New York S 495: Relates to medical use of psilocybin; appropriation

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S00495 Summary:

BILL NOS00495 

&nbsp

SAME ASSAME AS A03775

&nbsp

SPONSORFERNANDEZ

&nbsp

COSPNSRSCARCELLA-SPANTON, COMRIE, JACKSON, MYRIE, SALAZAR

&nbsp

MLTSPNSR

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Add Art 33 Title 5-B §§3369-aa - 3369-jj, Pub Health L; add §97-uuuu, St Fin L

&nbsp

Relates to medical use of psilocybin; establishes a psilocybin assisted therapy grant program; makes an appropriation therefor.

Go to top S00495 Actions:

BILL NOS00495 

&nbsp

01/08/2025REFERRED TO FINANCE

01/07/2026REFERRED TO FINANCE

Go to topS00495 Committee&nbspVotes:

Go to topS00495 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00495 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 495

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. FERNANDEZ, SCARCELLA-SPANTON, COMRIE, JACKSON,
 MYRIE, SALAZAR -- read twice and ordered printed, and when printed to
 be committed to the Committee on Finance

 AN ACT to amend the public health law and the state finance law, in
 relation to medical use of psilocybin; and making an appropriation
 therefor

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 33 of the public health law is amended by adding a
 2 new title 5-B to read as follows:
 3 TITLE V-B
 4 MEDICAL USE OF PSILOCYBIN
 5 Section 3369-aa. Definitions.
 6 3369-bb. Lawful medical use.
 7 3369-cc. Certification of facilitators.
 8 3369-dd. Evaluation; research programs; report by department.
 9 3369-ee. Relation to other laws.
 10 3369-ff. Protections for the medical use of psilocybin.
 11 3369-gg. Regulations.
 12 3369-hh. Psilocybin assisted therapy grant program.
 13 3369-ii. Naturally grown medical psilocybin pilot.
 14 3369-jj. Psilocybin assisted therapy advisory board.
 15 § 3369-aa. Definitions. For the purposes of this title, the following
 16 terms shall have the following meanings:
 17 1. "Psilocybin" means a naturally occurring psychedelic prodrug
 18 compound produced by fungi, including but not limited to members of the
 19 genus Psilocybe. Such term shall include psilocin, the substance into
 20 which psilocybin is converted in the human body.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01848-01-5

 S. 495 2

 1 2. "Caring for" means treating a patient, in the course of which the
 2 practitioner has completed a full assessment of the patient's medical
 3 history and current medical condition.
 4 3. "Certified medical use" includes use of medical psilocybin for a
 5 patient to treat or alleviate a patient's medical condition or symptoms
 6 associated with the patient's medical condition.
 7 4. "License" means a written authorization as provided under this
 8 title permitting persons to engage in a specified activity authorized
 9 pursuant to this title.
 10 5. "Licensee" means an individual or an entity who has been granted a
 11 license under this title.
 12 6. "Medical psilocybin" means psilocybin intended for a certified
 13 medical use, as determined by the department.
 14 7. "Facilitator" means a mental health counselor, psychoanalyst,
 15 psychologist, physician, physician assistant, registered professional
 16 nurse, clinical nurse specialist, nurse practitioner, occupational ther-
 17 apist, occupational therapy assistant, licensed clinical social worker,
 18 or an individual with evidence of prior experience and knowledge in the
 19 field of psychedelic assisted therapy who has completed all requirements
 20 under section thirty-three hundred sixty-nine-cc of this title.
 21 § 3369-bb. Lawful medical use. The use of medical psilocybin by a
 22 patient for certified medical use, shall be lawful under this title
 23 provided that:
 24 1. The psilocybin used by a patient shall have occurred in a clinical
 25 setting, including but not limited to, a facilitator's office or a
 26 hospital, under the supervision of a facilitator certified pursuant to
 27 section thirty-three hundred sixty-nine-cc of this title. Patients who
 28 are unable to travel may receive psilocybin treatment in the home. The
 29 course developed to certify facilitators by the department shall include
 30 regu