
of
22
psilocybin
in
excess
of
the
amount
indicated
in
the
manifest
23
is
subject
to
penalties
as
provided
in
Code
chapter
124
24
(controlled
substances).
The
bill
requires
a
person
disposing
25
of
psilocybin
waste
to
render
the
psilocybin
waste
unusable
26
and
unrecognizable
and
to
dispose
of
it
in
compliance
with
27
applicable
state
and
federal
law.
28
The
bill
requires
a
local
government
to
allow
a
psilocybin
29
production
establishment
to
operate
in
any
zone
designated
for
30
industrial
or
agricultural
use,
unless
the
local
government
has
31
designated
at
least
one
industrial
or
agricultural
zone
for
the
32
operation
of
a
psilocybin
production
establishment
prior
to
the
33
receipt
of
an
application
for
the
establishment
of
a
psilocybin
34
production
establishment
by
the
local
government.
The
bill
35
-40-
LSB
5087YH
(3)
91
ss/ko
40/
45
H.F.
2085
allows
a
psilocybin
production
establishment
to
operate
on
land
1
that
has
not
been
zoned.
The
bill
prohibits
local
governments
2
from
imposing
certain
restrictions
on
the
establishment
of
a
3
psilocybin
production
establishment.
4
The
bill
requires
a
psilocybin
cultivation
facility
to
5
use
unique
identifiers
to
identify
certain
classifications
6
of
psilocybin.
The
bill
prohibits
a
psilocybin
cultivation
7
facility
from
selling
any
product
other
than
a
psilocybin
8
product
or
educational
material
related
to
psilocybin
and
from
9
selling
to
a
person
other
than
a
qualified
therapy
provider
or
10
a
registered
agent
of
a
qualified
therapy
provider.
The
bill
11
includes
certain
labeling
requirements
for
psilocybin
products.
12
The
bill
requires
the
department
to
adopt
rules
for
the
13
testing
of
psilocybin
by
an
independent
psilocybin
testing
14
laboratory.
The
bill
allows
the
department
to
require
an
15
independent
psilocybin
testing
laboratory
to
test
for
a
toxin
16
if
the
department
receives
information
about
the
presence
17
of
the
toxin.
The
bill
prohibits
a
psilocybin
production
18
establishment
from
transferring
psilocybin
to
a
qualified
19
therapy
provider
until
a
sample
of
the
psilocybin
has
been
20
tested
by
an
independent
psilocybin
testing
laboratory.
The
21
bill
allows
the
department
to
require
an
independent
psilocybin
22
testing
laboratory
to
participate
in
a
proficiency
evaluation.
23
If
an
independent
psilocybin
testing
laboratory
determines
that
24
a
psilocybin
product
is
unsafe
for
human
use,
the
bill
requires
25
the
independent
psilocybin
testing
laboratory
to
inform
the
26
department
and
the
psilocybin
cultivation
facility
from
which
27
the
batch
originated,
and
the
department
shall
place
a
hold
on
28
the
sale
and
use
of
the
psilocybin
product
until
the
department
29
completes
an
investigation.
30
The
bill
requires
the
department,
in
consultation
with
the
31
departments
of
agriculture
and
public
safety,
to
adopt
rules
32
for
the
creation
and
operation
of
an
electronic
verification
33
system.
The
electronic
verification
system
shall,
at
a
34
minimum,
allow
a
medical
psilocybin
provider
to
engage
in
35
-41-
LSB
5087YH
(3)
91
ss/ko
41/
45
H.F.
2085
patient
management;
allow
access
by
the
department
and
the
1
department
of
inspections,
appeals,
and
licensing;
create
a
2
record
each
time
a
person
accesses
the
system;
and
keeps
a
3
current
record
of
the
total
number
of
individuals
who
have
a
4
psilocybin
recommendation.
The
bill
allows
the
department
to
5
release
limited
data
from
the
electronic
verification
system
6
for
research,
reporting,
and
official
department
purposes.
A
7
person
who
knowingly
and
intentionally
releases
information
8
from
the
electronic
verification
system
in
violation
of
the
9
bill
is
guilty
of
class
“D”
felony.
A
class
“D”
felony
is
10
punishable
by
confinement
for
no
more
than
five
years
and
a
11
fine
of
at
least
$1,025
but
not
more
than
$10,245.
A
person
12
who
negligently
or
recklessly
releases
information
from
the
13
electronic
verification
system
in
violation
of
the
bill
is
14
guilty
of
a
serious
misdemeanor.
A
serious
misdemeanor
is
15
punishable
by
confinement
for
no
more
than
one
year
and
a
16
fine
of
at
least
$430
but
not
more
than
$2,560.
A
person
who
17
unlawfully
obtains
or
attempts
to
obtain
information
from
the
18
electronic
verification
system
is
guilty
of
a
class
“D”
felony.
19
The
bill
prohibits
a
person
from
recommending
the
use
of
20
psilocybin
unless
the
person
is
a
qualified
medical
psilocybin
21
provider,
defined
in
the
bill
as
a
physician
and
surgeon
or
22
osteopathic
physician
and
surgeon,
a
physician
assistant,
23
an
advanced
registered
nurse
practitioner,
or
an
advanced
24
practice
registered
nurse
who
is
registered
by
the
department
25
to
recommend
treatment
with
psilocybin.
The
bill
requires
the
26
department
to
issue
a
qualified
medical
psilocybin
provider
27
registration
card
to
an
individual
if
the
individual
submits
28
an
application,
provides
a
report
detailing
the
completion
29
of
continuing
education
requirements
regarding
the
use
of
30
psilocybin
listed
in
the
bill,
provides
evidence
that
the
31
person
holds
an
appropriate
license,
and
pays
an
application
32
fee.
33
The
bill
prohibits
a
qualified
medical
psilocybin
provider
34
from
recommending
the
use
of
psilocybin
unless
the
qualified
35
-42-
LSB
5087YH
(3)
91
ss/ko
42/
45
H.F.
2085
medical
psilocybin
provider
completes
a
thorough
assessment
1
of
the
patient’s
condition
and
history,
verifies
that
the
2
patient
is
at
least
21
years
old,
and
meets
with
the
patient
3
in
person
if
the
qualified
medical
psilocybin
provider
has
not
4
previously
recommended
a
psilocybin
treatment
to
the
patient.
5
The
bill
places
restrictions
on
advertisements
by
qualified
6
medical
psilocybin
providers.
A
qualified
medical
psilocybin
7
provider
registration
card
expires
after
two
years
and
may
be
8
renewed.
The
bill
allows
the
department
to
revoke
a
qualified
9
medical
psilocybin
provider
registration
card
for
failure
10
to
comply
with
the
bill.
The
bill
prohibits
a
qualified
11
medical
psilocybin
provider
from
receiving
compensation
from
12
certain
persons
involved
in
the
production
of
psilocybin.
A
13
qualified
medical
psilocybin
provider
shall
not
be
subject
to
a
14
professional,
civil,
or
criminal
penalty
solely
for
violating
15
a
federal
law
or
regulation
that
would
prohibit
recommending,
16
prescribing,
possessing,
or
dispensing
psilocybin.
17
The
bill
prohibits
discrimination
against
a
person
in
18
the
provision
of
medical
care,
including
organ
or
tissue
19
transplantation,
on
the
basis
of
the
usage
of
psilocybin
as
20
provided
in
the
bill.
The
bill
also
prohibits
the
state
or
a
21
political
subdivision
of
the
state
from
discriminating
against
22
an
employee
on
the
basis
of
the
employee’s
use
of
psilocybin
23
as
provided
in
the
bill
except
under
certain
circumstances,
24
as
provided
in
the
bill,
and
from
removing
a
child
from
the
25
home
of
a
parent
on
the
basis
that
the
parent
uses
or
possesses
26
psilocybin
as
authorized
by
the
bill.
27
The
bill
does
not
require
an
insurer,
a
third-party
28
administrator,
or
an
employer
to
pay
or
reimburse
for
29
psilocybin.
The
bill
does
not
restrict
the
prescription,
30
distribution,
or
dispensing
of
a
product
that
the
United
States
31
food
and
drug
administration
has
approved.
32
The
bill
prohibits
a
person
from
administering
a
psilocybin
33
treatment
unless
the
department
registers
the
person
as
a
34
qualified
medical
psilocybin
therapist,
defined
in
the
bill
as
35
-43-
LSB
5087YH
(3)
91
ss/ko
43/
45
H.F.
2085
a
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
a
1
physician
assistant,
an
advanced
registered
nurse
practitioner,
2
an
advanced
practice
registered
nurse,
a
psychologist,
or
a
3
social
worker.
The
department
shall
register
a
person
as
a
4
qualified
medical
psilocybin
therapist
if
the
person
submits
5
an
application,
provides
the
address
of
the
clinic
where
6
psilocybin
will
be
administered,
provides
a
report
detailing
7
the
completion
of
continuing
education
requirements
regarding
8
the
use
of
psilocybin
listed
in
the
bill,
certifies
that
the
9
individual
has
an
inventory
control
system,
provides
evidence
10
that
person
has
an
appropriate
license,
pays
an
application
11
fee,
and
provides
an
emergency
transport
plan.
A
qualified
12
medical
psilocybin
therapist
shall
not
administer
psilocybin
13
to
a
patient
unless
the
patient
has
a
recommendation
issued
14
by
a
qualified
medical
psilocybin
provider,
the
qualified
15
medical
psilocybin
therapist
has
reviewed
the
patient’s
mental
16
health
history,
the
qualified
medical
psilocybin
therapist
17
has
provided
the
patient
with
a
safety
sheet
created
by
the
18
department,
there
are
unexpired
rescue
medications
on
site,
the
19
administration
session
is
video-recorded,
and
the
qualified
20
medical
psilocybin
therapist
has
a
contractual
relationship
21
with
a
licensed
physician
and
surgeon
or
osteopathic
physician
22
and
surgeon
who
remains
on
call
during
the
course
of
the
23
administration
session
in
case
a
patient
requires
nonemergency
24
medical
intervention.
25
A
qualified
therapy
provider
shall
only
administer
26
psilocybin
in
a
qualified
therapy
provider
location.
The
bill
27
places
limits
on
advertising
by
qualified
therapy
providers.
A
28
qualified
therapy
provider
registration
expires
after
two
years
29
and
may
be
renewed.
The
bill
requires
a
qualified
therapy
30
provider
to
submit
a
report
to
the
department
within
seven
days
31
after
the
occurrence
of
an
adverse
event,
defined
in
the
bill.
32
The
bill
allows
the
department
to
revoke
a
qualified
therapy
33
provider
registration
if
a
qualified
therapy
provider
fails
to
34
maintain
compliance
with
the
requirements
of
the
bill.
35
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5087YH
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H.F.
2085
The
bill
requires
the
department
to
submit
a
report
to
the
1
general
assembly
on
or
before
November
1,
2026,
and
annually
by
2
November
1
thereafter,
regarding
participation
in
the
medical
3
psilocybin
program.
The
bill
also
requires
the
department
to
4
submit
a
report
regarding
the
medical
efficacy
of
psilocybin
5
to
the
general
assembly,
including
recommendations,
by
June
1,
6
2029.
7
The
bill
grants
the
department
enforcement
authority
for
the
8
enforcement
of
the
bill,
including
by
disciplining
licenses
9
and
registrations,
imposing
fees,
and
seizing
and
destroying
10
psilocybin.
The
department
shall
not
revoke
a
license
or
11
registration
issued
pursuant
to
the
bill
without
first
12
conducting
a
contested
case
proceeding.
13
The
bill
requires
the
department
to
adopt
rules
to
allow
14
for
the
production
and
sale
of
consumable
goods
containing
15
psilocybin
and
psilocybin
product.
The
bill
makes
a
statement
16
of
state
policy
that
contracts
related
to
the
production,
sale,
17
and
administration
of
psilocybin
pursuant
to
the
bill
are
18
enforceable.
19
The
bill
requires
the
department
to
conduct
a
study
20
regarding
the
use
of
psychedelic
compounds
other
than
21
psilocybin
in
the
treatment
of
medical
conditions.
The
22
department
shall
submit
a
report
to
the
general
assembly,
23
including
its
findings
and
recommendations,
by
January
1,
2027.
24
A
person
who
violates
a
provision
of
the
bill
for
which
25
another
penalty
is
not
provided
is
guilty
of
a
simple
26
misdemeanor
punishable
by
a
fine
of
$100,
except
that
a
person
27
who
intentionally
or
knowingly
violates
a
provision
of
the
bill
28
for
which
no
other
penalty
is
provided
three
or
more
times
is
29
guilty
of
a
serious
misdemeanor
punishable
by
a
fine
of
$1,000.
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