(2) The duties, functions and powers of the authority specified in ORS 475A.210 to 475A.722 include the following:
(a) To examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end-of-life psychological distress.
(b) After the two-year program development period:
(A) To regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services in this state in accordance with the provisions of ORS 475A.210 to 475A.722;
(B) To issue, renew, suspend, revoke or refuse to issue or renew licenses for the manufacturing or sale of psilocybin products, the provision of psilocybin services, or other licenses related to the consumption of psilocybin products, and to permit, in the authority’s discretion, the transfer of a license between persons; and
(C) To regulate the use of psilocybin products and psilocybin services for other purposes as deemed necessary or appropriate by the authority.
(c) To adopt, amend or repeal rules as necessary to carry out the intent and provisions of ORS 475A.210 to 475A.722, including rules that the authority considers necessary to protect the public health and safety.
(d) To exercise all powers incidental, convenient or necessary to enable the authority to administer or carry out the provisions of ORS 475A.210 to 475A.722 or any other law of this state that charges the authority with a duty, function or power related to psilocybin products and psilocybin services. Powers described in this paragraph include, but are not limited to:
(A) Issuing subpoenas;
(B) Compelling the attendance of witnesses;
(C) Administering oaths;
(D) Certifying official acts;
(E) Taking depositions as provided by law;
(F) Compelling the production of books, payrolls, accounts, papers, records, documents and testimony; and
(G) Establishing fees in addition to the application, licensing and renewal fees described in ORS 475A.290, 475A.305, 475A.325 and 475A.594, provided that any fee established by the authority is reasonably calculated not to exceed the cost of the activity for which the fee is charged.
(e) To adopt rules prohibiting advertising psilocybin products to the public.
(f) To adopt rules regulating and prohibiting advertising psilocybin services in a manner:
(A) That is appealing to minors;
(B) That promotes excessive use;
(C) That promotes illegal activity;
(D) That violates the code of professional conduct for psilocybin service facilitators formulated by the authority; or
(E) That otherwise presents a significant risk to public health and safety.
(3) The authority may not require that a psilocybin product be manufactured by means of chemical synthesis.
(4) The authority may not require a client to be diagnosed with or have any particular medical condition as a condition to being provided psilocybin services.
(5) Fees collected pursuant to subsection (2)(d)(G) of this section shall be deposited in the Psilocybin Control and Regulation Fund established under ORS 475A.492. [2021 c.1 §8]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 475A - Psilocybin Regulation
Section 475A.200 - Legislative findings.
Section 475A.205 - Purposes of ORS 475A.200 to 475A.722.
Section 475A.215 - Construction of ORS 475A.210 to 475A.722.
Section 475A.220 - Definitions for ORS 475A.210 to 475A.722.
Section 475A.230 - Duties of Oregon Psilocybin Advisory Board.
Section 475A.235 - General powers and duties; rules.
Section 475A.243 - Powers related to decedents and insolvent or bankrupt persons.
Section 475A.245 - Application process for all licensees; rules.
Section 475A.250 - Grounds for refusing to issue license or issuing restricted license.
Section 475A.255 - Authority to require fingerprints of applicants and other individuals.
Section 475A.260 - Properties of license.
Section 475A.265 - Duties of Oregon Health Authority with respect to issuing licenses.
Section 475A.270 - Duty to request land use compatibility statement.
Section 475A.275 - Lawful manufacture, delivery and possession of psilocybin products.
Section 475A.280 - Restriction on financial interests in multiple licensees.
Section 475A.285 - Authority to hold multiple licenses.
Section 475A.290 - Manufacturer license; fees; rules.
Section 475A.295 - Psilocybin product manufacturers; endorsements; rules.
Section 475A.305 - Psilocybin service center operator license; fees; rules.
Section 475A.310 - Proximity of psilocybin service center to school.
Section 475A.325 - Psilocybin service facilitator license; fees; rules.
Section 475A.330 - Examination.
Section 475A.340 - Psilocybin services; rules.
Section 475A.345 - Preparation session.
Section 475A.350 - Client information form.
Section 475A.355 - Administration session.
Section 475A.360 - Integration session.
Section 475A.370 - Right to terminate or refuse to provide services; exception.
Section 475A.375 - Powers and duties relating to psilocybin service facilitators.
Section 475A.385 - Authority to inspect books and premises; notice.
Section 475A.400 - Use of tracking system for psilocybin products; distribution of moneys.
Section 475A.415 - Authority to require financial disclosure from licensee.
Section 475A.420 - Authority to investigate, discipline licensees.
Section 475A.425 - Authority to investigate, discipline permit holder.
Section 475A.435 - Restrictions on delivery or receipt; waiver by authority.
Section 475A.445 - Identification requirement; rules.
Section 475A.450 - Confidentiality of client communications, information; exceptions.
Section 475A.455 - Prohibition against psilocybin service facilitator consuming psilocybin product.
Section 475A.460 - Prohibition against employing persons under 21 years of age.
Section 475A.465 - Prohibition against obfuscating mark or label or using mark or label to deceive.
Section 475A.468 - Requirement that psilocybin products comply with minimum standards.
Section 475A.471 - Other prohibitions.
Section 475A.477 - Grounds for revocation, suspension or restriction of license.
Section 475A.480 - Permit required to perform work for or on behalf of licensee.
Section 475A.483 - Issuing, renewing permits; fees; rules.
Section 475A.489 - Whistleblower protection for employees.
Section 475A.495 - Prohibition against person under 21 years of age entering premises; penalty.
Section 475A.504 - Prohibition regarding person who is visibly intoxicated; penalty.
Section 475A.507 - Prohibition against giving psilocybin product as prize; penalty.
Section 475A.521 - Penalty for violation of rule adopted under ORS 475A.235.
Section 475A.530 - Local time, place and manner regulations.
Section 475A.534 - Local tax or fee; referral to electors for approval.
Section 475A.538 - Repeal of city, county ordinance that prohibits certain establishments.
Section 475A.570 - Psilocybin-producing fungi as crop; exceptions to permitted uses.
Section 475A.582 - Oregon Health Authority hotline for verification of license.
Section 475A.586 - Certain information related to licensure exempt from disclosure.
Section 475A.590 - Testing standards and processes; rules.
Section 475A.594 - Laboratory licensure; qualifications; fees; rules.
Section 475A.598 - Authority to require fingerprints of applicants and other individuals.
Section 475A.602 - Statement of applicant for license under ORS 475A.594.
Section 475A.606 - Laboratory accreditation; qualifications; fees.
Section 475A.614 - Authority of Oregon Health Authority over certain persons, license actions.
Section 475A.618 - Civil penalty for violating ORS 475A.590 to 475A.622.
Section 475A.626 - Labeling requirements; rules.
Section 475A.630 - Authority to require preapproval of labels; fees.
Section 475A.634 - Packaging requirements; rules.
Section 475A.638 - Authority to require preapproval of packaging; fees.
Section 475A.642 - Concentration and servings limits; rules.
Section 475A.654 - Civil penalty for violating ORS 475A.626 to 475A.654.
Section 475A.658 - Definitions for ORS 475A.658 to 475A.714.
Section 475A.662 - Imposition of tax on retail sale of psilocybin products.
Section 475A.666 - Collection of tax; refund; credit; penalties.
Section 475A.670 - Psilocybin revenue estimate.
Section 475A.678 - Duty to keep receipts, invoices and other records.
Section 475A.682 - Authority to require production of books, papers, accounts and other information.
Section 475A.686 - Disclosure of information.
Section 475A.694 - Duty to return excess tax collected.
Section 475A.702 - Duties and powers of Department of Revenue; rules; interagency cooperation.
Section 475A.710 - Oregon Psilocybin Account.
Section 475A.718 - Adoption of ordinances; referral to electors for approval.