Missouri SB 768: Modifies provisions relating to alternative therapies and treatments, including psilocybin

Bill Text

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 768
102ND GENERAL ASSEMBLY
4375S.04C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 191.480 and 196.1050, RSMo, and to enact in lieu thereof four new sections
relating to alternative therapies.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 191.480 and 196.1050, RSMo, are 1
repealed and four new sections enacted in lieu thereof, to be 2
known as sections 191.479, 191.480, 196.1050, and 630.1170, to 3
read as follows:4
191.479. 1. For the purpose of this section, a "bona 1
fide physician-patient relationship" means a relationship 2
between a physician and a patient in which the physician: 3
(1) Has completed an assessment of the patient's 4
medical history and current medical condition, including an 5
in-person examination of the patient; 6
(2) Has consulted with the patient with respect to the 7
patient's medical condition; and 8
(3) Is available to provide follow-up care and 9
treatment to the patient. 10
2. Notwithstanding the provisions of chapter 195 or 11
579 or any other provision of law to the contrary, any 12
person who acquires, uses, produces, possesses, transfers, 13
or administers psilocybin for the person's own therapeutic 14
use shall not be in violation of state or local law and 15

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shall not be subject to a civil fine, penalty, or sanction 16
so long as the following conditions are met: 17
(1) The person is a veteran, as defined in section 18
42.002, who resides in Missouri; 19
(2) The person is twenty-one years of age or older; 20
(3) The person suffers from posttraumatic stress 21
disorder, major depressive disorder, or a substance use 22
disorder or requires end-of-life care; 23
(4) The person: 24
(a) Has enrolled in a study regarding the use of 25
psilocybin to treat posttraumatic stress disorder, major 26
depressive disorder, or substance use disorders or for end- 27
of-life care; or 28
(b) Sought to enroll in a study described in paragraph 29
(a) of this subdivision but was declined due to lack of 30
space or lack of existing studies for which the person was 31
eligible; 32
(5) The person informs the department of mental health 33
that the person plans to acquire, use, produce, possess, 34
transfer, or administer psilocybin in accordance with this 35
section; 36
(6) The person provides the department with: 37
(a) Documentation from a physician with whom the 38
patient has a bona fide physician-patient relationship that 39
the person suffers from posttraumatic stress disorder, major 40
depressive disorder, or a substance use disorder or requires 41
end-of-life care; 42
(b) The name of the facilitator who will be present 43
with the person when they use psilocybin, who is one of the 44
following: 45
a. A physician licensed under chapter 334; 46
b. A psychologist licensed under chapter 337; 47

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c. A master's-level mental health therapist with full 48
clinical experience such as a licensed clinical social 49
worker, marital and family therapist, or professional 50
counselor, as such professions are licensed under chapter 51
337, or a registered art therapist; 52
d. A nurse licensed under chapter 335 with a doctor of 53
nursing practice degree; 54
e. A physician assistant licensed under chapter 334; or 55
f. An advanced practice registered nurse licensed 56
under chapter 335, including, but not limited to, a 57
psychiatric-mental health nurse practitioner; 58
(c) The address of the location where the use of 59
psilocybin will take place; and 60
(d) The time period, not to exceed twelve months, 61
during which the person will use psilocybin; 62
(7) The person ensures that a laboratory licensed by 63
the state to test controlled substances tests the psilocybin 64
the person intends to ingest; and 65
(8) The person limits the use of psilocybin to no more 66
than one hundred and fifty milligrams of psilocybin analyte 67
(4-phosphoryloxy-N, N-dimethyltryptamine) during any twelve- 68
month period. 69
3. (1) A facilitator described under subsection 2 of 70
this section, in order to serve as a facilitator, shall have 71
completed a training program specific to psilocybin 72
consistent with the most current American Psychedelic 73
Practitioners Association Professional Practice Guidelines 74
for Psychedelic-Assisted Therapy and shall comply with such 75
guidelines. The curriculum of a training program under this 76
subsection shall cover all content areas set forth in the 77
guidelines and shall consist of no less than eighty hours of 78
synchronous learning. Facilitators, excluding those who are 79

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psychologists, psychiatrists, or psychiatric-mental health 80
nurse practitioners, shall complete one and one half 81
continuing education hours of training on the most current 82
version of the Diagnostic and Sta