Psychedelic substances

AN ACT Relating to access to psychedelic substances by 1
individuals 21 years of age or older; amending RCW 7.48.310, 2
69.50.101, 49.60.180, 18.130.010, 18.130.180, and 19.410.020; 3
reenacting and amending RCW 43.79A.040, 43.79A.040, and 18.130.040; 4
adding a new section to chapter 42.56 RCW; adding a new section to 5
chapter 15.130 RCW; adding a new chapter to Title 18 RCW; adding a 6
new chapter to Title 66 RCW; creating new sections; prescribing 7
penalties; providing an effective date; providing expiration dates; 8
and declaring an emergency. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:10
INTRODUCTORY SECTION11
NEW SECTION. Sec. 1. (1) The legislature finds that:12
(a) Psychedelic substances have a low-risk profile when 13
administered in a context of supported adult use, in a controlled 14
environment, and under the supervision of a trained facilitator;15
(b) Many individuals report having profound experiences after 16
taking psychedelic substances creating lasting impressions and 17
inspiring positive change in their lives; 18
(c) Results from clinical trials reveal therapeutic 19
administration of psychedelic substances to be a promising practice 20
S-0325.4
SENATE BILL 5201
State of Washington 69th Legislature 2025 Regular Session
By Senators Salomon, Nobles, Bateman, Trudeau, Lovelett, Frame,
Chapman, Hasegawa, Wellman, Holy, King, Saldaña, Schoesler, and J.
Wilson
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Health & Long-Term Care.
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for the treatment of conditions such as substance use disorders, 1
posttraumatic stress disorder, treatment-resistant depression, 2
obsessive-compulsive disorders, and other serious maladies, with a 3
potential effect size many times larger than mainstream 4
pharmaceutical and clinical interventions, obtained with fewer side 5
effects, and much smaller long-term costs. These promising results 6
combined with the risk profile have led both Oregon and Colorado to 7
legalize regulated psychedelic substance services for adults 21 years 8
and older by ballot initiative; 9
(d) Based on informed speculation, the benefits of therapeutic 10
administration of psychedelic substances are likely to be 11
particularly great when paired with clinical services of a trained 12
therapist who can assist a person in preparing for, and integrating 13
their experience with, psychedelic substances; and14
(e) Despite a recent proliferation of studies, the federal 15
government's classification of psychedelic substances as Schedule I 16
controlled substances has stymied the creation of high quality large-17
scale research studies into their risks and benefits of psychedelic 18
substances, to everyone's detriment. 19
(2) The legislature enacts this act for a threefold purpose:20
(a) To provide adults in Washington with a regulated, safe means 21
of accessing psychedelic substances to be overseen by the department 22
of health using fully tested substances administered by licensed 23
professionals; 24
(b) To provide a safe harbor for health professionals interested 25
in applying their clinical skills and new training to help clients 26
maximize the therapeutic benefit from safe use of psychedelic 27
substances while receiving protection from adverse licensure action 28
within Washington state based on the federal prohibitions; and29
(c) To advance knowledge about the risks and benefits of the use 30
of psychedelic substances by facilitating research opportunities in 31
the state of Washington using clinical trials and by analysis of 32
anonymized aggregate data that may not be used to identify an 33
individual person without the person's consent. 34
NEW SECTION. Sec. 2. (1) The legislature finds that:35
(a) Equity, access, and inclusion are important values to 36
consider for participation in the regulated psychedelic substance 37
system and participation as clients when the system is established;38
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(b) There is a special need for the potential benefits from 1
therapeutic use of psychedelic substances among historically 2
disadvantaged communities, economically disadvantaged communities, 3
justice involved communities, and communities that have been 4
disproportionately impacted by the war against drugs;5
(c) Experience with legalization in Oregon and Colorado has shown 6
that the highest barrier to participation in the psychedelic 7
substance system is high cost, engendered in part by the 8
unavailability of insurance coverage and the high cost of regulatory 9
operations and regulatory compliance in this new industry;10
(d) It is not possible to effectively address equity, access, and 11
inclusion without addressing cost of services; 12
(e) Consciousness of cost is not incompatible with prudent regard 13
for the safety of psychedelic substance clients and the public; and14
(f) While well-designed regulations enhance safety and consumer 15
confidence and promote reasonable and prudent precautions against 16
diversion of psychedelic substances, overbearing regulation, however 17
well-meaning, increases costs for licensees and clients.18
(2) Therefore, the legislature directs the department of health 19
and the liquor and cannabis board to consider the cost and complexity 20
of regulatory compliance when adopting regulations under this act, 21
and to enact rules that maximize flexibility and lower costs for 22
licensees and streamline the experience for clients as much as 23
possible, considering the comparatively small street value and lack 24
of toxicity of psychedelic substances, and maintaining due regard for 25
client safety. 26
NEW SECTION. Sec. 3. (1) Regulatory duties under this act are 27
divided between:28
(a) The department of health, which must oversee the licensure of 29
facilitators, clinical facilitators, and service centers, and develop 30
rules relating to preparation, administration, and integration 31
sessions, including permissible locations for administration 32
sessions; and 33
(b) The liquor and cannabis board, which must oversee the 34
licensure of manufacturers and laboratories and develop regulations 35
related to testing, tracking, packaging, and labeling of psychedelic 36
substances. 37
(2) The department of health and the liquor and cannabis board 38
must collaborate closely in order to execute their duties under this 39
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act in a consistent and cost-effective manner, and may enter 1
memoranda of understanding or joint operating or enforcement 2
agreements when doing so would decrease the cost of regulation and 3
lessen the burden of regulatory compliance for licensees.4
DEPARTMENT OF HEALTH PROVISIONS5
NEW SECTION. Sec. 4. This act may be known and cited as the 6
psychedelic substances act.7
NEW SECTION. Sec. 5. This chapter may not be construed:8
(1) To require a government medical assistance program or private 9
health insurer to reimburse a person for costs associated with the 10
administration of psychedelic substances; 11
(2) To prohibit a recipient of a federal grant or an applicant 12
for a federal grant from prohibiting the manufacture, delivery, 13
possession, or use of psychedelic substances to the extent necessary 14
to satisfy federal requirements for the grant; 15
(3) To prohibit a party to a federal contract or a person 16
applying to be a party to a federal contract from prohibiting the 17
manufacture, delivery, possession, or use of psychedelic substances 18
to the extent necessary to comply with the terms and conditions of 19
the contract or to satisfy federal requirements for the contract; or20
(4) To obstruct the enforcement of a federal law.21
NEW SECTION. Sec. 6. The definitions in this section apply 22
throughout this chapter unless the context clearly requires 23
otherwise.24
(1) "Administration session" means a session at which a client 25
consumes and experiences the effects of a psychedelic substance under 26
the guidance and oversight of a facilitator or clinical facilitator.27
(2) "Associate" means an associate facilitator or associate 28
clinical facilitator. 29
(3) "Associate clinical facilitator" means a person licensed by 30
the department as an associate clinical facilitator who is authorized 31
to provide all the functions of a clinical facilitator under the 32
supervision of an approved supervisor while accumulating the 33
necessary experience hours for licensure as a clinical facilitator.34
(4) "Associate facilitator" means a person licensed by the 35
department as an associate facilitator who is authorized to perform 36
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all the services of a facilitator under the supervision of an 1
approved supervisor while accumulating the necessary experience hours 2
for licensure as a facilitator. 3
(5) "Board" means the Washington psychedelic substances board 4
established in section 7 of this act. 5
(6) "Client" means an individual who is 21 years of age or older 6
who consumes or intends to consume a psychedelic substance at an 7
administration session. 8
(7) "Clinical facilitator" means a person licensed by the 9
department as a clinical facilitator who is authorized by that 10
license to perform all the functions of either a facilitator or 11
clinical facilitator, and can provide client services alternatively 12
within their scope of practice as a clinical facilitator or within 13
the scope of practice created by their separate license as a health 14
professional. 15
(8) "Department" means the department of health.16
(9) "Educational information" refers to information which must be 17
provided to a client before the client's first administration session 18
which may be provided during a preparation session with a facilitator 19
or clinical facilitator or by other means authorized by the 20
department in rule, such as through a video presentation approved by 21
the department. 22
(10) "Facilitator" means a person licensed by the department as a 23
facilitator who can independently prepare a client who presents a low 24
to moderate risk profile for an administration session, independently 25
supervise a client through an administration session, and guide the 26
client through an integration session. 27
(11) "Health professional" means a person licensed or certified 28
in the state of Washington as a: Physician; physician assistant; 29
osteopathic physician; naturopathic physician; registered nurse; 30
licensed practical nurse; advanced practice registered nurse; 31
emergency medical services provider; psychologist; social worker; 32
mental health counselor; marriage and family therapist; substance use 33
disorder professional; behavioral health support specialist; 34
pharmacist; certified counselor; certified advisor; certified 35
behavior technician; occupational therapist; licensed behavior 36
analyst; any person licensed or certified within any of the preceding 37
disciplines as an associate, assistant, or trainee; or any person 38
with a master's degree or further advanced degree in counseling or 39
one of the social sciences from an accredited college or university 40
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who has at least two years of experience in direct treatment of 1
persons with mental illness, substance use disorder, or emotional 2
disturbance gained under the supervision of a mental health 3
professional recognized by the department of social and health 4
services or attested to by a licensed behavioral health agency.5
(12) "Integration session" means an in-person or virtual meeting 6
between a client and a facilitator or clinical facilitator that must 7
be offered to all clients after the completion of an administration 8
session. 9
(13) "Preparation session" means a remote or in-person meeting 10
between a client and a facilitator or clinical facilitator before a 11
first administration session, which may be combined with the 12
administration session for clients who present low to moderate risk 13
and who have reviewed educational information relating to therapeutic 14
use of psychedelic substances with a trained individual or by use of 15
a video approved by the department. 16
(14) "Psilocybin" means psilocybin or psilocin, either naturally 17
occurring or produced using chemical synthesis, and includes products 18
containing psilocybin-producing fungi or which have been infused with 19
a detectable amount of psilocybin or psilocin. 20
(15) "Psychedelic harm reduction integration" means a well-21
established theory which delineates how a health professional can 22
apply the skills of their profession ethically and legally within 23
their scope of practice in the context of advising or treating a 24
patient who is contemplating therapeutic use of psychedelic 25
substances, or integrating lessons learned from the use of 26
psychedelic substances by applying a harm reduction approach.27
(16) "Psychedelic substance" means psilocybin or psilocin and, 28
after December 31, 2029, may include any of the following additional 29
substances if recommended by the board and subsequently adopted in 30
rule by the department: Dimethyltryptamine, ibogaine, bufotenin, 3,4-31
methylenedioxymethamphetamine, and mescaline (excluding peyote and 32
any parts or extracts of the plant classified as Lophophora 33
williamsii plant). 34
(17) "Secretary" means the secretary of health appointed under 35
RCW 43.70.030. 36
(18) "Service center" means a location licensed by the department 37
where facilitators and clinical facilitators may hold administration 38
sessions with clients, and which can acquire, possess, transfer, 39
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transport, deliver, supply, sell, or dispense psychedelic substances 1
to authorized entities or individuals. 2
(19) "Service center operator" means a person that operates a 3
service center. 4
(20) "Two-year program development period" means the period 5
beginning on September 1, 2025, and ending by September 1, 2027.6
WASHINGTON PSYCHEDELIC SUBSTANCES BOARD7
NEW SECTION. Sec. 7. (1) The Washington psychedelic substances 8
board is established within the department to provide advice and 9
assistance to the department in administering this chapter. The board 10
shall consist of six psychedelic substance facilitators and five 11
public members.12
(a) Until June 30, 2028, three of the facilitator members must at 13
the time of their appointment be licensed or certified as a health 14
professional as defined in this chapter. The department shall use its 15
discretion to appoint individuals who have experience in facilitating 16
experiences with psychedelic substances. Starting July 1, 2028, 17
individuals in these three positions must be clinical facilitators 18
licensed under this chapter. 19
(b) Until June 30, 2028, three of the facilitator members must be 20
individuals who are not separately licensed or certified as a health 21
professional as defined in this chapter. The department shall use its 22
discretion to appoint individuals with experience in facilitating 23
experiences with psychedelic substances. Starting July 1, 2028, the 24
individuals holding these positions must be facilitators licensed 25
under this chapter. 26
(c) The five public members must not be current or former 27
licensees under this chapter. 28
(d) The 11 members of the board must include at least one person 29
with expertise in public health, at least one person with knowledge 30
of academic health research processes, at least one person with 31
knowledge of indigenous practices and experiences, at least one BIPOC 32
member, and at least four members with expertise in business, at 33
least one of whom must have experience in business related to 34
psychedelic substances. A member of the board is permitted to satisfy 35
the requirements of more than one of these categories.36
(2) Three members of the board shall be appointed for a term of 37
one year, four members shall be appointed for a term of two years, 38
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and four members shall be appointed for a term of three years. 1
Subsequent members shall be appointed for terms of three years. A 2
person must not serve as a member of the board for more than two 3
consecutive terms. After January 1, 2030, the department shall, by 4
attrition, reduce the number of public members of the board from five 5
to three. 6
(3) The secretary shall appoint the board members by September 1, 7
2025. 8
(4) The board may adopt rules necessary for its operation.9
(5) The board may establish committees and subcommittees 10
necessary to fulfill its functions. 11
(6) The members of the board may receive reimbursement or an 12
allowance for expenses within amounts appropriated for that specific 13
purpose consistent with RCW 43.03.220. 14
(7) The board must hold its first meeting by October 31, 2025, at 15
a time and place specified by the department. During the two-year 16
program development period, the board shall advise the department on 17
formulation of rules to implement this chapter and meet on a schedule 18
mutually agreed by the department and the board. Following the two-19
year development period, the board shall meet at least quarterly.20
(8) Beginning January 1, 2028, the board and department shall 21
receive periodic reports from the University of Washington center for 22
novel therapeutics in addiction psychiatry concerning trends and 23
developments revealed from research studies related to use of 24
psychedelic substances and analysis of data collection about 25
psychedelic substance use in Washington under this chapter upon a 26
mutually agreed upon schedule. The department must apply this 27
knowledge to update rules under this chapter as appropriate with the 28
advice from the board. 29
PROTECTION OF CLIENT INFORMATION30
NEW SECTION. Sec. 8. Service center operators, facilitators, 31
clinical facilitators, or their employees may not disclose 32
information that may be used to identify a client, or any 33
communication made by a client during the course of providing 34
psychedelic substance services or selling psychedelic substance 35
products to the client, or any time thereafter, to any third party 36
except:37
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(1) When the client or a person authorized to act on behalf of 1
the client gives consent to the disclosure; 2
(2) As needed to share such information with the department as 3
required by rule; 4
(3) When the client initiates legal action or makes a complaint 5
against the service center operator, facilitator, clinical 6
facilitator, or employee under this chapter; 7
(4) When the communication reveals the intent to commit a crime 8
harmful to the client or others; 9
(5) When the communication reveals that a minor, elder, or 10
dependent adult, may have been a victim of a crime or physical, 11
sexual, or emotional abuse or neglect; 12
(6) When responding to an inquiry by the department made during 13
the course of an investigation into the conduct of the service center 14
operator, facilitator, clinical facilitator, or employee under this 15
chapter; or 16
(7) As authorized in rules adopted by the department, which must 17
not allow disclosure of identifying information to third parties 18
without the consent of the client. 19
FACILITATORS, CLINICAL FACILITATORS, AND ASSOCIATES20
NEW SECTION. Sec. 9. The secretary shall license an applicant 21
as a facilitator if the applicant demonstrates to the satisfaction of 22
the secretary that the applicant meets the following requirements:23
(1) Successful completion of an approved facilitator training 24
program including: 25
(a) A coursework requirement that may be provided either by in-26
person or remote learning or by asynchronous video or both; and27
(b) An in-person practicum requirement consisting of at least 50 28
hours, no more than 10 of which may be in the form of videos or role 29
play, and no more than 30 percent can be accomplished through 30
personal experience, and no more than 20 hours consisting of passive 31
observation in person, allowing the applicant to demonstrate skills 32
in core competencies related to psychedelic substance facilitation;33
(2) Successful completion of a supervised practice requirement 34
under supervision of an approved supervisor consisting of a minimum 35
of at least 200 hours, at least 60 hours of which must consist of 36
direct one-on-one supervision or group supervision;37
(3) Successful completion of an approved examination;38
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(4) To ensure accessibility, training, including practicum, must 1
be permissible anywhere in the world; and 2
(5) Facilitator training must include information about cultural 3
competence. 4
NEW SECTION. Sec. 10. (1) The secretary shall license an 5
applicant as a clinical facilitator if the applicant demonstrates to 6
the satisfaction of the secretary that the applicant meets the 7
following requirements:8
(a) Completion of all the requirements to be licensed as a 9
facilitator, including an enhanced examination that includes 10
principles of psychedelic harm reduction integration;11
(b) Completion of an approved course on psychedelic harm 12
reduction integration; and 13
(c) At the time of licensure, the facilitator holds a license or 14
certification in good standing as a health professional in Washington 15
state or a substantially equivalent credential issued by another 16
jurisdiction in the United States or abroad. 17
(2) The board, or the department acting upon advice or guidance 18
from the board, may reduce or waive the practicum or supervised 19
experience requirements, or both, under this section for an applicant 20
in consideration of prior experience in psychedelic substance 21
facilitation that is documented by, or attested to by, the applicant.22
(3) The board, or the department acting upon advice or guidance 23
from the board, may reduce or waive educational or testing 24
requirements under this section for an applicant who holds a 25
credential in psychedelic substance facilitation from another state, 26
or who holds other recognized indications of education and training 27
in psychedelic substance facilitation. 28
NEW SECTION. Sec. 11. (1) Until January 1, 2029, the board may 29
waive the supervised practice requirement under section 9 of this act 30
for facilitator or clinical facilitator applicants who are determined 31
in the discretion of the board, or by the department acting on advice 32
or guidance from the board, to have acquired sufficient education and 33
experience to safely perform an administration session under this 34
chapter.35
(2) Until January 1, 2030, the board may waive the requirement 36
for an approved supervisor to have two years of licensure under 37
section 13 of this act if the approved supervisor is determined in 38
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the discretion of the board, or by the department acting on advice or 1
guidance from the board, to have acquired sufficient education and 2
experience to supervise associates. 3
(3) This section expires June 30, 2030. 4
NEW SECTION. Sec. 12. (1) By September 1, 2027, the department 5
must develop, or contract for the development of, a course for health 6
professionals to be made available at no cost through the 7
department's website enabling health professionals to learn 8
principles of how to apply their clinical skills to provide informed 9
counseling to clients who are contemplating engaging in therapeutic 10
use of psychedelic substances or who are integrating the lessons from 11
an experience in taking psychedelic substances for therapeutic 12
purposes. The course must include known information about risk 13
factors, costs, and benefits of the therapeutic use of psychedelic 14
substances, and incorporate skills and insights from the theory of 15
psychedelic harm reduction integration.16
(2) The course satisfies the educational requirements for 17
licensure as an associate clinical facilitator when taken in 18
conjunction with the training course for facilitators.19
NEW SECTION. Sec. 13. (1) The secretary shall issue an 20
associate facilitator license or associate clinical facilitator 21
license to an applicant who demonstrates to the satisfaction of the 22
secretary that the applicant has met all requirements towards 23
licensure as a facilitator or clinical facilitator except for the 24
supervised experience requirement, and who submits a declaration that 25
the applicant is working toward full licensure.26
(2) The associate facilitator or associate clinical facilitator 27
must disclose to each client, during the first professional contact, 28
their associate status and that they are working under the 29
supervision of an approved supervisor. 30
(3) An associate facilitator or associate clinical facilitator 31
may perform administration sessions and perform other duties 32
authorized by this chapter under the supervision of an approved 33
supervisor. 34
(4) An associate license may be renewed. 35
(5) An associate may work in paid employment in the psychedelic 36
substance industry in the capacity of a facilitator under the 37
supervision of a qualified supervisor. 38
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(6) An approved supervisor must have two years of licensure as a 1
facilitator or clinical facilitator, or equivalent experience from 2
another jurisdiction as determined by the board or the department 3
acting on advice or guidance from the board, unless this requirement 4
is waived under section 11 of this act. 5
NEW SECTION. Sec. 14. (1) A facilitator or associate 6
facilitator who is not a clinical facilitator or associate clinical 7
facilitator must make conspicuous disclosures to a client describing:8
(a) The limitations of the facilitator's or associate 9
facilitator's scope of practice; and 10
(b) That the facilitator or associate facilitator is not able to 11
provide therapy, counseling, or the services of any other health 12
profession requiring a license under Washington law.13
(2) A facilitator or associate facilitator must disclose that the 14
facilitator's or associate facilitator's role is to guide the client 15
through an experience, with no guarantee of results. The facilitator 16
or associate facilitator must advise a client who wishes to receive 17
services beyond those within the facilitator or associate 18
facilitator's scope of practice to consult a clinical facilitator, 19
associate clinical facilitator, or another health professional. To 20
proceed, the client must provide written acknowledgment of the 21
client's understanding of the facilitator's or associate 22
facilitator's role. 23
(3) A clinical facilitator must make the following conspicuous 24
disclosures to a client: 25
(a) Describe the other health care profession license or licenses 26
held by the clinical facilitator; 27
(b) Explain whether at any given time the clinical facilitator or 28
associate facilitator is practicing within the scope of the clinical 29
facilitator's or associate facilitator's health care license, or 30
clinical facilitator license; 31
(c) Describe any relevant scope of practice limitations for the 32
license under which the clinical facilitator or associate clinical 33
facilitator is currently operating, with notification to the client 34
if this role changes; and 35
(d) Describe limitations on billing insurance when the clinical 36
facilitator is acting within the scope of their license as a clinical 37
facilitator instead of a license as a health care professional.38
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(4) A clinical facilitator may practice within the scope of 1
either of the clinical facilitator's licenses, including during the 2
same client session, but the clinical facilitator may not seek 3
insurance reimbursement for services provided under the clinical 4
facilitator's license as a health professional while simultaneously 5
facilitating an administration session in which a client ingests a 6
psychedelic substance. Insurance reimbursement may be sought for 7
services provided during a preparation session or integration session 8
while the clinical facilitator is acting within the clinical 9
facilitator's scope of practice as a health professional.10
NEW SECTION. Sec. 15. The department must offer an examination 11
for applicants for licensure as a facilitator or clinical facilitator 12
at least twice a year. An applicant who fails any part of the 13
examination may retake the failed section in accordance with rules 14
adopted by the department.15
AUTHORIZED LOCATIONS FOR PSYCHEDELIC SUBSTANCE ADMINISTRATION16
NEW SECTION. Sec. 16. (1) A facilitator or clinical facilitator 17
may hold a psychedelic substance administration session in one of the 18
following locations:19
(a) A service center licensed under this chapter;20
(b) Any location licensed as a health care facility by the 21
department and registered under this chapter by a facilitator or 22
clinical facilitator as a location where administration sessions may 23
be performed; 24
(c) The regular place of business within the state of Washington 25
in which a clinical facilitator uses the clinical facilitator's 26
health professional license and that the clinical facilitator has 27
registered with the department as a location where an administration 28
session may be held by the clinical facilitator or a facilitator 29
working in tandem with the clinical facilitator. Registration shall 30
not affect the clinical facilitator's discretion to determine hours 31
of operation; 32
(d) The residence of a psychedelic substance services client; or33
(e) A temporary location permitted by the department.34
(2) Both individual and group administration sessions may be held 35
in all locations specified under subsection (1) of this section, 36
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subject to available space. A group session under subsection (1)(c) 1
of this section is limited to up to two clients. 2
(3) The department may limit the number of administration 3
sessions authorized to be held within the residence of a single 4
psychedelic substances client to no more than six within a 12-month 5
period. If an administration session in a client's home involves a 6
single facilitator, the department may require the administration 7
session to be recorded for client safety. 8
(4) A permit issued by the department approving a temporary 9
location for holding an administration session under subsection 10
(1)(e) of this section must expire within six months and must 11
authorize no more than eight administration sessions to be held at 12
the temporary location within any 12-month period. The department 13
must develop a checklist of factors such as size, privacy, 14
permissions, control of the space, and other factors established by 15
rule to determine if the space is suitable for issuance of a permit 16
which may be documented or certified by the applicant. A permit may 17
be renewed if requirements for issuance continue to be met. The 18
department shall waive the limitations as to time and frequency when 19
issuing a temporary location permit for the purpose of a research 20
study related to psychedelic substances approved by the Washington 21
state institutional review board, University of Washington 22
institutional review board, or a similar oversight body, in which 23
case the conditions attached to the temporary location permit must be 24
tailored to the parameters of the research study. 25
NEW SECTION. Sec. 17. (1) The department must establish 26
procedures for licensure and rules for operation of service centers, 27
that must include, but not be limited to, the following:28
(a) Requiring applicants for a service center operator license to 29
be 21 years of age or older; 30
(b) Allowing a service center to have any number of 31
administration areas in which an administration session may take 32
place; 33
(c) Requiring the service center to have a limited access area, 34
that may be secured by any reasonable means, for storage of 35
psychedelic substances; 36
(d) Allowing group administration sessions, subject to room 37
occupancy limits based on health and safety and a client-to-38
facilitator ratio based on facilitator experience;39
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(e) Allowing outdoor administration sessions; and1
(f) Allowing one or more third parties to attend an 2
administration session with the consent of all participating clients 3
and facilitators. 4
(2) A service center may use an administration session area for 5
any other purpose when the administration session area is not being 6
used for an administration session. A service center may use all 7
parts of its premises excluding the limited access area for other 8
legal purposes if such uses do not interfere with any administration 9
session taking place on the premises. 10
(3) License and registration fees adopted under this section may 11
not exceed, together with other fees collected under this chapter, 12
the cost of administering this chapter, and must be deposited in the 13
psychedelic substance facilitation control and regulation account 14
established under section 41 of this act. 15
TRANSPORTATION OF PSYCHEDELIC SUBSTANCES16
NEW SECTION. Sec. 18. (1) An employee of a service center who 17
is registered with the department may transport and deliver a 18
psychedelic substance only to:19
(a) A service center; 20
(b) A laboratory or manufacturer licensed under chapter 66.--- 21
RCW (the new chapter created in section 110(2) of this act);22
(c) A health care facility licensed by the department and 23
registered with the department as a location where administration 24
sessions may be performed; 25
(d) An entity conducting an approved research study related to 26
psychedelic substances that has obtained a temporary location permit 27
from the department; or 28
(e) A facilitator licensed under this chapter, provided the 29
delivery of the psychedelic substance is to a location directed by 30
the facilitator, and the facilitator must be present to receive the 31
psychedelic substance at the time of delivery. 32
(2) A facilitator may transport a psychedelic substance to and 33
from administration session locations and locations where storage of 34
psychedelic substances are authorized under section 19 of this act.35
(3) Nothing in this section shall be construed to authorize the 36
possession, sale, or delivery of a psychedelic substance to a person 37
who is under 21 years of age. 38
p. 15 SB 5201
(4) No locality may prohibit the transportation of a psychedelic 1
substance through its jurisdiction on public roads by an entity 2
licensed or registered under this chapter, or as otherwise allowed 3
under this chapter. 4
STORAGE OF PSYCHEDELIC SUBSTANCES5
NEW SECTION. Sec. 19. (1) Psychedelic substances regulated by 6
this chapter or chapter 66.--- RCW (the new chapter created in 7
section 110 (2) of this act) may be stored at a service center, a 8
manufacturer or laboratory licensed under chapter 66.--- RCW (the new 9
chapter created in section 110 (2) of this act), or in a limited 10
access location at a health care facility licensed by the department 11
and registered with the department as a location where an 12
administration session may be held.13
(2) A facilitator may temporarily store a psychedelic substance 14
in any container or enclosure that has a key lock or lock with a 15
unique alphanumeric combination to access, or other receptacle 16
capable of being secured when not in active use outside a location 17
permitted in subsection (1) of this section, but only in a quantity 18
no larger than necessary for use in holding an administration session 19
or administration sessions to be conducted or supervised by the 20
facilitator that are scheduled to occur within five business days.21
(3) A clinical facilitator may temporarily store a psychedelic 22
substance within a limited access area at the regular place of 23
business within the state of Washington in which the clinical 24
facilitator uses the clinical facilitator's health care license and 25
that is registered with the department as a location where an 26
administration session may be held by the clinical facilitator or a 27
facilitator working in tandem with the clinical facilitator, provided 28
that the quantity is no larger than necessary for use in holding an 29
administration session or administration sessions that are scheduled 30
to occur within 10 business days. 31
PREREQUISITES FOR AN ADMINISTRATION SESSION32
NEW SECTION. Sec. 20. (1) Before holding an administration 33
session, a facilitator must:34
(a) Collect client information; 35
(b) Make any disclosures and warnings required by rule;36
p. 16 SB 5201
(c) Verify that the client has received and reviewed educational 1
information and had the opportunity to have a preparation session if 2
desired before the administration session; and 3
(d) Make, verify, or confirm arrangements for safety 4
contingencies and client transportation at the end of the session.5
(2) If the client information reveals that the client is high 6
risk for complications during the administration session as provided 7
by rule, the facilitator may: 8
(a) Problem solve with the client on how to mitigate risks that 9
have been identified; 10
(b) Require the client to have additional preparation sessions 11
before holding an administration session; 12
(c) If the facilitator is not a clinical facilitator, refer the 13
client to a clinical facilitator or other health professional for 14
counseling before holding an administration session; or15
(d) Decline to hold an administration session with the client.16
NEW SECTION. Sec. 21. All psychedelic substance clients must be 17
offered an integration session after participating in an 18
administration session, to be held within 72 hours and subject to 19
requirements established in rule by the board and the department. An 20
integration session may, but need not be, held at a service center 21
and may be held in-person or remotely. An integration session must be 22
documented by the facilitator.23
POWERS OF THE DEPARTMENT OF HEALTH24
NEW SECTION. Sec. 22. (1) A regulated psychedelic substances 25
program is established in the department.26
(2) The secretary may adopt rules necessary to implement this 27
chapter. The rules adopted by the department shall include, but not 28
be limited to: 29
(a) Establishing requirements for an administration session, 30
including: 31
(i) The form and content of client information to be collected by 32
the facilitator; 33
(ii) Procedures for reporting information to the department and 34
storing this information; 35
p. 17 SB 5201
(iii) Identification of risk factors which may require extra 1
support for a client before participating in an administration 2
session, along with follow-up options for the facilitator, and 3
whether it is necessary to have exclusion factors which preclude an 4
administration session; 5
(iv) The content of any required disclosures and warnings;6
(v) The content of any educational information that must be 7
received and reviewed by the client before an administration session, 8
which may be received either through a meeting with a clinical 9
facilitator or by viewing a video approved by the board or the 10
department and made available before the administration session;11
(vi) Procedures for holding and documenting completion of an 12
administration session; 13
(vii) Prohibitions on holding an administration session with a 14
participant who is visibly intoxicated; 15
(viii) Planning for safety contingencies and transportation for 16
the client when the administration session is complete;17
(ix) Provisions for group administration sessions in which one or 18
more facilitators provide an administration session to more than one 19
participant as part of the same administration session; and20
(x) Provisions that allow a facilitator or service center to 21
refuse to provide psychedelic substance services to a client;22
(b) Establishing facilitator guidelines that include and promote:23
(i) Facilitation skills that are affirming, nonjudgmental, 24
culturally competent, and nondirective; 25
(ii) The importance of client safety; 26
(iii) Consideration of the environment for the administration 27
session; and 28
(iv) A code of ethics and professional conduct for facilitators;29
(c) Establishing requirements for issuing a temporary location 30
permit under section 16 of this act authorizing holding an 31
administration session in a location that is able to meet reasonable 32
health and safety requirements; 33
(d) Establishing requirements for an administration session that 34
is held within the residence of a client that advances best practices 35
and protects the health and safety of the client. This may include a 36
rule requiring a safety check of the premises by the facilitator and 37
recording of the administration session unless two or more licensed 38
facilitators are present; 39
p. 18 SB 5201
(e) Establishing prerequisites and requirements for 1
administration sessions that are held at the regular place of 2
business of a clinical facilitator; 3
(f) Establishing requirements for integration sessions; and4
(g) Establishing requirements for the operation of service 5
centers. 6
(3) The department may approve training courses for facilitators 7
and clinical facilitators. Facilitator training must be modular, 8
allowing the offering of comprehensive training programs and partial 9
training programs, so that a candidate may elect to piece together a 10
training curriculum among modules offered by different training 11
programs. The core curriculum may be offered in person or through 12
distance education, with the practical portion of the curriculum 13
completed in person. 14
(4) In making rules under this chapter the department may not:15
(a) Require a client to be diagnosed with or have any particular 16
medical condition as a condition to being provided psychedelic 17
substance services; or 18
(b) Require a professional license or professional degree to 19
license an individual as a facilitator. 20
(5) The jurisdiction, supervision, duties, functions, and powers 21
held by the department under this section are not shared by the 22
pharmacy quality assurance commission under chapter 18.64 RCW.23
NEW SECTION. Sec. 23. In adopting rules under this chapter, the 24
department must consult with:25
(1) The University of Washington center for novel therapeutics in 26
addiction psychiatry, the research and data administration of the 27
department of social and health services, and the Washington state 28
institute for public policy concerning best practices for data 29
collection from psychedelic substance services clients that will:30
(a) Protect personally identifiable information provided by 31
psychedelic substance services clients from disclosure to third 32
parties, including disclosures to state or federal law enforcement 33
agencies, except to the extent authorized by the client; and34
(b) Maximize research opportunities to advance knowledge of 35
benefits, risks, and outcomes of psychedelic substance administration 36
sessions using deidentified information, and including consideration 37
of the possibility of soliciting voluntary or incentivized opt-in 38
p. 19 SB 5201
from clients for enhanced information sharing for research purposes; 1
and 2
(2) The liquor and cannabis board as provided under section 3 of 3
this act. 4
TWO-YEAR PROGRAM DEVELOPMENT PERIOD5
NEW SECTION. Sec. 24. (1) By December 31, 2025, and from time 6
to time thereafter, the department must publish and distribute to the 7
public available medical, psychological, and scientific studies, 8
research, and other information relating to the safety and efficacy 9
of psychedelic substances in ameliorating behavioral health 10
conditions including, but not limited to, addiction, depression, 11
anxiety disorders, and end-of-life psychological distress.12
(2) By October 31, 2027, the department shall adopt rules and 13
establish forms necessary for the implementation of this chapter.14
APPLICATION PROCESS AND LICENSES15
NEW SECTION. Sec. 25. Beginning November 1, 2027, the 16
department shall begin accepting applications for the licensing of 17
persons to:18
(1) Operate a service center; and 19
(2) Facilitate psychedelic substance services.20
NEW SECTION. Sec. 26. (1) The department may establish 21
procedures for licensure and renewal of licenses under this chapter.22
(2) The department shall approve or deny an application to be 23
licensed under this chapter without unreasonable delay.24
NEW SECTION. Sec. 27. (1) The department may not license an 25
applicant under this chapter if the applicant is under 21 years of 26
age, nor may a licensee employ any person under 21 years of age at a 27
premises for which a license has been issued under this chapter.28
(2) The department may refuse to issue a license, or may issue a 29
restricted license, to an applicant under this chapter if the 30
department makes a finding that the applicant: 31
(a) Has not completed required education or training;32
(b) Has not passed an examination required by the department;33
(c) Has made false statements to the department;34
p. 20 SB 5201
(d) Demonstrates a lack of capacity or incompetency to carry on 1
the management of the establishment proposed to be licensed;2
(e) Has been convicted of violating a federal law, state law, or 3
local ordinance if the conviction is substantially related to the 4
fitness and ability of the applicant to lawfully carry out activities 5
under the license; 6
(f) Is not of good repute and moral character; 7
(g) Does not have a good record of compliance with this chapter 8
or any rule adopted under this chapter; 9
(h) Is not the legitimate owner of the premises proposed to be 10
licensed, or has not disclosed that other persons have ownership 11
interests in the premises proposed to be licensed; or12
(i) Is unable to understand the laws of this state relating to 13
psychedelic substances or the rules adopted under this chapter.14
(3) In determining whether to issue a license or a restricted 15
license to an applicant, the department may not consider the prior 16
conviction of the applicant or any owner, director, officer, manager, 17
employee, agent, or other representative of the applicant for:18
(a) The manufacture of a psychedelic substance or the manufacture 19
of a cannabis item; or 20
(b) The possession of a controlled substance. 21
NEW SECTION. Sec. 28. For the purpose of requesting a state or 22
nationwide criminal records check under RCW 18.130.064, the 23
department may require the fingerprints of any individual listed on a 24
licensure application. The powers conferred on the department under 25
this section include the power to require the fingerprints of:26
(1) If the applicant is a limited partnership, each general 27
partner of the limited partnership; 28
(2) If the applicant is a manager-managed limited liability 29
company, each manager of the limited liability company;30
(3) If the applicant is a member-managed limited liability 31
company, each voting member of the limited liability company;32
(4) If the applicant is a corporation, each director and officer 33
of the corporation; and 34
(5) Any individual who holds a financial interest of 10 percent 35
or more in the person applying for the license. 36
NEW SECTION. Sec. 29. A license issued under this chapter:37
(1) Is a personal privilege; 38
p. 21 SB 5201
(2) Is renewable, except for a cause that would be grounds for 1
refusal to issue the license; 2
(3) Is revocable or suspendable; 3
(4) Except for a license issued to a facilitator or clinical 4
facilitator, is transferable from the premises for which the license 5
was originally issued to another premises subject to the provisions 6
of this chapter, applicable rules adopted under this chapter, and 7
applicable local ordinances; 8
(5) If the license was issued to an individual, expires upon the 9
death of the licensee, except as provided under section 39 of this 10
act; 11
(6) Does not constitute property; 12
(7) Is not alienable; 13
(8) Is not subject to attachment or execution;14
(9) Does not descend by the laws of testate or intestate 15
devolution; and 16
(10) Does not grant the right to operate in conflict with local 17
zoning ordinances and development regulations. 18
LICENSEES IN GENERAL19
NEW SECTION. Sec. 30. Licensees and licensee representatives 20
may deliver and possess psychedelic substances subject to this 21
chapter. The delivery or possession of psychedelic substances by a 22
licensee or a licensee representative in compliance with this chapter 23
does not constitute a criminal or civil offense under the laws of 24
this state.25
NEW SECTION. Sec. 31. (1) A person may hold multiple service 26
center operator licenses; and27
(2) A person may hold both a manufacturer license under chapter 28
66.--- RCW (the new chapter created in section 110 (2) of this act) 29
and a service center operator license at the same or different 30
premises. 31
PSYCHEDELIC SUBSTANCE SERVICES32
NEW SECTION. Sec. 32. (1) A licensee or licensee representative 33
who relies on information provided by a client before sale or service 34
of a psychedelic substance to a client may not be found guilty or 35
p. 22 SB 5201
civilly liable for any offense relating to the sale or service of the 1
psychedelic substance unless it is demonstrated that a reasonable 2
person would have determined that the responses provided by the 3
client were incorrect or altered. 4
(2) A licensee or licensee representative may rely upon all 5
statements, declarations, and representations made by a client unless 6
it is demonstrated that: 7
(a) A reasonable person would have determined that one or more of 8
the statements, declarations, and representations made by the client 9
were incorrect or altered; or 10
(b) The licensee or licensee representative violated a provision 11
of this chapter or a department rule relative to the client 12
information. 13
(3) Except as provided in subsection (2) of this section, no 14
licensee or licensee representative shall incur legal liability by 15
virtue of any untrue statements, declarations, or representations so 16
relied upon in good faith by the licensee or licensee representative.17
NEW SECTION. Sec. 33. (1) Subject to other applicable law, a 18
licensee or licensee representative may refuse to provide psychedelic 19
substance services to a potential client for any or no reason.20
(2)(a) Except as provided in (b) of this subsection, and subject 21
to other applicable law, a licensee or licensee representative may 22
cease providing psychedelic substance services to a client for any or 23
no reason. 24
(b) A service center operator and a facilitator may not cease 25
providing psychedelic substance services to a client during an 26
administration session after the client has consumed a psychedelic 27
substance, except as authorized by the department by rule, or as 28
necessary in an emergency. 29
POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH WITH RESPECT TO 30
LICENSEES31
NEW SECTION. Sec. 34. The department serves as the disciplinary 32
authority for this chapter under the uniform disciplinary act, 33
chapter 18.130 RCW, which governs unlicensed practice, the issuance 34
and denial of licenses, and the discipline of persons licensed under 35
this chapter, except as explicitly provided in this chapter or by 36
rules adopted by the department. The department must establish and 37
p. 23 SB 5201
apply specific standards of practice and professional responsibility 1
tailored for individuals licensed by the department to facilitate 2
psychedelic substance services. 3
NEW SECTION. Sec. 35. (1) The department may, after 72 hours' 4
notice, make an examination of the books of a licensee for the 5
purpose of determining compliance with rules adopted under this 6
chapter.7
(2) The department may at any time make an examination of a 8
premises for which a license has been issued under this chapter for 9
the purpose of determining compliance with rules adopted under this 10
chapter. 11
(3) The department may not require the books of a licensee to be 12
maintained on a premises of the licensee. 13
NEW SECTION. Sec. 36. The department may require a licensee to 14
maintain general liability insurance in an amount that the department 15
determines is both reasonably affordable and available for the 16
purpose of protecting the licensee against damages resulting from a 17
cause of action related to activities undertaken under the license 18
held by the licensee.19
NEW SECTION. Sec. 37. In addition to any other disciplinary 20
action available to the department under chapter 18.130 RCW or this 21
chapter, the department may immediately restrict, suspend, or refuse 22
to renew a license issued under this chapter if it has probable cause 23
to conclude that a licensee has purchased or received a psychedelic 24
substance from an unlicensed source or that a licensee has sold, 25
stored, or transferred a psychedelic substance in a manner that is 26
not permitted by the licensee's license.27
NEW SECTION. Sec. 38. (1) The department may require a licensee 28
or applicant for a license under this chapter to submit, in a form 29
and manner prescribed by the department, to the department a sworn 30
statement showing:31
(a) The name and address of each person that has a financial 32
interest in the business operating or to be operated under the 33
license; and 34
p. 24 SB 5201
(b) The nature and extent of the financial interest of each 1
person that has a financial interest in the business operating or to 2
be operated under the license. 3
(2) The department may refuse to issue, or may suspend, revoke, 4
or refuse to renew, a license issued under this chapter if the 5
department determines that a person that has a financial interest in 6
the business operating or to be operated under the license committed 7
or failed to commit an act that would constitute grounds for the 8
department to refuse to issue, or to suspend, revoke, or refuse to 9
renew, the license if the person were the licensee or applicant for 10
the license. 11
NEW SECTION. Sec. 39. The department may, by rule or order, 12
provide for the manner and conditions under which:13
(1) Psychedelic substances left by a deceased, insolvent, or 14
bankrupt person or licensee, or subject to a security interest, may 15
be foreclosed, sold under execution, or otherwise disposed;16
(2) The business of a deceased, insolvent, or bankrupt licensee 17
may be operated for a reasonable period following the death, 18
insolvency, or bankruptcy; or 19
(3) A secured party may continue to operate at a premises for 20
which a license has been issued under this chapter for a reasonable 21
period after default on the indebtedness by the debtor.22
EMPLOYEES AND OTHER WORKERS23
NEW SECTION. Sec. 40. (1) An individual who performs work for 24
or on behalf of a licensee must have a valid permit issued by the 25
department if the individual participates in:26
(a) The provision of psychedelic substance services;27
(b) The possession, securing, or selling of psychedelic 28
substances; or 29
(c) The recording of the possession, securing, or selling of 30
psychedelic substances. 31
(2) A licensee must verify that an individual has a valid permit 32
before allowing the individual to perform any work described in 33
subsection (1) of this section. 34
(3) The department shall issue permits to qualified applicants to 35
perform work described in subsection (1) of this section. The 36
department shall adopt rules establishing: 37
p. 25 SB 5201
(a) The term of a permit issued under this section;1
(b) Procedures for applying for and renewing a permit issued 2
under this section; and 3
(c) Reasonable application, issuance, and renewal fees for a 4
permit issued under this section. 5
(4)(a) The department may require an individual applying for a 6
permit under this section to successfully complete a course, made 7
available by or through the department or third-party provider, 8
through which the individual receives training on: 9
(i) Checking identification; 10
(ii) Handling psychedelic substances; 11
(iii) If applicable, the manufacturing of psychedelic substances;12
(iv) The content of this chapter and rules adopted under this 13
chapter; or 14
(v) Any matter deemed necessary by the department to protect the 15
public health and safety. 16
(b) The department or other provider of a course may charge a 17
reasonable fee to applicants taking the course. 18
(c) The department may not require an individual to successfully 19
complete a course more than once, except that: 20
(i) As part of a final order suspending a permit issued under 21
this section, the department may require a permit holder to 22
successfully complete the course as a condition of lifting the 23
suspension; and 24
(ii) As part of a final order revoking a permit issued under this 25
section, the department shall require an individual to successfully 26
complete the course before applying for a new permit.27
(5) The department shall conduct a criminal records check under 28
RCW 18.130.064 on an individual applying for a permit under this 29
section. 30
(6) Subject to the applicable provisions of chapter 18.130 RCW, 31
the department may suspend, revoke, or refuse to issue or renew a 32
permit if the individual who is applying for or who holds the permit:33
(a) Is convicted of a felony or is convicted of an offense under 34
this chapter; 35
(b) Violates any provision of this chapter or any rule adopted 36
under this chapter; or 37
(c) Makes a false statement to the department.38
p. 26 SB 5201
(7) A permit issued under this section is a personal privilege 1
and permits work described under subsection (1) of this section only 2
for the individual who holds the permit. 3
PSYCHEDELIC SUBSTANCE FACILITATION CONTROL AND REGULATION ACCOUNT4
NEW SECTION. Sec. 41. The psychedelic substance facilitation 5
control and regulation account is created in the custody of the state 6
treasurer. All receipts from fees collected and civil penalties 7
issued under this chapter must be deposited into the account. 8
Expenditures may be used only for the purpose of administration and 9
enforcement of this chapter. Only the secretary or the secretary's 10
designee may authorize expenditures from the account. The account is 11
subject to allotment procedures under chapter 43.88 RCW, but an 12
appropriation is not required for expenditures.13
PROHIBITED CONDUCT14
NEW SECTION. Sec. 42. (1) A person may not produce any piece of 15
identification in connection with psychedelic substance-related 16
activities under this chapter that falsely indicates the person's 17
age.18
(2) Violation of this section is a class 1 civil infraction.19
(3) If a piece of identification is offered as evidence in any 20
administrative or criminal prosecution of a licensee or licensee 21
representative for sale or service of a psychedelic substance to a 22
person under 21 years of age, the licensee or licensee representative 23
is not guilty of any offense prohibiting a person from selling or 24
serving a psychedelic substance to a person under 21 years of age 25
unless it is demonstrated that a reasonable person would have 26
determined that the identification exhibited by the person under 21 27
years of age was altered, or that the identification exhibited by the 28
person under 21 years of age did not accurately describe the person 29
to whom the psychedelic substance was sold or served.30
CIVIL ENFORCEMENT31
NEW SECTION. Sec. 43. For purposes of this chapter, subpoenas 32
issued by the department and its authorized agents must comply with 33
RCW 43.70.090.34
p. 27 SB 5201
NEW SECTION. Sec. 44. In addition to any other liability or 1
penalty provided by law, the department may impose for each violation 2
of a provision of this chapter or a rule adopted under this chapter a 3
civil penalty that does not exceed $5,000 for each violation. The 4
department shall impose civil penalties under this section in the 5
manner provided by RCW 43.70.095. Money collected under this section 6
must be deposited in the psychedelic substance facilitation control 7
and regulation account.8
CRIMINAL ENFORCEMENT9
NEW SECTION. Sec. 45. Law enforcement officers of this state 10
may enforce this chapter and assist the department in detecting 11
violations of this chapter and apprehending offenders. A law 12
enforcement officer who has notice, knowledge, or reasonable ground 13
of suspicion of a violation of this chapter must immediately notify 14
the prosecuting attorney who has jurisdiction over the violation and 15
furnish the prosecuting attorney with names and addresses of any 16
witnesses to the violation or other information related to the 17
violation.18
NEW SECTION. Sec. 46. The county courts, prosecuting attorneys, 19
and municipal authorities, immediately upon the conviction of a 20
licensee of a violation of this chapter, or of a violation of any 21
other law of this state or of a city or county located in this state 22
an element of which is the possession, delivery, or manufacture of a 23
psychedelic substance, must notify the department of the conviction.24
NEW SECTION. Sec. 47. Subject to chapter 7.80 RCW, violation of 25
a rule adopted under this chapter is a class 2 civil infraction.26
REGULATION BY CITIES AND COUNTIES OF PSYCHEDELIC SUBSTANCE PRODUCTS27
NEW SECTION. Sec. 48. This chapter is designed to operate 28
uniformly throughout the state and is paramount and superior to and 29
fully replaces and supersedes any municipal charter or local 30
ordinance inconsistent with this chapter.31
NEW SECTION. Sec. 49. The authority to require a license for 32
the manufacturing or sale of a psychedelic substance in this state, 33
p. 28 SB 5201
or for the provision of psychedelic substance services in this state, 1
is vested solely in the legislature. 2
NEW SECTION. Sec. 50. (1) The governing body of a city or 3
county may adopt ordinances that impose reasonable regulations on the 4
operation of businesses located at premises for which a license has 5
been issued under this chapter or chapter 66.--- RCW (the new chapter 6
created in section 110(2) of this act) if the premises are located in 7
the area subject to the jurisdiction of the city or county.8
(2) For purposes of this section, "reasonable regulations" 9
includes: 10
(a) Reasonable conditions on the manner in which a psychedelic 11
substance manufacturer that holds a license issued under section 23 12
of this act may manufacture psychedelic substances;13
(b) Reasonable conditions on the manner in which a service center 14
operator may provide psychedelic substance services;15
(c) Reasonable limitations on the hours during which a premises 16
for which a license has been issued under this chapter or chapter 17
66.--- RCW (the new chapter created in section 110 (2) of this act) 18
may operate, but these limitations may not require a client to leave 19
an administration session while under the effects of a psychedelic 20
substance; and 21
(d) Reasonable requirements related to the public's access to a 22
premises for which a license has been issued under this chapter or 23
chapter 66.--- RCW (the new chapter created in section 110 (2) of this 24
act). 25
(3) The governing body of a city or county may not prohibit the 26
establishment of entities licensed under this chapter except in areas 27
zoned primarily for residential use. 28
(4) The governing body of a city or county may not impose 29
restrictions on licensees under this chapter or chapter 66.--- RCW 30
(the new chapter created in section 110 (2) of this act) that restrict 31
the proximity of the licensee to a school or other specific entity or 32
location. 33
(5) The governing body of a city or county that adopts an 34
ordinance may not impose a tax or fee on the manufacturing or sale of 35
psychedelic substances. 36
NEW SECTION. Sec. 51. (1) The authority to impose a tax or fee 37
on the manufacturing or sale of psychedelic substances in this state, 38
p. 29 SB 5201
or on the provision of psychedelic substance services in this state, 1
is vested solely in the legislature. 2
(2) A county, city, or other municipal corporation or district 3
may not adopt or enact ordinances imposing a tax or fee on the 4
manufacturing or sale of psychedelic substances in this state or on 5
the provision of psychedelic substance services in this state.6
POWERS AND DUTIES OF STATE AGENCIES AND OFFICERS AND THE GOVERNOR7
NEW SECTION. Sec. 52. A person may not sue the department, or 8
any employee of the department, for performing or omitting to perform 9
any duty, function, or power of the entity set forth under this 10
chapter or in any other law of this state requiring these entities to 11
perform a duty, function, or power related to psychedelic substance 12
products.13
NEW SECTION. Sec. 53. Subject to RCW 10.105.010 and 69.50.505 14
and chapter 34.05 RCW, any state officer, board, commission, 15
corporation, institution, department, or other state body, and any 16
local officer, board, commission, institution, department, or other 17
local government body, that is authorized by the laws of this state 18
to perform a duty, function, or power with respect to a psychedelic 19
substance, may purchase, possess, seize, or dispose of the 20
psychedelic substance as the state officer, board, commission, 21
corporation, institution, department, or other state body, or the 22
local officer, board, commission, institution, department, or other 23
local government body, considers necessary to ensure compliance with 24
and enforce the applicable law or any rule adopted under the 25
applicable law.26
NEW SECTION. Sec. 54. In case of invasion, disaster, 27
insurrection, or riot, or imminent danger of invasion, disaster, 28
insurrection, or riot, the governor may, for the duration of the 29
invasion, disaster, insurrection, or riot, or imminent danger, 30
immediately and without notice suspend, in the area involved, any 31
license or permit issued under this chapter.32
CLIENT BILL OF RIGHTS33
p. 30 SB 5201
NEW SECTION. Sec. 55. Clients receiving psychedelic substance 1
services in Washington must:2
(1) Be treated with dignity and respect while receiving 3
psychedelic substance services; 4
(2) Receive culturally competent care; 5
(3) Be free from physical, sexual, psychological, and financial 6
abuse before, during, and after receiving psychedelic substance 7
services; 8
(4) Be fully informed of, and helped to understand, the risks 9
associated with psychedelic substance services; 10
(5) Make decisions autonomously, free of coercion and undue 11
influence; 12
(6) Be provided privacy and confidentiality; 13
(7) Be allowed to decline to share information with third 14
parties, except as required by law; 15
(8) Be provided a full accounting and explanation of all 16
facilitator conflicts of interest and the costs associated with 17
receiving psychedelic substance services before receiving those 18
services; 19
(9) Have their belongings stored securely while receiving 20
psychedelic substance services; 21
(10) Be monitored and supported by a licensed facilitator for the 22
duration of psychedelic substance services until it is safe for the 23
client to be transported home, transferred to the care of a 24
responsible friend or family member, or released on their own 25
recognizance; 26
(11) Access services that are welcoming to people with 27
disabilities; 28
(12) Be able to discuss this section with licensed facilitators 29
and service center operators without facing discrimination or 30
retaliation; and 31
(13) Be able to report violations of this section to the 32
Washington department of health, or other appropriate governing body, 33
without facing discrimination or retaliation. 34
OTHER PROVISIONS35
NEW SECTION. Sec. 56. (1) A physician, physician assistant, 36
advanced practice registered nurse, psychologist, social worker, 37
mental health counselor, marriage and family therapist, or other 38
p. 31 SB 5201
health professional as defined under section 6 of this act, shall not 1
be subject to arrest, prosecution, or penalty in any manner, or 2
denied any right or privilege including, but not limited to, civil 3
penalty or disciplinary action by the department, the Washington 4
medical commission, or any other business or occupational or 5
professional licensing board or bureau, solely for advising or 6
counseling a person relating to use of a psychedelic substance, or 7
for stating that, in the person's professional opinion, a patient is 8
likely to receive therapeutic or palliative benefit from the use of a 9
psychedelic substance to alleviate the patient's medical or 10
behavioral health condition or associated symptoms. Nothing in this 11
section prevents a professional licensing board from sanctioning a 12
professional for failing to properly evaluate a patient's medical or 13
behavioral health condition or otherwise violating the standard of 14
care for evaluating medical or behavioral health conditions.15
(2) A client of a service center is not subject to arrest, 16
prosecution, or penalty in any manner, or denied any right or 17
privilege including, but not limited to, civil penalty or 18
disciplinary action by a business or occupational or professional 19
licensing board or bureau, or parental custody or privileges related 20
to parental custody, merely for the use of a psychedelic substance in 21
accordance with this chapter. 22
(3) A caregiver is not subject to arrest, prosecution, or penalty 23
in any manner, or denied any right or privilege including, but not 24
limited to, civil penalty or disciplinary action by a business or 25
occupational or professional licensing board or bureau, for assisting 26
a qualifying patient to whom the primary caregiver is connected with 27
the use of a psychedelic substance in accordance with this chapter.28
NEW SECTION. Sec. 57. An employer in the state of Washington 29
may not discriminate against an employee for receiving psychedelic 30
substance services as sanctioned under this chapter absent the 31
employee's visible impairment at work and may not test an employee 32
for the presence of a psychedelic substance unless they exhibit 33
clear, observable symptoms of impairment.34
LIQUOR AND CANNABIS BOARD PROVISIONS35
NEW SECTION. Sec. 58. This chapter may not be construed:36
p. 32 SB 5201
(1) To prohibit a recipient of a federal grant or an applicant 1
for a federal grant from prohibiting the manufacture, delivery, 2
possession, or use of psychedelic substances to the extent necessary 3
to satisfy federal requirements for the grant; 4
(2) To prohibit a party to a federal contract or a person 5
applying to be a party to a federal contract from prohibiting the 6
manufacture, delivery, possession, or use of psychedelic substances 7
to the extent necessary to comply with the terms and conditions of 8
the contract or to satisfy federal requirements for the contract; or9
(3) To obstruct the enforcement of a federal law.10
NEW SECTION. Sec. 59. The definitions in this section apply 11
throughout this chapter unless the context clearly requires 12
otherwise.13
(1) "Board" means the liquor and cannabis board.14
(2) "Department" means the department of health.15
(3) "Facilitator" means a person licensed by the department as a 16
facilitator, associate facilitator, clinical facilitator, or 17
associate clinical facilitator under chapter 18.--- RCW (the new 18
chapter created in section 110(1) of this act). 19
(4) "Laboratory" means an entity licensed under this chapter to 20
test psychedelic substances. 21
(5) "Manufacture" means the manufacture, planting, cultivation, 22
growing, harvesting, production, preparation, propagation, 23
compounding, conversion, or processing of a psychedelic substance, 24
either directly or indirectly, by extraction from substances of 25
natural origin, or independently by means of chemical synthesis, or 26
by a combination of extraction and chemical synthesis, and includes 27
any packaging or repackaging of the psychedelic substance or labeling 28
or relabeling of its container. 29
(6) "Manufacturer" means a person licensed in Washington to 30
manufacture a psychedelic substance. 31
(7) "Psilocybin" means psilocybin or psilocin, either naturally 32
occurring or produced using chemical synthesis, and includes products 33
containing psilocybin-producing fungi or which have been infused with 34
a detectable amount of psilocybin or psilocin. 35
(8) "Psychedelic substance" has the same meaning as in section 6 36
of this act. 37
(9) "Service center" has the same meaning as in section 6 of this 38
act. 39
p. 33 SB 5201
(10) "Service center operator" has the same meaning as in section 1
6 of this act. 2
(11) "Two-year program development period" means the period 3
beginning September 1, 2025, and ending September 1, 2027.4
TRANSPORTATION OF PSYCHEDELIC SUBSTANCES5
NEW SECTION. Sec. 60. (1) An employee of a service center, or 6
an employee of a manufacturer or laboratory, may transport and 7
deliver a psychedelic substance only to:8
(a) A service center; 9
(b) A laboratory or manufacturer; 10
(c) A health care facility licensed by the department and 11
registered with the department as a location where administration 12
sessions may be performed; 13
(d) An entity conducting an approved research study related to 14
psychedelic substances that has obtained a temporary location permit 15
from the department; or 16
(e) A facilitator, if the delivery of the psychedelic substance 17
is to a location directed by the facilitator and the facilitator is 18
present to receive the psychedelic substance at the time of delivery.19
(2) Rules adopted under this chapter must not prohibit a 20
facilitator from transporting a psychedelic substance to and from 21
administration session locations and locations where storage of 22
psychedelic substances are authorized under section 19 of this act.23
(3) Nothing in this section shall be construed to authorize the 24
possession, sale, or delivery of a psychedelic substance to a person 25
who is under 21 years of age. 26
(4) No locality may prohibit the transportation of a psychedelic 27
substance through its jurisdiction on public roads by an entity 28
licensed or registered under this chapter, or as otherwise allowed 29
under this chapter. 30
STORAGE OF PSYCHEDELIC SUBSTANCES31
NEW SECTION. Sec. 61. Psychedelic substances regulated by this 32
chapter may be stored at:33
(1) A service center, manufacturer, or laboratory;34
(2) As permitted in chapter 18.-- - RCW (the new chapter created 35
under section 110 (1) of this act), in a limited access location at a 36
p. 34 SB 5201
health care facility licensed by the department and registered with 1
the department as a location where an administration session may be 2
held; or 3
(3) As permitted under chapter 18.--- RCW (the new chapter 4
created in section 110(1) of this act), by a facilitator.5
POWERS OF THE LIQUOR AND CANNABIS BOARD6
NEW SECTION. Sec. 62. (1) A regulated psychedelic substances 7
program is established in the board.8
(2) Subject to subsection (4) of this section, the board may 9
adopt rules necessary to implement this chapter. The rules shall 10
include, but not be limited to: 11
(a) Establishing procedures for tracking psychedelic substances 12
from the point of manufacture to the point of sale to a client of a 13
facilitator, clinical facilitator, or service center, that includes 14
any intermediate sale or purchases between licensees, transfers, and 15
other activities permitted by this chapter, to prevent diversion of 16
psychedelic substances to other states or unauthorized users, protect 17
products from tampering or substitution, and ensure compliance with 18
other rules adopted under this chapter; and 19
(b) Establishing labeling requirements for psychedelic substances 20
that require labels that are nondeceptive, would not be visually 21
appealing to children, and clearly and accurately indicate the 22
contents of any container for a psychedelic substance.23
(3) The rules may not: 24
(a) Require that a psychedelic substance product be manufactured 25
by means of chemical synthesis; 26
(b) Prohibit the use of naturally grown mushrooms that meet 27
quality and safety standards; or 28
(c) Mandate the use of patented products or procedures.29
(4) In adopting rules under this chapter, the board must consult 30
with: 31
(a) The department as provided in section 3 of this act; and32
(b) The department of agriculture on rules relating to the 33
manufacture and testing of psychedelic substances.34
NEW SECTION. Sec. 63. The jurisdiction, supervision, duties, 35
functions, and powers held by the board under this section are not 36
p. 35 SB 5201
shared by the pharmacy quality assurance commission under chapter 1
18.64 RCW. 2
TWO-YEAR PROGRAM DEVELOPMENT PERIOD3
NEW SECTION. Sec. 64. By October 31, 2027, the board must adopt 4
rules and establish forms necessary for the implementation of this 5
chapter.6
APPLICATION PROCESS AND LICENSES7
NEW SECTION. Sec. 65. Beginning November 1, 2027, the board 8
must begin accepting applications for the licensing of persons to:9
(1) Manufacture psychedelic substances; and 10
(2) Test psychedelic substances. 11
NEW SECTION. Sec. 66. (1) The board may establish procedures 12
for licensure and renewal of licenses under this chapter.13
(2) The board must approve or deny an application to be licensed 14
under this chapter without unreasonable delay. 15
NEW SECTION. Sec. 67. (1) The board may not license an 16
applicant under this chapter if the applicant is under 21 years of 17
age, nor may a licensee employ any person under 21 years of age at a 18
premises for which a license has been issued under this chapter.19
(2) The board may refuse to issue a license, or may issue a 20
restricted license, to an applicant under this chapter if the board 21
finds that the applicant: 22
(a) Has made false statements to the board; 23
(b) Demonstrates a lack of capacity or incompetency to carry on 24
the management of the establishment proposed to be licensed;25
(c) Has been convicted of violating a federal law, state law, or 26
local ordinance if the conviction is substantially related to the 27
fitness and ability of the applicant to lawfully carry out activities 28
under the license; 29
(d) Is not of good repute and moral character;30
(e) Does not have a good record of compliance with this chapter 31
or any rule adopted under this chapter; 32
p. 36 SB 5201
(f) Is not the legitimate owner of the premises proposed to be 1
licensed, or has not disclosed that other persons have ownership 2
interests in the premises proposed to be licensed; or3
(g) Is unable to understand the laws or the rules relating to 4
psychedelic substances. 5
(3) In determining whether to issue a license or a restricted 6
license to an applicant, the board may not consider the prior 7
conviction of the applicant or any owner, director, officer, manager, 8
employee, agent, or other representative of the applicant for:9
(a) The manufacture of a psychedelic substance or the manufacture 10
of a cannabis item; or 11
(b) The possession of a controlled substance. 12
NEW SECTION. Sec. 68. A license issued under this chapter:13
(1) Is renewable, except for a cause that would be grounds for 14
refusal to issue the license; 15
(2) Is revocable or suspendable; 16
(3) Is transferable from the premises for which the license was 17
originally issued to another premises subject to the provisions of 18
this chapter, applicable rules adopted under this chapter, and 19
applicable local ordinances; 20
(4) Does not constitute property; 21
(5) Is not alienable; 22
(6) Is not subject to attachment or execution;23
(7) Does not descend by the laws of testate or intestate 24
devolution; and 25
(8) Does not grant the right to operate in conflict with local 26
zoning ordinances and development regulations. 27
LICENSEES IN GENERAL28
29
NEW SECTION. Sec. 69. Licensees and licensee representatives 30
may manufacture, deliver, and possess psychedelic substances subject 31
to this chapter. The manufacture, delivery, or possession of 32
psychedelic substances by a licensee or a licensee representative in 33
compliance with this chapter does not constitute a criminal or civil 34
offense under the laws of this state.35
NEW SECTION. Sec. 70. (1) A person may hold multiple licenses.36
p. 37 SB 5201
(2) A person may hold both a manufacturer license and a service 1
center operator license at the same or different premises.2
LICENSE TO MANUFACTURE PSYCHEDELIC SUBSTANCES3
NEW SECTION. Sec. 71. (1) The manufacture of psychedelic 4
substances is subject to regulation by the board.5
(2) A manufacturer must have a manufacturer license issued by the 6
board for the premises at which the psychedelic substances are 7
manufactured. 8
(3) If the applicant is not the owner of the premises at which 9
the psychedelic substance is to be manufactured, the applicant must 10
submit to the board signed informed consent from the owner of the 11
premises to manufacture psychedelic substances at the premises.12
(4) The board shall adopt rules that require psychedelic 13
substances manufactured to be tested in accordance with section 91 of 14
this act. 15
(5) Licensure fees may not exceed, together with other fees 16
collected under this chapter, the cost of administering this chapter, 17
and must be deposited in the psychedelic substance manufacture and 18
testing control and regulation account under section 79 of this act.19
POWERS AND DUTIES OF THE BOARD WITH RESPECT TO LICENSEES20
NEW SECTION. Sec. 72. The board serves as the disciplinary 21
authority for this chapter.22
NEW SECTION. Sec. 73. (1) The board may, after 72 hours' 23
notice, make an examination of the books of a licensee to determine 24
compliance with rules adopted under this chapter.25
(2) The board may at any time make an examination of a premises 26
for which a license has been issued under this chapter for the 27
purpose of determining compliance with rules adopted under this 28
chapter. 29
(3) The board may not require the books of a licensee to be 30
maintained on a premises of the licensee. 31
NEW SECTION. Sec. 74. The board may require a licensee to 32
maintain general liability insurance in an amount that the board 33
determines is both reasonably affordable and available to protect the 34
p. 38 SB 5201
licensee against damages resulting from a cause of action related to 1
activities undertaken under the license held by the licensee.2
NEW SECTION. Sec. 75. The board may immediately restrict, 3
suspend, or refuse to renew a license issued under this chapter if it 4
has probable cause to conclude that a licensee has purchased or 5
received a psychedelic substance from an unlicensed source or that a 6
licensee has sold, stored, or transferred a psychedelic substance in 7
a manner that is not permitted by the licensee's license.8
NEW SECTION. Sec. 76. (1) The board may require a licensee or 9
applicant for a license under this chapter to submit, in a form and 10
manner prescribed by the department, to the department a sworn 11
statement showing:12
(a) The name and address of each person that has a financial 13
interest in the business operating or to be operated under the 14
license; and 15
(b) The nature and extent of the financial interest of each 16
person that has a financial interest in the business operating or to 17
be operated under the license. 18
(2) The board may refuse to issue, or may suspend, revoke, or 19
refuse to renew, a license issued under this chapter if the board 20
determines that a person that has a financial interest in the 21
business operating or to be operated under the license committed or 22
failed to commit an act that would constitute grounds for the 23
department to refuse to issue, or to suspend, revoke, or refuse to 24
renew, the license if the person were the licensee or applicant for 25
the license. 26
NEW SECTION. Sec. 77. The board may provide for the manner and 27
conditions under which:28
(1) Psychedelic substances left by a deceased, insolvent, or 29
bankrupt person or licensee, or subject to a security interest, may 30
be foreclosed, sold under execution, or otherwise disposed;31
(2) The business of a deceased, insolvent, or bankrupt licensee 32
may be operated for a reasonable period following the death, 33
insolvency, or bankruptcy; or 34
(3) A secured party may continue to operate at a premises for 35
which a license has been issued under this chapter for a reasonable 36
period after default on the indebtedness by the debtor.37
p. 39 SB 5201
EMPLOYEES AND OTHER WORKERS1
NEW SECTION. Sec. 78. (1) An individual who performs work for 2
or on behalf of a licensee must have a valid permit issued by the 3
board if the individual participates in:4
(a) The possession, manufacturing, securing, or selling of 5
psychedelic substances; or 6
(b) The recording of the possession, manufacturing, securing, or 7
selling of psychedelic substances. 8
(2) A licensee must verify that an individual has a valid permit 9
before allowing the individual to perform any work described in 10
subsection (1) of this section. 11
(3) The board shall issue permits to qualified applicants to 12
perform work described in subsection (1) of this section.13
(4) A permit issued under this section is a personal privilege 14
and permits work described under subsection (1) of this section only 15
for the individual who holds the permit. 16
PSYCHEDELIC SUBSTANCE MANUFACTURE AND TESTING CONTROL AND REGULATION 17
ACCOUNT18
NEW SECTION. Sec. 79. The psychedelic substance manufacture and 19
testing control and regulation account is created in the custody of 20
the state treasurer. All receipts from fees collected and civil 21
penalties issued under this chapter must be deposited into the 22
account. Expenditures may be used only for the purpose of 23
administration and enforcement of this chapter. Only the secretary of 24
the department or the secretary's designee may authorize expenditures 25
from the account. The account is subject to allotment procedures 26
under chapter 43.88 RCW, but an appropriation is not required for 27
expenditures.28
CIVIL ENFORCEMENT29
NEW SECTION. Sec. 80. For purposes of this chapter, subpoenas 30
issued by the board and its authorized agents must comply with RCW 31
43.70.090.32
NEW SECTION. Sec. 81. In addition to any other liability or 33
penalty provided by law, the board may impose for each violation of a 34
p. 40 SB 5201
provision of this chapter or a rule adopted under this chapter a 1
civil penalty up to $5,000 for each violation. The board must impose 2
civil penalties under this section in the manner provided by RCW 3
43.70.095. Money collected under this section must be deposited in 4
the psychedelic substance manufacture and testing control and 5
regulation account. 6
CRIMINAL ENFORCEMENT7
NEW SECTION. Sec. 82. Law enforcement officers of this state 8
may enforce this chapter and assist the department in detecting 9
violations of this chapter and apprehending offenders. A law 10
enforcement officer who has notice, knowledge, or reasonable ground 11
of suspicion of a violation of this chapter must immediately notify 12
the prosecuting attorney who has jurisdiction over the violation and 13
furnish the prosecuting attorney with names and addresses of any 14
witnesses to the violation or other information related to the 15
violation.16
NEW SECTION. Sec. 83. The county courts, prosecuting attorneys, 17
and municipal authorities, immediately upon the conviction of a 18
licensee of a violation of this chapter, or of a violation of any 19
other law of this state or of a city or county located in this state 20
an element of which is the possession, delivery, or manufacture of a 21
psychedelic substance, must notify the department of the conviction.22
NEW SECTION. Sec. 84. Subject to chapter 7.80 RCW, a violation 23
of a rule adopted under this chapter is a class 2 civil infraction.24
POWERS AND DUTIES OF STATE AGENCIES AND OFFICERS AND THE GOVERNOR25
NEW SECTION. Sec. 85. The department of agriculture must assist 26
and cooperate with the department to the extent necessary for the 27
department to carry out the duties under this chapter.28
NEW SECTION. Sec. 86. The department of agriculture may 29
possess, test, and dispose of psychedelic substance products.30
NEW SECTION. Sec. 87. A person may not sue the board, a member 31
of the board, the department of agriculture, or any employee of these 32
p. 41 SB 5201
entities for performing or omitting to perform any duty, function, or 1
power of the entity set forth under this chapter or in any other law 2
of this state requiring these entities to perform a duty, function, 3
or power related to psychedelic substance products.4
NEW SECTION. Sec. 88. Subject to RCW 10.105.010 and 69.50.505 5
and chapter 34.05 RCW, any state officer, board, commission, 6
corporation, institution, department, or other state body, and any 7
local officer, board, commission, institution, department, or other 8
local government body, that is authorized by the laws of this state 9
to perform a duty, function, or power with respect to a psychedelic 10
substance, may purchase, possess, seize, or dispose of the 11
psychedelic substance as the state officer, board, commission, 12
corporation, institution, department, or other state body, or the 13
local officer, board, commission, institution, department, or other 14
local government body, considers necessary to ensure compliance with 15
and enforce the applicable law or any rule adopted under the 16
applicable law.17
NEW SECTION. Sec. 89. In case of invasion, disaster, 18
insurrection, or riot, or imminent danger of invasion, disaster, 19
insurrection, or riot, the governor may, for the duration of the 20
invasion, disaster, insurrection, or riot, or imminent danger, 21
immediately and without notice suspend, in the area involved, any 22
license or permit issued under this chapter.23
OTHER PROVISIONS24
NEW SECTION. Sec. 90. (1) The department of agriculture may not 25
exercise authority over psychedelic substances or a licensee, except 26
as provided by the department in rule.27
(2) In exercising its authority under chapter 15.130 RCW, the 28
department of agriculture may not: 29
(a) Establish standards for psychedelic substances as a food 30
additive, as defined under RCW 15.130.110; 31
(b) Consider psychedelic substances to be an adulterant, unless 32
the concentration of a psychedelic substance exceeds acceptable 33
levels established by the department by rule; or 34
(c) Apply or enforce RCW 15.130.200 through 15.130.230 to 35
psychedelic substances. 36
p. 42 SB 5201
TESTING OF PSYCHEDELIC SUBSTANCES1
NEW SECTION. Sec. 91. (1) As is necessary to protect the public 2
health and safety, and in consultation with the department of 3
agriculture, the board must adopt rules:4
(a) Establishing standards for testing psychedelic substances;5
(b) Identifying appropriate tests for psychedelic substances, 6
depending on the type of psychedelic substance and the manner in 7
which the psychedelic substance was manufactured, that are necessary 8
to protect the public health and safety, which may include, but not 9
be limited to, tests for: 10
(i) Microbiological contaminants; 11
(ii) Pesticides; 12
(iii) Other contaminants; 13
(iv) Solvents or residual solvents; and 14
(v) Psychedelic substance concentration; 15
(c) Establishing procedures for determining batch sizes and for 16
sampling psychedelic substances; and 17
(d) Establishing different minimum standards for different 18
varieties of psychedelic substances. 19
(2) In addition to the testing requirements established under 20
subsection (1) of this section, the board may require psychedelic 21
substances to be tested in accordance with any applicable law of this 22
state, or any applicable rule adopted under a law of this state, 23
related to the production and processing of food products or 24
commodities. 25
(3) In adopting rules under this chapter, the board may require a 26
manufacturer that holds a license under this chapter to test 27
psychedelic substances before selling or transferring the psychedelic 28
substances. 29
(4) The board may conduct random testing of psychedelic 30
substances for the purpose of determining whether a licensee subject 31
to testing under subsection (3) of this section is in compliance with 32
this section. 33
(5) In adopting rules to implement this section, the board may 34
not require a psychedelic substance to undergo the same test more 35
than once unless the psychedelic substance is processed into a 36
different type of psychedelic substance or the condition of the 37
psychedelic substance has fundamentally changed. 38
p. 43 SB 5201
(6) The testing of psychedelic substances as required by this 1
section must be conducted by a laboratory licensed by the board under 2
this chapter and accredited by the department under this chapter.3
(7) In adopting rules under subsection (1) of this section, the 4
board: 5
(a) Must consider the cost of a potential testing procedure and 6
how that cost will affect the cost to the ultimate client; and7
(b) May not adopt rules that are more restrictive than is 8
reasonably necessary to protect the public health and safety.9
NEW SECTION. Sec. 92. (1) A laboratory that conducts testing of 10
psychedelic substances must be licensed by the board to operate at 11
the premises at which the psychedelic substances are tested.12
(2) For purposes of this section, the board must adopt rules 13
establishing: 14
(a) Qualifications to be licensed under this section, including 15
that an applicant for licensure under this section must be accredited 16
by the department; 17
(b) Processes for applying for and renewing a license under this 18
section; 19
(c) Fees for applying for, receiving, and renewing a license 20
under this section; and 21
(d) Procedures for: 22
(i) Tracking psychedelic substances to be tested;23
(ii) Documenting and reporting test results; and24
(iii) Disposing of samples of psychedelic substances that have 25
been tested. 26
(3) A license issued under this section must be renewed annually.27
(4) The board may inspect a premises licensed under this section 28
to ensure compliance with this chapter and rules adopted by the 29
board. 30
(5) Fees adopted under this section must be reasonably calculated 31
to pay the expenses incurred by the board under this chapter.32
(6) Fees collected under this section must be deposited in the 33
psychedelic substance manufacture and testing control and regulation 34
account. 35
NEW SECTION. Sec. 93. (1) In addition to any other liability or 36
penalty provided by law, the board may impose upon a laboratory 37
licensed under this chapter that violates the law or a rule 38
p. 44 SB 5201
established under this chapter a civil penalty that does not exceed 1
$500 for each day that the violation occurs. 2
(2) The board shall impose civil penalties under this section in 3
the manner provided by RCW 43.70.095. 4
(3) Money collected under this section must be deposited in the 5
psychedelic substance manufacture and testing control and regulation 6
account. 7
PACKAGING, LABELING, AND DOSAGE OF PSYCHEDELIC SUBSTANCE PRODUCTS8
NEW SECTION. Sec. 94. (1) As is necessary to protect the public 9
health and safety, and in consultation with the department of 10
agriculture and department, the board must adopt rules establishing 11
standards for the labeling of psychedelic substances including, but 12
not limited to:13
(a) Ensuring that psychedelic substances have labeling that 14
communicates: 15
(i) Health and safety warnings; 16
(ii) If applicable, activation time; 17
(iii) Potency; 18
(iv) If applicable, serving size and the number of servings 19
included in a psychedelic substance product; and 20
(v) Content of the psychedelic substance product; and21
(b) Labeling that is in accordance with applicable state food 22
labeling requirements for the same type of food product or potable 23
liquid when the food product or potable liquid does not contain a 24
psychedelic substance. 25
(2) The board must require all psychedelic substances provided 26
for sale or transferred to a service center to be labeled in 27
accordance with subsection (1) of this section and rules adopted 28
under subsection (1) of this section. 29
(3) In adopting rules under subsection (1) of this section, the 30
board: 31
(a) May establish different labeling standards for different 32
varieties and types of psychedelic substances; 33
(b) Shall consider the cost of a potential requirement and how 34
that cost will affect the cost to the ultimate client; and35
(c) May not adopt rules that are more restrictive than is 36
reasonably necessary to protect the public health and safety.37
p. 45 SB 5201
(4) In adopting rules under this section, the board must allow 1
for a facilitator to consult with the facilitator's client to work 2
out a dosage that is appropriate for the client. The board may not 3
impose a maximum dosage of psilocybin that is less than 50 milligrams 4
or the equivalent in grams of dried mushroom. 5
NEW SECTION. Sec. 95. (1) The board may by rule require a 6
licensee to submit a label or packaging intended for use on a 7
psychedelic substance product for preapproval by the board before the 8
licensee may sell or transfer a psychedelic substance bearing the 9
label or packaging.10
(2) The board may impose a fee for submitting a label or 11
packaging for preapproval under this section that is reasonably 12
calculated to not exceed the cost of administering this section.13
NEW SECTION. Sec. 96. (1) As is necessary to protect the public 14
health and safety, and in consultation with the department of 15
agriculture and the department, the board must adopt rules 16
establishing standards for the packaging of psychedelic substances 17
including, but not limited to, ensuring that psychedelic substances 18
are not marketed in a manner that:19
(a) Is untruthful or misleading; or 20
(b) Otherwise creates a significant risk of harm to public health 21
and safety. 22
(2) In adopting rules under this chapter, the board must require 23
all psychedelic substances sold by or transferred by a service center 24
to be packaged in accordance with subsection (1) of this section and 25
rules adopted under subsection (1) of this section.26
(3) In adopting rules under subsection (1) of this section, the 27
board: 28
(a) May establish different packaging standards for different 29
varieties and types of psychedelic substances; 30
(b) May consider the effect on the environment of requiring 31
certain packaging; 32
(c) Must consider the cost of a potential requirement and how 33
that cost will affect the cost to the ultimate client; and34
(d) May not adopt rules that are more restrictive than is 35
reasonably necessary to protect the public health and safety.36
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NEW SECTION. Sec. 97. (1) The board must adopt rules 1
establishing:2
(a) The maximum concentration of a psychedelic substance that is 3
permitted in a single serving of a psychedelic substance product; and4
(b) The number of servings that are permitted in a psychedelic 5
substance package. 6
(2) In adopting rules under this chapter, the board must require 7
all psychedelic substances sold or transferred by a licensee under 8
this chapter to meet the concentration standards and packaging 9
standards adopted by rule under this section. 10
NEW SECTION. Sec. 98. A new section is added to chapter 42.56 11
RCW to read as follows: 12
(1) Subject to subsection (2) of this section, information is 13
exempt from public disclosure under this chapter if the information 14
is: 15
(a) Personally identifiable information; 16
(b) The address of a premises for which a license has been issued 17
or for which an applicant has proposed licensure under this chapter;18
(c) Related to the security plan or the operational plan for a 19
premises for which a license has been issued or for which an 20
applicant has proposed licensure under this chapter; or21
(d) Related to any record that the department determines contains 22
proprietary information of a licensee. 23
(2) The exemption from public disclosure as provided by this 24
section does not apply to: 25
(a) The name of an individual listed on an application, if the 26
individual is a direct owner of the business operating or to be 27
operated under the license; or 28
(b) A request for information if the request is made by a law 29
enforcement agency. 30
(3) For purposes of subsection (2)(a) of this section, an 31
individual is not a direct owner of the business operating or to be 32
operated under the license if: 33
(a) The direct owner of the business operating or to be operated 34
under the license is a legal entity; and 35
(b) The individual is merely a general partner, limited partner, 36
member, shareholder, or other direct or indirect owner of the legal 37
entity. 38
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Sec. 99. RCW 7.48.310 and 2009 c 200 s 3 are each amended to 1
read as follows: 2
For the purposes of RCW 7.48.305 only: 3
(1) "Agricultural activity" means a condition or activity which 4
occurs on a farm in connection with the commercial production of farm 5
products and includes, but is not limited to, marketed produce at 6
roadside stands or farm markets; noise; odors; dust; fumes; operation 7
of machinery and irrigation pumps; movement, including, but not 8
limited to, use of current county road ditches, streams, rivers, 9
canals, and drains, and use of water for agricultural activities; 10
ground and aerial application of seed, fertilizers, conditioners, and 11
plant protection products; keeping of bees for production of 12
agricultural or apicultural products; the manufacture of a 13
psychedelic substance as defined under section 6 of this act; 14
employment and use of labor; roadway movement of equipment and 15
livestock; protection from damage by wildlife; prevention of 16
trespass; construction and maintenance of buildings, fences, roads, 17
bridges, ponds, drains, waterways, and similar features and 18
maintenance of stream banks and watercourses; and conversion from one 19
agricultural activity to another, including a change in the type of 20
plant-related farm product being produced. The term includes use of 21
new practices and equipment consistent with technological development 22
within the agricultural industry. 23
(2) "Farm" means the land, buildings, freshwater ponds, 24
freshwater culturing and growing facilities, and machinery used in 25
the commercial production of farm products. 26
(3) "Farmland" means land or freshwater ponds devoted primarily 27
to the production, for commercial purposes, of livestock, freshwater 28
aquacultural, or other farm products. "Farmland" includes the 29
premises in which a psychedelic substance as defined under section 6 30
of this act is manufactured.31
(4) "Farm product" means those plants and animals useful to 32
humans and includes, but is not limited to, forages and sod crops, 33
dairy and dairy products, poultry and poultry products, livestock, 34
including breeding, grazing, and recreational equine use, fruits, 35
vegetables, flowers, seeds, grasses, trees, freshwater fish and fish 36
products, apiaries and apiary products, psychedelic substances as 37
defined under section 6 of this act, equine and other similar 38
products, or any other product which incorporates the use of food, 39
feed, fiber, or fur. 40
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(5) "Forest practice" means any activity conducted on or directly 1
pertaining to forestland, as that term is defined in RCW 76.09.020, 2
and relating to growing, harvesting, or processing timber. The term 3
"forest practices" includes, but is not limited to, road and trail 4
construction, final and intermediate harvesting, precommercial 5
thinning, reforestation, fertilization, prevention and suppression of 6
diseases and insects, salvage of trees, brush control, and owning 7
land where trees may passively grow until one of the preceding 8
activities is deemed timely by the owner. 9
NEW SECTION. Sec. 100. A new section is added to chapter 15.130 10
RCW to read as follows: 11
(1) In exercising its authority under this chapter, the 12
department may not: 13
(a) Establish standards for psychedelic substances as a food 14
additive; 15
(b) Consider psychedelic substances to be an adulterant, unless 16
the concentration of a psychedelic substance exceeds acceptable 17
levels established by the department of health by rule; or18
(c) Apply or enforce RCW 15.130.200 through 15.130.230 to 19
psychedelic substances. 20
(2) For the purpose of this section, "psychedelic substance" has 21
the same meaning as defined under section 6 of this act.22
Sec. 101. RCW 69.50.101 and 2024 c 62 s 17 are each amended to 23
read as follows: 24
The definitions in this section apply throughout this chapter 25
unless the context clearly requires otherwise. 26
(1) "Administer" means to apply a controlled substance, whether 27
by injection, inhalation, ingestion, or any other means, directly to 28
the body of a patient or research subject by: 29
(a) a practitioner authorized to prescribe (or, by the 30
practitioner's authorized agent); or 31
(b) the patient or research subject at the direction and in the 32
presence of the practitioner. 33
(2) "Agent" means an authorized person who acts on behalf of or 34
at the direction of a manufacturer, distributor, or dispenser. It 35
does not include a common or contract carrier, public 36
warehouseperson, or employee of the carrier or warehouseperson.37
(3) "Board" means the Washington state liquor and cannabis board.38
p. 49 SB 5201
(4) "Cannabis" means all parts of the plant Cannabis, whether 1
growing or not, with a THC concentration greater than 0.3 percent on 2
a dry weight basis during the growing cycle through harvest and 3
usable cannabis. "Cannabis" does not include hemp or industrial hemp 4
as defined in RCW 15.140.020, or seeds used for licensed hemp 5
production under chapter 15.140 RCW. 6
(5) "Cannabis concentrates" means products consisting wholly or 7
in part of the resin extracted from any part of the plant Cannabis 8
and having a THC concentration greater than ten percent.9
(6) "Cannabis processor" means a person licensed by the board to 10
process cannabis into cannabis concentrates, useable cannabis, and 11
cannabis-infused products, package and label cannabis concentrates, 12
useable cannabis, and cannabis-infused products for sale in retail 13
outlets, and sell cannabis concentrates, useable cannabis, and 14
cannabis-infused products at wholesale to cannabis retailers.15
(7) "Cannabis producer" means a person licensed by the board to 16
produce and sell cannabis at wholesale to cannabis processors and 17
other cannabis producers. 18
(8)(a) "Cannabis products" means useable cannabis, cannabis 19
concentrates, and cannabis-infused products as defined in this 20
section, including any product intended to be consumed or absorbed 21
inside the body by any means including inhalation, ingestion, or 22
insertion, with any detectable amount of THC. 23
(b) "Cannabis products" also means any product containing only 24
THC content. 25
(c) "Cannabis products" does not include cannabis health and 26
beauty aids as defined in RCW 69.50.575 or products approved by the 27
United States food and drug administration. 28
(9) "Cannabis researcher" means a person licensed by the board to 29
produce, process, and possess cannabis for the purposes of conducting 30
research on cannabis and cannabis-derived drug products.31
(10) "Cannabis retailer" means a person licensed by the board to 32
sell cannabis concentrates, useable cannabis, and cannabis-infused 33
products in a retail outlet. 34
(11) "Cannabis-infused products" means products that contain 35
cannabis or cannabis extracts, are intended for human use, are 36
derived from cannabis as defined in subsection (4) of this section, 37
and have a THC concentration no greater than ten percent. The term 38
"cannabis-infused products" does not include either useable cannabis 39
or cannabis concentrates. 40
p. 50 SB 5201
(12) "CBD concentration" has the meaning provided in RCW 1
69.51A.010. 2
(13) "CBD product" means any product containing or consisting of 3
cannabidiol. 4
(14) "Commission" means the pharmacy quality assurance 5
commission. 6
(15) "Controlled substance" means a drug, substance, or immediate 7
precursor included in Schedules I through V as set forth in federal 8
or state laws, or federal or commission rules, but does not include 9
((hemp)):10
(a) Hemp or industrial hemp as defined in RCW 15.140.020; or11
(b) A psychedelic substance as defined under section 6 of this 12
act, but only if, and to the extent that, a person manufactures, 13
delivers, or possesses the psychedelic substance in accordance with 14
the provisions of chapter 18.--- or 66.--- RCW (the new chapters 15
created in section 110 of this act) and rules adopted under those 16
chapters. 17
(16)(a) "Controlled substance analog" means a substance the 18
chemical structure of which is substantially similar to the chemical 19
structure of a controlled substance in Schedule I or II and:20
(i) that has a stimulant, depressant, or hallucinogenic effect on 21
the central nervous system substantially similar to the stimulant, 22
depressant, or hallucinogenic effect on the central nervous system of 23
a controlled substance included in Schedule I or II; or24
(ii) with respect to a particular individual, that the individual 25
represents or intends to have a stimulant, depressant, or 26
hallucinogenic effect on the central nervous system substantially 27
similar to the stimulant, depressant, or hallucinogenic effect on the 28
central nervous system of a controlled substance included in Schedule 29
I or II. 30
(b) The term does not include: 31
(i) a controlled substance; 32
(ii) a substance for which there is an approved new drug 33
application; 34
(iii) a substance with respect to which an exemption is in effect 35
for investigational use by a particular person under Section 505 of 36
the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or 37
chapter 69.77 RCW to the extent conduct with respect to the substance 38
is pursuant to the exemption; or 39
p. 51 SB 5201
(iv) any substance to the extent not intended for human 1
consumption before an exemption takes effect with respect to the 2
substance. 3
(17) "Deliver" or "delivery" means the actual or constructive 4
transfer from one person to another of a substance, whether or not 5
there is an agency relationship. 6
(18) "Department" means the department of health.7
(19) "Designated provider" has the meaning provided in RCW 8
69.51A.010. 9
(20) "Dispense" means the interpretation of a prescription or 10
order for a controlled substance and, pursuant to that prescription 11
or order, the proper selection, measuring, compounding, labeling, or 12
packaging necessary to prepare that prescription or order for 13
delivery. 14
(21) "Dispenser" means a practitioner who dispenses.15
(22) "Distribute" means to deliver other than by administering or 16
dispensing a controlled substance. 17
(23) "Distributor" means a person who distributes.18
(24) "Drug" means (a) a controlled substance recognized as a drug 19
in the official United States pharmacopoeia/national formulary or the 20
official homeopathic pharmacopoeia of the United States, or any 21
supplement to them; (b) controlled substances intended for use in the 22
diagnosis, cure, mitigation, treatment, or prevention of disease in 23
individuals or animals; (c) controlled substances (other than food) 24
intended to affect the structure or any function of the body of 25
individuals or animals; and (d) controlled substances intended for 26
use as a component of any article specified in (a), (b), or (c) of 27
this subsection. The term does not include devices or their 28
components, parts, or accessories. 29
(25) "Drug enforcement administration" means the drug enforcement 30
administration in the United States Department of Justice, or its 31
successor agency. 32
(26) "Electronic communication of prescription information" means 33
the transmission of a prescription or refill authorization for a drug 34
of a practitioner using computer systems. The term does not include a 35
prescription or refill authorization verbally transmitted by 36
telephone nor a facsimile manually signed by the practitioner.37
(27) "Immature plant or clone" means a plant or clone that has no 38
flowers, is less than twelve inches in height, and is less than 39
twelve inches in diameter. 40
p. 52 SB 5201
(28) "Immediate precursor" means a substance: 1
(a) that the commission has found to be and by rule designates as 2
being the principal compound commonly used, or produced primarily for 3
use, in the manufacture of a controlled substance; 4
(b) that is an immediate chemical intermediary used or likely to 5
be used in the manufacture of a controlled substance; and6
(c) the control of which is necessary to prevent, curtail, or 7
limit the manufacture of the controlled substance. 8
(29) "Isomer" means an optical isomer, but in subsection (33)(e) 9
of this section, RCW 69.50.204(1) (l) and (hh), and 69.50.206(2)(d), 10
the term includes any geometrical isomer; in RCW 69.50.204(1) (h) and 11
(pp)((,)) and 69.50.210(3)(([,])), the term includes any positional 12
isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1)13
(([,])), the term includes any positional or geometric isomer.14
(30) "Lot" means a definite quantity of cannabis, cannabis 15
concentrates, useable cannabis, or cannabis-infused product 16
identified by a lot number, every portion or package of which is 17
uniform within recognized tolerances for the factors that appear in 18
the labeling. 19
(31) "Lot number" must identify the licensee by business or trade 20
name and Washington state unified business identifier number, and the 21
date of harvest or processing for each lot of cannabis, cannabis 22
concentrates, useable cannabis, or cannabis-infused product.23
(32) "Manufacture" means the production, preparation, 24
propagation, compounding, conversion, or processing of a controlled 25
substance, either directly or indirectly or by extraction from 26
substances of natural origin, or independently by means of chemical 27
synthesis, or by a combination of extraction and chemical synthesis, 28
and includes any packaging or repackaging of the substance or 29
labeling or relabeling of its container. The term does not include 30
the preparation, compounding, packaging, repackaging, labeling, or 31
relabeling of a controlled substance: 32
(a) by a practitioner as an incident to the practitioner's 33
administering or dispensing of a controlled substance in the course 34
of the practitioner's professional practice; or 35
(b) by a practitioner, or by the practitioner's authorized agent 36
under the practitioner's supervision, for the purpose of, or as an 37
incident to, research, teaching, or chemical analysis and not for 38
sale. 39
p. 53 SB 5201
(33) "Narcotic drug" means any of the following, whether produced 1
directly or indirectly by extraction from substances of vegetable 2
origin, or independently by means of chemical synthesis, or by a 3
combination of extraction and chemical synthesis: 4
(a) Opium, opium derivative, and any derivative of opium or opium 5
derivative, including their salts, isomers, and salts of isomers, 6
whenever the existence of the salts, isomers, and salts of isomers is 7
possible within the specific chemical designation. The term does not 8
include the isoquinoline alkaloids of opium. 9
(b) Synthetic opiate and any derivative of synthetic opiate, 10
including their isomers, esters, ethers, salts, and salts of isomers, 11
esters, and ethers, whenever the existence of the isomers, esters, 12
ethers, and salts is possible within the specific chemical 13
designation. 14
(c) Poppy straw and concentrate of poppy straw.15
(d) Coca leaves, except coca leaves and extracts of coca leaves 16
from which cocaine, ecgonine, and derivatives or ecgonine or their 17
salts have been removed. 18
(e) Cocaine, or any salt, isomer, or salt of isomer thereof.19
(f) Cocaine base. 20
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer 21
thereof. 22
(h) Any compound, mixture, or preparation containing any quantity 23
of any substance referred to in (a) through (g) of this subsection.24
(34) "Opiate" means any substance having an addiction-forming or 25
addiction-sustaining liability similar to morphine or being capable 26
of conversion into a drug having addiction-forming or addiction-27
sustaining liability. The term includes opium, substances derived 28
from opium (opium derivatives), and synthetic opiates. The term does 29
not include, unless specifically designated as controlled under RCW 30
69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan 31
and its salts (dextromethorphan). The term includes the racemic and 32
levorotatory forms of dextromethorphan. 33
(35) "Opium poppy" means the plant of the species Papaver 34
somniferum L., except its seeds. 35
(36) "Package" means a container that has a single unit or group 36
of units. 37
(37) "Person" means individual, corporation, business trust, 38
estate, trust, partnership, association, joint venture, government, 39
p. 54 SB 5201
governmental subdivision or agency, or any other legal or commercial 1
entity. 2
(38) "Plant" has the meaning provided in RCW 69.51A.010.3
(39) "Poppy straw" means all parts, except the seeds, of the 4
opium poppy, after mowing. 5
(40) "Practitioner" means: 6
(a) A physician under chapter 18.71 RCW; a physician assistant 7
under chapter 18.71A RCW; an osteopathic physician and surgeon under 8
chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW 9
who is certified by the optometry board under RCW 18.53.010 subject 10
to any limitations in RCW 18.53.010; a dentist under chapter 18.32 11
RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a 12
veterinarian under chapter 18.92 RCW; a registered nurse, advanced 13
practice registered nurse ((practitioner)), or licensed practical 14
nurse under chapter 18.79 RCW; a naturopathic physician under chapter 15
18.36A RCW who is licensed under RCW 18.36A.030 subject to any 16
limitations in RCW 18.36A.040; a pharmacist under chapter 18.64 RCW 17
or a scientific investigator under this chapter, licensed, registered 18
or otherwise permitted insofar as is consistent with those licensing 19
laws to distribute, dispense, conduct research with respect to or 20
administer a controlled substance in the course of their professional 21
practice or research in this state. 22
(b) A pharmacy, hospital or other institution licensed, 23
registered, or otherwise permitted to distribute, dispense, conduct 24
research with respect to or to administer a controlled substance in 25
the course of professional practice or research in this state.26
(c) A physician licensed to practice medicine and surgery, a 27
physician licensed to practice osteopathic medicine and surgery, a 28
dentist licensed to practice dentistry, a podiatric physician and 29
surgeon licensed to practice podiatric medicine and surgery, a 30
licensed physician assistant or a licensed osteopathic physician 31
assistant specifically approved to prescribe controlled substances by 32
his or her state's medical commission or equivalent and his or her 33
participating physician as defined in RCW 18.71A.010, an advanced 34
practice registered nurse ((practitioner)) licensed to prescribe 35
controlled substances, or a veterinarian licensed to practice 36
veterinary medicine in any state of the United States.37
(41) "Prescription" means an order for controlled substances 38
issued by a practitioner duly authorized by law or rule in the state 39
p. 55 SB 5201
of Washington to prescribe controlled substances within the scope of 1
his or her professional practice for a legitimate medical purpose.2
(42) "Production" includes the manufacturing, planting, 3
cultivating, growing, or harvesting of a controlled substance.4
(43) "Qualifying patient" has the meaning provided in RCW 5
69.51A.010. 6
(44) "Recognition card" has the meaning provided in RCW 7
69.51A.010. 8
(45) "Retail outlet" means a location licensed by the board for 9
the retail sale of cannabis concentrates, useable cannabis, and 10
cannabis-infused products. 11
(46) "Secretary" means the secretary of health or the secretary's 12
designee. 13
(47) "Social equity plan" means a plan that addresses at least 14
some of the elements outlined in this subsection (47), along with any 15
additional plan components or requirements approved by the board 16
following consultation with the task force created in RCW 69.50.336. 17
The plan may include: 18
(a) A statement that indicates how the cannabis licensee will 19
work to promote social equity goals in their community;20
(b) A description of how the cannabis licensee will meet social 21
equity goals as defined in RCW 69.50.335; 22
(c) The composition of the workforce the licensee has employed or 23
intends to hire; and 24
(d) Business plans involving partnerships or assistance to 25
organizations or residents with connections to populations with a 26
history of high rates of enforcement of cannabis prohibition.27
(48) "State," unless the context otherwise requires, means a 28
state of the United States, the District of Columbia, the 29
Commonwealth of Puerto Rico, or a territory or insular possession 30
subject to the jurisdiction of the United States. 31
(49) "THC concentration" means percent of tetrahydrocannabinol 32
content of any part of the plant Cannabis, or per volume or weight of 33
cannabis product, or the combined percent of tetrahydrocannabinol and 34
tetrahydrocannabinolic acid in any part of the plant Cannabis 35
regardless of moisture content. 36
(50) "Ultimate user" means an individual who lawfully possesses a 37
controlled substance for the individual's own use or for the use of a 38
member of the individual's household or for administering to an 39
p. 56 SB 5201
animal owned by the individual or by a member of the individual's 1
household. 2
(51) "Unit" means an individual consumable item within a package 3
of one or more consumable items in solid, liquid, gas, or any form 4
intended for human consumption. 5
(52) "Useable cannabis" means dried cannabis flowers. The term 6
"useable cannabis" does not include either cannabis-infused products 7
or cannabis concentrates. 8
(53) "Youth access" means the level of interest persons under the 9
age of twenty-one may have in a vapor product, as well as the degree 10
to which the product is available or appealing to such persons, and 11
the likelihood of initiation, use, or addiction by adolescents and 12
young adults. 13
Sec. 102. RCW 49.60.180 and 2020 c 52 s 10 are each amended to 14
read as follows: 15
It is an unfair practice for any employer: 16
(1) To refuse to hire any person because of age, sex, marital 17
status, sexual orientation, race, creed, color, national origin, 18
citizenship or immigration status, honorably discharged veteran or 19
military status, or the presence of any sensory, mental, or physical 20
disability or the use of a trained dog guide or service animal by a 21
person with a disability, unless based upon a bona fide occupational 22
qualification: PROVIDED, That the prohibition against discrimination 23
because of such disability shall not apply if the particular 24
disability prevents the proper performance of the particular worker 25
involved: PROVIDED, That this section shall not be construed to 26
require an employer to establish employment goals or quotas based on 27
sexual orientation. 28
(2) To discharge or bar any person from employment because of 29
age, sex, marital status, sexual orientation, race, creed, color, 30
national origin, citizenship or immigration status, honorably 31
discharged veteran or military status, use of psychedelic substances 32
as sanctioned under chapter 18.--- RCW (the new chapter created in 33
section 110 (1) of this act) in the absence of visible impairment at 34
work, or the presence of any sensory, mental, or physical disability 35
or the use of a trained dog guide or service animal by a person with 36
a disability. 37
(3) To discriminate against any person in compensation or in 38
other terms or conditions of employment because of age, sex, marital 39
p. 57 SB 5201
status, sexual orientation, race, creed, color, national origin, 1
citizenship or immigration status, honorably discharged veteran or 2
military status, or the presence of any sensory, mental, or physical 3
disability or the use of a trained dog guide or service animal by a 4
person with a disability: PROVIDED, That it shall not be an unfair 5
practice for an employer to segregate washrooms or locker facilities 6
on the basis of sex, or to base other terms and conditions of 7
employment on the sex of employees where the commission by regulation 8
or ruling in a particular instance has found the employment practice 9
to be appropriate for the practical realization of equality of 10
opportunity between the sexes. 11
(4) To print, or circulate, or cause to be printed or circulated 12
any statement, advertisement, or publication, or to use any form of 13
application for employment, or to make any inquiry in connection with 14
prospective employment, which expresses any limitation, 15
specification, or discrimination as to age, sex, marital status, 16
sexual orientation, race, creed, color, national origin, citizenship 17
or immigration status, honorably discharged veteran or military 18
status, or the presence of any sensory, mental, or physical 19
disability or the use of a trained dog guide or service animal by a 20
person with a disability, or any intent to make any such limitation, 21
specification, or discrimination, unless based upon a bona fide 22
occupational qualification: PROVIDED, Nothing contained herein shall 23
prohibit advertising in a foreign language. 24
Sec. 103. RCW 43.79A.040 and 2024 c 327 s 16 and 2024 c 168 s 10 25
are each reenacted and amended to read as follows:26
(1) Money in the treasurer's trust fund may be deposited, 27
invested, and reinvested by the state treasurer in accordance with 28
RCW 43.84.080 in the same manner and to the same extent as if the 29
money were in the state treasury, and may be commingled with moneys 30
in the state treasury for cash management and cash balance purposes.31
(2) All income received from investment of the treasurer's trust 32
fund must be set aside in an account in the treasury trust fund to be 33
known as the investment income account. 34
(3) The investment income account may be utilized for the payment 35
of purchased banking services on behalf of treasurer's trust funds 36
including, but not limited to, depository, safekeeping, and 37
disbursement functions for the state treasurer or affected state 38
agencies. The investment income account is subject in all respects to 39
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chapter 43.88 RCW, but no appropriation is required for payments to 1
financial institutions. Payments must occur prior to distribution of 2
earnings set forth in subsection (4) of this section.3
(4)(a) Monthly, the state treasurer must distribute the earnings 4
credited to the investment income account to the state general fund 5
except under (b), (c), and (d) of this subsection. 6
(b) The following accounts and funds must receive their 7
proportionate share of earnings based upon each account's or fund's 8
average daily balance for the period: The 24/7 sobriety account, the 9
Washington promise scholarship account, the Gina Grant Bull memorial 10
legislative page scholarship account, the Rosa Franklin legislative 11
internship program scholarship account, the Washington advanced 12
college tuition payment program account, the Washington college 13
savings program account, the accessible communities account, the 14
Washington achieving a better life experience program account, the 15
Washington career and college pathways innovation challenge program 16
account, the community and technical college innovation account, the 17
agricultural local fund, the American Indian scholarship endowment 18
fund, the behavioral health loan repayment and scholarship program 19
account, the Billy Frank Jr. national statuary hall collection fund, 20
the foster care scholarship endowment fund, the foster care endowed 21
scholarship trust fund, the contract harvesting revolving account, 22
the Washington state combined fund drive account, the commemorative 23
works account, the county 911 excise tax account, the county road 24
administration board emergency loan account, the toll collection 25
account, the developmental disabilities endowment trust fund, the 26
energy account, the energy facility site evaluation council account, 27
the fair fund, the family and medical leave insurance account, the 28
Fern Lodge maintenance account, the fish and wildlife federal lands 29
revolving account, the natural resources federal lands revolving 30
account, the food animal veterinarian conditional scholarship 31
account, the forest health revolving account, the fruit and vegetable 32
inspection account, the educator conditional scholarship account, the 33
game farm alternative account, the GET ready for math and science 34
scholarship account, the Washington global health technologies and 35
product development account, the grain inspection revolving fund, the 36
Washington history day account, the industrial insurance rainy day 37
fund, the juvenile accountability incentive account, the law 38
enforcement officers' and firefighters' plan 2 expense fund, the 39
local tourism promotion account, the low-income home rehabilitation 40
p. 59 SB 5201
account, the medication for people living with HIV rebate revenue 1
account, the homeowner recovery account, the multiagency permitting 2
team account, the northeast Washington wolf-livestock management 3
account, the pollution liability insurance program trust account, the 4
produce railcar pool account, the public use general aviation airport 5
loan revolving account, the regional transportation investment 6
district account, the rural rehabilitation account, the Washington 7
sexual assault kit account, the stadium and exhibition center 8
account, the youth athletic facility account, the self-insurance 9
revolving fund, the children's trust fund, the Washington horse 10
racing commission Washington bred owners' bonus fund and breeder 11
awards account, the Washington horse racing commission class C purse 12
fund account, the individual development account program account, the 13
Washington horse racing commission operating account, the life 14
sciences discovery fund, the Washington state library-archives 15
building account, the reduced cigarette ignition propensity account, 16
the center for deaf and hard of hearing youth account, the school for 17
the blind account, the Millersylvania park trust fund, the public 18
employees' and retirees' insurance reserve fund, the school 19
employees' benefits board insurance reserve fund, the public 20
employees' and retirees' insurance account, the school employees' 21
insurance account, the long-term services and supports trust account, 22
the radiation perpetual maintenance fund, the Indian health 23
improvement reinvestment account, the department of licensing tuition 24
recovery trust fund, the student achievement council tuition recovery 25
trust fund, the tuition recovery trust fund, the industrial insurance 26
premium refund account, the mobile home park relocation fund, the 27
natural resources deposit fund, the Washington state health insurance 28
pool account, the federal forest revolving account, the Washington 29
saves administrative treasury trust account, the psychedelic 30
substance facilitation control and regulation account, the 31
psychedelic substance manufacture and testing control and regulation 32
account, and the library operations account. 33
(c) The following accounts and funds must receive 80 percent of 34
their proportionate share of earnings based upon each account's or 35
fund's average daily balance for the period: The advance right-of-way 36
revolving fund, the advanced environmental mitigation revolving 37
account, the federal narcotics asset forfeitures account, the high 38
occupancy vehicle account, the local rail service assistance account, 39
and the miscellaneous transportation programs account.40
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(d) Any state agency that has independent authority over accounts 1
or funds not statutorily required to be held in the custody of the 2
state treasurer that deposits funds into a fund or account in the 3
custody of the state treasurer pursuant to an agreement with the 4
office of the state treasurer shall receive its proportionate share 5
of earnings based upon each account's or fund's average daily balance 6
for the period. 7
(5) In conformance with Article II, section 37 of the state 8
Constitution, no trust accounts or funds shall be allocated earnings 9
without the specific affirmative directive of this section.10
Sec. 104. RCW 43.79A.040 and 2024 c 327 s 17 and 2024 c 168 s 11 11
are each reenacted and amended to read as follows:12
(1) Money in the treasurer's trust fund may be deposited, 13
invested, and reinvested by the state treasurer in accordance with 14
RCW 43.84.080 in the same manner and to the same extent as if the 15
money were in the state treasury, and may be commingled with moneys 16
in the state treasury for cash management and cash balance purposes.17
(2) All income received from investment of the treasurer's trust 18
fund must be set aside in an account in the treasury trust fund to be 19
known as the investment income account. 20
(3) The investment income account may be utilized for the payment 21
of purchased banking services on behalf of treasurer's trust funds 22
including, but not limited to, depository, safekeeping, and 23
disbursement functions for the state treasurer or affected state 24
agencies. The investment income account is subject in all respects to 25
chapter 43.88 RCW, but no appropriation is required for payments to 26
financial institutions. Payments must occur prior to distribution of 27
earnings set forth in subsection (4) of this section.28
(4)(a) Monthly, the state treasurer must distribute the earnings 29
credited to the investment income account to the state general fund 30
except under (b), (c), and (d) of this subsection.31
(b) The following accounts and funds must receive their 32
proportionate share of earnings based upon each account's or fund's 33
average daily balance for the period: The 24/7 sobriety account, the 34
Washington promise scholarship account, the Gina Grant Bull memorial 35
legislative page scholarship account, the Rosa Franklin legislative 36
internship program scholarship account, the Washington advanced 37
college tuition payment program account, the Washington college 38
savings program account, the accessible communities account, the 39
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Washington achieving a better life experience program account, the 1
Washington career and college pathways innovation challenge program 2
account, the community and technical college innovation account, the 3
agricultural local fund, the American Indian scholarship endowment 4
fund, the behavioral health loan repayment and scholarship program 5
account, the Billy Frank Jr. national statuary hall collection fund, 6
the foster care scholarship endowment fund, the foster care endowed 7
scholarship trust fund, the contract harvesting revolving account, 8
the Washington state combined fund drive account, the commemorative 9
works account, the county 911 excise tax account, the county road 10
administration board emergency loan account, the toll collection 11
account, the developmental disabilities endowment trust fund, the 12
energy account, the energy facility site evaluation council account, 13
the fair fund, the family and medical leave insurance account, the 14
Fern Lodge maintenance account, the fish and wildlife federal lands 15
revolving account, the natural resources federal lands revolving 16
account, the food animal veterinarian conditional scholarship 17
account, the forest health revolving account, the fruit and vegetable 18
inspection account, the educator conditional scholarship account, the 19
game farm alternative account, the GET ready for math and science 20
scholarship account, the Washington global health technologies and 21
product development account, the grain inspection revolving fund, the 22
Washington history day account, the industrial insurance rainy day 23
fund, the juvenile accountability incentive account, the law 24
enforcement officers' and firefighters' plan 2 expense fund, the 25
local tourism promotion account, the low-income home rehabilitation 26
account, the medication for people living with HIV rebate revenue 27
account, the homeowner recovery account, the multiagency permitting 28
team account, the northeast Washington wolf-livestock management 29
account, the produce railcar pool account, the public use general 30
aviation airport loan revolving account, the regional transportation 31
investment district account, the rural rehabilitation account, the 32
Washington sexual assault kit account, the stadium and exhibition 33
center account, the youth athletic facility account, the self-34
insurance revolving fund, the children's trust fund, the Washington 35
horse racing commission Washington bred owners' bonus fund and 36
breeder awards account, the Washington horse racing commission class 37
C purse fund account, the individual development account program 38
account, the Washington horse racing commission operating account, 39
the life sciences discovery fund, the Washington state library-40
p. 62 SB 5201
archives building account, the reduced cigarette ignition propensity 1
account, the center for deaf and hard of hearing youth account, the 2
school for the blind account, the Millersylvania park trust fund, the 3
public employees' and retirees' insurance reserve fund, the school 4
employees' benefits board insurance reserve fund, the public 5
employees' and retirees' insurance account, the school employees' 6
insurance account, the long-term services and supports trust account, 7
the radiation perpetual maintenance fund, the Indian health 8
improvement reinvestment account, the department of licensing tuition 9
recovery trust fund, the student achievement council tuition recovery 10
trust fund, the tuition recovery trust fund, the industrial insurance 11
premium refund account, the mobile home park relocation fund, the 12
natural resources deposit fund, the Washington state health insurance 13
pool account, the federal forest revolving account, the Washington 14
saves administrative treasury trust account, the psychedelic 15
substance facilitation control and regulation account, the 16
psychedelic substance manufacture and testing control and regulation 17
account, and the library operations account. 18
(c) The following accounts and funds must receive 80 percent of 19
their proportionate share of earnings based upon each account's or 20
fund's average daily balance for the period: The advance right-of-way 21
revolving fund, the advanced environmental mitigation revolving 22
account, the federal narcotics asset forfeitures account, the high 23
occupancy vehicle account, the local rail service assistance account, 24
and the miscellaneous transportation programs account.25
(d) Any state agency that has independent authority over accounts 26
or funds not statutorily required to be held in the custody of the 27
state treasurer that deposits funds into a fund or account in the 28
custody of the state treasurer pursuant to an agreement with the 29
office of the state treasurer shall receive its proportionate share 30
of earnings based upon each account's or fund's average daily balance 31
for the period. 32
(5) In conformance with Article II, section 37 of the state 33
Constitution, no trust accounts or funds shall be allocated earnings 34
without the specific affirmative directive of this section.35
Sec. 105. RCW 18.130.010 and 1994 sp.s. c 9 s 601 are each 36
amended to read as follows: 37
It is the intent of the legislature to strengthen and consolidate 38
disciplinary and licensure procedures for the licensed health and 39
p. 63 SB 5201
health-related professions and businesses by providing a uniform 1
disciplinary act with standardized procedures for the licensure of 2
health care professionals and facilitators and clinical facilitators 3
under chapter 18.--- RCW (the new chapter created in section 110 (1) 4
of this act) and the enforcement of laws the purpose of which is to 5
assure the public of the adequacy of professional competence and 6
conduct in the healing arts. 7
It is also the intent of the legislature that all health and 8
health-related professions newly credentialed by the state come under 9
the Uniform Disciplinary Act. 10
Further, the legislature declares that the addition of public 11
members on all health care commissions and boards can give both the 12
state and the public, which it has a statutory responsibility to 13
protect, assurances of accountability and confidence in the various 14
practices of health care. 15
Sec. 106. RCW 18.130.040 and 2024 c 362 s 8, 2024 c 217 s 7, and 16
2024 c 50 s 5 are each reenacted and amended to read as follows:17
(1) This chapter applies only to the secretary and the boards and 18
commissions having jurisdiction in relation to the professions 19
licensed under the chapters specified in this section. This chapter 20
does not apply to any business or profession not licensed under the 21
chapters specified in this section. 22
(2)(a) The secretary has authority under this chapter in relation 23
to the following professions: 24
(i) Dispensing opticians licensed and designated apprentices 25
under chapter 18.34 RCW; 26
(ii) Midwives licensed under chapter 18.50 RCW;27
(iii) Ocularists licensed under chapter 18.55 RCW;28
(iv) Massage therapists and businesses licensed under chapter 29
18.108 RCW; 30
(v) Dental hygienists licensed under chapter 18.29 RCW;31
(vi) Acupuncturists or acupuncture and Eastern medicine 32
practitioners licensed under chapter 18.06 RCW; 33
(vii) Radiologic technologists certified and X-ray technicians 34
registered under chapter 18.84 RCW; 35
(viii) Respiratory care practitioners licensed under chapter 36
18.89 RCW; 37
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(ix) Hypnotherapists registered, agency affiliated counselors 1
registered, certified, or licensed, and advisors and counselors 2
certified under chapter 18.19 RCW; 3
(x) Persons licensed as mental health counselors, mental health 4
counselor associates, marriage and family therapists, marriage and 5
family therapist associates, social workers, social work associates — 6
advanced, and social work associates — independent clinical under 7
chapter 18.225 RCW; 8
(xi) Persons registered as nursing pool operators under chapter 9
18.52C RCW; 10
(xii) Nursing assistants registered or certified or medication 11
assistants endorsed under chapter 18.88A RCW; 12
(xiii) Dietitians and nutritionists certified under chapter 13
18.138 RCW; 14
(xiv) Substance use disorder professionals, substance use 15
disorder professional trainees, or co-occurring disorder specialists 16
certified under chapter 18.205 RCW; 17
(xv) Sex offender treatment providers and certified affiliate sex 18
offender treatment providers certified under chapter 18.155 RCW;19
(xvi) Persons licensed and certified under chapter 18.73 RCW or 20
RCW 18.71.205; 21
(xvii) Orthotists and prosthetists licensed under chapter 18.200 22
RCW; 23
(xviii) Surgical technologists registered under chapter 18.215 24
RCW; 25
(xix) Recreational therapists under chapter 18.230 RCW;26
(xx) Animal massage therapists certified under chapter 18.240 27
RCW; 28
(xxi) Athletic trainers licensed under chapter 18.250 RCW;29
(xxii) Home care aides certified under chapter 18.88B RCW;30
(xxiii) Genetic counselors licensed under chapter 18.290 RCW;31
(xxiv) Reflexologists certified under chapter 18.108 RCW;32
(xxv) Medical assistants-certified, medical assistants-33
hemodialysis technician, medical assistants-phlebotomist, forensic 34
phlebotomist, medical assistant-EMT, and medical assistants-35
registered certified and registered under chapter 18.360 RCW;36
(xxvi) Behavior analysts, assistant behavior analysts, and 37
behavior technicians under chapter 18.380 RCW; 38
(xxvii) Birth doulas certified under chapter 18.47 RCW;39
(xxviii) Music therapists licensed under chapter 18.233 RCW;40
p. 65 SB 5201
(xxix) Behavioral health support specialists certified under 1
chapter 18.227 RCW; ((and))2
(xxx) Certified peer specialists and certified peer specialist 3
trainees under chapter 18.420 RCW; and4
(xxxi) Facilitators and clinical facilitators under chapter 5
18.--- RCW (the new chapter created in section 110(1) of this act).6
(b) The boards and commissions having authority under this 7
chapter are as follows: 8
(i) The podiatric medical board as established in chapter 18.22 9
RCW; 10
(ii) The chiropractic quality assurance commission as established 11
in chapter 18.25 RCW; 12
(iii) The dental quality assurance commission as established in 13
chapter 18.32 RCW governing licenses issued under chapter 18.32 RCW, 14
licenses and registrations issued under chapter 18.260 RCW, licenses 15
issued under chapter 18.265 RCW, and certifications issued under 16
chapter 18.350 RCW; 17
(iv) The board of hearing and speech as established in chapter 18
18.35 RCW; 19
(v) The board of examiners for nursing home administrators as 20
established in chapter 18.52 RCW; 21
(vi) The optometry board as established in chapter 18.54 RCW 22
governing licenses issued under chapter 18.53 RCW;23
(vii) The board of osteopathic medicine and surgery as 24
established in chapter 18.57 RCW governing licenses issued under 25
chapter 18.57 RCW; 26
(viii) The pharmacy quality assurance commission as established 27
in chapter 18.64 RCW governing licenses issued under chapters 18.64 28
and 18.64A RCW; 29
(ix) The Washington medical commission as established in chapter 30
18.71 RCW governing licenses and registrations issued under chapters 31
18.71, 18.71A, and 18.71D RCW; 32
(x) The board of physical therapy as established in chapter 18.74 33
RCW; 34
(xi) The board of occupational therapy practice as established in 35
chapter 18.59 RCW; 36
(xii) The board of nursing as established in chapter 18.79 RCW 37
governing licenses and registrations issued under that chapter and 38
under chapter 18.80 RCW; 39
p. 66 SB 5201
(xiii) The examining board of psychology and its disciplinary 1
committee as established in chapter 18.83 RCW; 2
(xiv) The veterinary board of governors as established in chapter 3
18.92 RCW; 4
(xv) The board of naturopathy established in chapter 18.36A RCW, 5
governing licenses and certifications issued under that chapter; and6
(xvi) The board of denturists established in chapter 18.30 RCW.7
(3) In addition to the authority to discipline license holders, 8
the disciplining authority has the authority to grant or deny 9
licenses. The disciplining authority may also grant a license subject 10
to conditions, which must be in compliance with chapter 18.415 RCW.11
(4) All disciplining authorities shall adopt procedures to ensure 12
substantially consistent application of this chapter, the uniform 13
disciplinary act, among the disciplining authorities listed in 14
subsection (2) of this section. 15
Sec. 107. RCW 18.130.180 and 2024 c 220 s 2 are each amended to 16
read as follows: 17
Except as provided in RCW 18.130.450, the following conduct, 18
acts, or conditions constitute unprofessional conduct for any license 19
holder under the jurisdiction of this chapter: 20
(1) The commission of any act involving moral turpitude, 21
dishonesty, or corruption relating to the practice of the person's 22
profession, whether the act constitutes a crime or not. If the act 23
constitutes a crime, conviction in a criminal proceeding is not a 24
condition precedent to disciplinary action. Upon such a conviction, 25
however, the judgment and sentence is conclusive evidence at the 26
ensuing disciplinary hearing of the guilt of the license holder of 27
the crime described in the indictment or information, and of the 28
person's violation of the statute on which it is based. For the 29
purposes of this section, conviction includes all instances in which 30
a plea of guilty or nolo contendere is the basis for the conviction 31
and all proceedings in which the sentence has been deferred or 32
suspended. Nothing in this section abrogates rights guaranteed under 33
chapter 9.96A RCW. This subsection does not apply to federal laws, 34
regulations, and policies prohibiting actions relating to psychedelic 35
substances that are permitted under chapter 18.--- or 66.--- RCW (the 36
new chapters created in section 110 of this act); 37
(2) Misrepresentation or concealment of a material fact in 38
obtaining a license or in reinstatement thereof; 39
p. 67 SB 5201
(3) All advertising which is false, fraudulent, or misleading;1
(4) Incompetence, negligence, or malpractice which results in 2
injury to a patient or which creates an unreasonable risk that a 3
patient may be harmed. The use of a nontraditional treatment by 4
itself shall not constitute unprofessional conduct, provided that it 5
does not result in injury to a patient or create an unreasonable risk 6
that a patient may be harmed; 7
(5) Suspension, revocation, or restriction of the individual's 8
license to practice any health care profession by competent authority 9
in any state, federal, or foreign jurisdiction, a certified copy of 10
the order, stipulation, or agreement being conclusive evidence of the 11
revocation, suspension, or restriction; 12
(6) ((The)) Except when authorized by RCW 69.41.095 or concerning 13
activities related to psychedelic substances permitted under chapter 14
18.--- or 66.--- RCW (the new chapters created in section 110 of this 15
act), the possession, use, prescription for use, or distribution of 16
controlled substances or legend drugs in any way other than for 17
legitimate or therapeutic purposes, diversion of controlled 18
substances or legend drugs, the violation of any drug law, or 19
prescribing controlled substances for oneself; 20
(7) Violation of any state or federal statute or administrative 21
rule regulating the profession in question, including any statute or 22
rule defining or establishing standards of patient care or 23
professional conduct or practice , except for federal laws, 24
regulations, and policies prohibiting actions relating to psychedelic 25
substances that are permitted under chapter 18.--- or 66.--- RCW (the 26
new chapters created in section 110 of this act); 27
(8) Failure to cooperate with the disciplining authority by:28
(a) Not furnishing any papers, documents, records, or other 29
items; 30
(b) Not furnishing in writing a full and complete explanation 31
covering the matter contained in the complaint filed with the 32
disciplining authority; 33
(c) Not responding to subpoenas issued by the disciplining 34
authority, whether or not the recipient of the subpoena is the 35
accused in the proceeding; or 36
(d) Not providing reasonable and timely access for authorized 37
representatives of the disciplining authority seeking to perform 38
practice reviews at facilities utilized by the license holder;39
p. 68 SB 5201
(9) Failure to comply with an order issued by the disciplining 1
authority or a stipulation for informal disposition entered into with 2
the disciplining authority; 3
(10) Aiding or abetting an unlicensed person to practice when a 4
license is required; 5
(11) Violations of rules established by any health agency;6
(12) Practice beyond the scope of practice as defined by law or 7
rule; 8
(13) Misrepresentation or fraud in any aspect of the conduct of 9
the business or profession; 10
(14) Failure to adequately supervise auxiliary staff to the 11
extent that the consumer's health or safety is at risk;12
(15) Engaging in a profession involving contact with the public 13
while suffering from a contagious or infectious disease involving 14
serious risk to public health; 15
(16) Promotion for personal gain of any unnecessary or 16
inefficacious drug, device, treatment, procedure, or service;17
(17) Conviction of any gross misdemeanor or felony relating to 18
the practice of the person's profession. For the purposes of this 19
subsection, conviction includes all instances in which a plea of 20
guilty or nolo contendere is the basis for conviction and all 21
proceedings in which the sentence has been deferred or suspended. 22
Nothing in this section abrogates rights guaranteed under chapter 23
9.96A RCW; 24
(18) The offering, undertaking, or agreeing to cure or treat 25
disease by a secret method, procedure, treatment, or medicine, or the 26
treating, operating, or prescribing for any health condition by a 27
method, means, or procedure which the licensee refuses to divulge 28
upon demand of the disciplining authority; 29
(19) The willful betrayal of a practitioner-patient privilege as 30
recognized by law; 31
(20) Violation of chapter 19.68 RCW or a pattern of violations of 32
RCW 41.05.700(8), 48.43.735(8), 48.49.020, 48.49.030, 71.24.335(8), 33
or 74.09.325(8); 34
(21) Interference with an investigation or disciplinary 35
proceeding by willful misrepresentation of facts before the 36
disciplining authority or its authorized representative, or by the 37
use of threats or harassment against any patient or witness to 38
prevent them from providing evidence in a disciplinary proceeding or 39
any other legal action, or by the use of financial inducements to any 40
p. 69 SB 5201
patient or witness to prevent or attempt to prevent him or her from 1
providing evidence in a disciplinary proceeding; 2
(22) Current misuse of: 3
(a) Alcohol; 4
(b) Controlled substances , excluding actions permitted under 5
chapter 18.--- or 66.--- RCW (the new chapters created in section 110 6
of this act); or 7
(c) Legend drugs; 8
(23) Abuse of a client or patient or sexual contact with a client 9
or patient; 10
(24) Acceptance of more than a nominal gratuity, hospitality, or 11
subsidy offered by a representative or vendor of medical or health-12
related products or services intended for patients, in contemplation 13
of a sale or for use in research publishable in professional 14
journals, where a conflict of interest is presented, as defined by 15
rules of the disciplining authority, in consultation with the 16
department, based on recognized professional ethical standards;17
(25) Violation of RCW 18.130.420; 18
(26) Performing conversion therapy on a patient under age 19
eighteen; 20
(27) Violation of RCW 18.130.430; 21
(28) Violation of RCW 18.130.460; or 22
(29) Implanting the license holder's own gametes or reproductive 23
material into a patient. 24
Sec. 108. RCW 19.410.020 and 2023 c 364 s 9 are each amended to 25
read as follows: 26
Medical professionals licensed by the state of Washington shall 27
not be subject to adverse licensing action for recommending 28
psilocybin therapy services or psychedelic substance services as 29
defined under section 6 of this act. 30
NEW SECTION. Sec. 109. If any provision of this act or its 31
application to any person or circumstance is held invalid, the 32
remainder of the act or the application of the provision to other 33
persons or circumstances is not affected.34
NEW SECTION. Sec. 110. (1) Sections 5 through 57 of this act 35
constitute a new chapter in Title 18 RCW.36
p. 70 SB 5201
(2) Sections 58 through 97 of this act constitute a new chapter 1
in Title 66 RCW. 2
NEW SECTION. Sec. 111. Section 7 of this act is necessary for 3
the immediate preservation of the public peace, health, or safety, or 4
support of the state government and its existing public institutions, 5
and takes effect immediately.6
NEW SECTION. Sec. 112. Section 103 of this act expires July 1, 7
2030.8
NEW SECTION. Sec. 113. Section 104 of this act takes effect 9
July 1, 2030.10
--- END ---
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