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8 LONG TITLE
9 General Description:
10 This bill authorizes the production and medical use of psilocybin in the state.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ authorizes the production of psilocybin and psilocybin products;
15 ▸ requires the Department of Agriculture and Food (UDAF) to regulate psilocybin
16 production establishments;
17 ▸ authorizes the Department of Health and Human Services (DHHS) to register
18 psilocybin medical providers and therapy providers;
19 ▸ allows an individual who is at least 21 years old to receive a psilocybin treatment
20 directly from a psilocybin therapy provider;
21 ▸ caps the number of individuals who may receive a psilocybin treatment;
22 ▸ decriminalizes psilocybin possession under certain circumstances;
23 ▸ creates a repeal date with legislative review; and
24 ▸ modifies the uses of certain statutorily created funds overseen by UDAF and DHHS.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 4-41a-104, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
32 26-61a-109, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
33 30-3-10, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
34 31A-22-1016, as enacted by Laws of Utah 2019, Chapter 341
35 52-4-205, as last amended by Laws of Utah 2022, Chapters 237, 290, 332, 335, 422,
36 and 478
37 58-31b-305, as last amended by Laws of Utah 2019, Chapter 447
38 58-60-205.5, as enacted by Laws of Utah 2010, Chapter 214
39 58-61-306, as enacted by Laws of Utah 1994, Chapter 32
40 58-67-304, as last amended by Laws of Utah 2020, Chapters 12, 339
41 58-68-304, as last amended by Laws of Utah 2020, Chapters 12, 339
42 58-70a-303, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
43 63I-1-204, as last amended by Laws of Utah 2022, Chapter 84
44 63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
45 347, and 451
46 ENACTS:
47 4-41c-101, Utah Code Annotated 1953
48 4-41c-102, Utah Code Annotated 1953
49 4-41c-103, Utah Code Annotated 1953
50 4-41c-104, Utah Code Annotated 1953
51 4-41c-105, Utah Code Annotated 1953
52 4-41c-201, Utah Code Annotated 1953
53 4-41c-202, Utah Code Annotated 1953
54 4-41c-203, Utah Code Annotated 1953
55 4-41c-204, Utah Code Annotated 1953
56 4-41c-205, Utah Code Annotated 1953
57 4-41c-206, Utah Code Annotated 1953
58 4-41c-301, Utah Code Annotated 1953
59 4-41c-302, Utah Code Annotated 1953
60 4-41c-401, Utah Code Annotated 1953
61 4-41c-402, Utah Code Annotated 1953
62 4-41c-403, Utah Code Annotated 1953
63 4-41c-404, Utah Code Annotated 1953
64 4-41c-405, Utah Code Annotated 1953
65 4-41c-406, Utah Code Annotated 1953
66 4-41c-501, Utah Code Annotated 1953
67 4-41c-502, Utah Code Annotated 1953
68 4-41c-503, Utah Code Annotated 1953
69 4-41c-601, Utah Code Annotated 1953
70 4-41c-602, Utah Code Annotated 1953
71 4-41c-701, Utah Code Annotated 1953
72 26B-4-901, Utah Code Annotated 1953
73 26B-4-902, Utah Code Annotated 1953
74 26B-4-903, Utah Code Annotated 1953
75 26B-4-904, Utah Code Annotated 1953
76 26B-4-905, Utah Code Annotated 1953
77 26B-4-906, Utah Code Annotated 1953
78 26B-4-907, Utah Code Annotated 1953
79 26B-4-908, Utah Code Annotated 1953
80 26B-4-909, Utah Code Annotated 1953
81 26B-4-910, Utah Code Annotated 1953
82 26B-4-911, Utah Code Annotated 1953
83 26B-4-912, Utah Code Annotated 1953
84 26B-4-913, Utah Code Annotated 1953
85 26B-4-914, Utah Code Annotated 1953
86 26B-4-915, Utah Code Annotated 1953
87 26B-4-916, Utah Code Annotated 1953
88 58-37-3.1, Utah Code Annotated 1953
89
90 Be it enacted by the Legislature of the state of Utah:
91 Section 1. Section 4-41a-104 is amended to read:
92
93 4-41a-104. Qualified Production Enterprise Fund -- Creation -- Revenue
94 neutrality.
95 (1) There is created an enterprise fund known as the "Qualified Production Enterprise
96 Fund."
97 (2) The fund created in this section is funded from:
98 (a) money the department deposits into the fund under:
99 (i) this chapter; and
100 (ii) Chapter 41c, Psilocybin Production Act;
101 (b) appropriations the Legislature makes to the fund; and
102 (c) the interest described in Subsection (3).
103 (3) Interest earned on the Qualified Production Enterprise Fund shall be deposited into
104 the fund.
105 (4) The department may only use money in the fund to fund the department's
106 implementation of this chapter and Chapter 41c, Psilocybin Production Act.
107 (5) The department shall set fees authorized under this chapter and Chapter 41c,
108 Psilocybin Production Act in amounts that the department anticipates are necessary, in total, to
109 cover the department's cost to implement this chapter and Chapter 41c, Psilocybin Production
110 Act.
111 Section 2. Section 4-41c-101 is enacted to read:
112
113
114 4-41c-101. Definitions.
115 (1) "Active psilocybin" means the psychoactive chemical with the Chemical Abstracts
116 Service Registry Number 520-52-5.
117 (2) "Adulterant" means any poisonous or deleterious substance in a quantity that may
118 be injurious to health, including:
119 (a) pesticides;
120 (b) heavy metals;
121 (c) solvents;
122 (d) microbial life;
123 (e) toxins;
124 (f) foreign matter; and
125 (g) synthetics.
126 (3) "Community location" means a public or private elementary or secondary school, a
127 church, a public library, a public playground, or a public park.
128 (4) "Cultivation space" means, quantified in square feet, the horizontal area in which a
129 psilocybin cultivation facility cultivates psilocybin, including each level of horizontal area if
130 the psilocybin cultivation facility hangs, suspends, stacks, or otherwise positions plants above
131 other plants in multiple levels.
132 (5) "Family member" means a parent, step-parent, spouse, child, sibling, step-sibling,
133 uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
134 sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
135 (6) "Independent psilocybin testing laboratory" means a person that:
136 (a) conducts a chemical or other analysis of psilocybin or psilocybin product; or
137 (b) acquires, possesses, and transports psilocybin or psilocybin product with the intent
138 to conduct a chemical or other analysis of the psilocybin or psilocybin product.
139 (7) "Independent psilocybin testing laboratory agent" means an individual who holds a
140 valid psilocybin production establishment agent registration card with a psilocybin testing
141 laboratory designation.
142 (8) "Inventory control system" means a system described in Section 4-41c-103.
143 (9) "Licensing board" means the Psilocybin Production Establishment Licensing Board
144 created in Section 4-41c-101.
145 (10) "Patient" means an individual for whom a qualified medical psilocybin provider
146 recommends psilocybin.
147 (11) "Psilocybin" means any fresh mushroom containing psilocybin or psilocin.
148 (12) (a) "Psilocybin biomass" means any part of a psilocybin-containing fungus.
149 (b) "Psilocybin biomass" includes any part of the psilocybin-containing fungus that is:
150 (i) intended for sale; or
151 (ii) a psilocybin byproduct.
152 (13) "Psilocybin byproduct" means any portion of a psilocybin-containing fungus
153 which is not used or intended for sale.
154 (14) "Psilocybin cultivation facility" means a person that:
155 (a) possesses psilocybin;
156 (b) grows or intends to grow psilocybin; and
157 (c) sells or intends to sell psilocybin to a qualified therapy provider.
158 (15) "Psilocybin cultivation facility agent" means an individual who holds a valid
159 psilocybin production establishment agent registration card with a cultivation facility
160 designation.
161 (16) "Psilocybin product" means any portion of a psilocybin-containing mushroom
162 that:
163 (a) has been dried; and
164 (b) is intended for oral consumption by a patient.
165 (17) "Psilocybin production establishment" means a psilocybin cultivation facility or an
166 independent psilocybin testing laboratory.
167 (18) "Psilocybin production establishment agent registration card" means a registration
168 card that the department issues that:
169 (a) authorizes an individual to act as a psilocybin production establishment agent; and
170 (b) designates the type of psilocybin production establishment for which an individual
171 is authorized to act as an agent.
172 (19) "Qualified medical psilocybin provider" means the same as that term is defined in
173 Section 26B-4-901.
174 (20) "Qualified therapy provider" means the same as that term is defined in Section
175 26B-4-901.
176 (21) "Qualified therapy provider location" means the same as that term is defined in
177 Section 26B-4-901.
178 Section 3. Section 4-41c-102 is enacted to read:
179 4-41c-102. Inventory control system.
180 (1) Each psilocybin production establishment and qualified therapy provider shall
181 maintain an inventory control system that meets the requirements of this section.
182 (2) Each psilocybin production establishment and qualified therapy provider shall
183 ensure that the inventory control system:
184 (a) tracks psilocybin and psilocybin product using a unique identifier, in real time, from
185 the time psilocybin is ready to be harvested;
186 (b) maintains in real time a record of the amount of psilocybin or psilocybin product in
187 the possession of the establishment or provider;
188 (c) includes a video recording system that:
189 (i) tracks all handling and processing of psilocybin or psilocybin product in the
190 establishment or provider location;
191 (ii) is tamper proof; and
192 (iii) stores a video record for at least 45 days.
193 (3) A psilocybin production establishment or qualified therapy provider shall allow the
194 following to access the establishment's or provider's inventory control system at any time:
195 (a) the department;
196 (b) the Department of Health and Human Services; and
197 (c) a financial institution that the Division of Finance validates, in accordance with
198 Subsection (6).
199 (4) The department may establish compatibility standards for an inventory control
200 system by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
201 Rulemaking Act.
202 (5) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
203 Administrative Rulemaking Act, establishing requirements for aggregate or batch records
204 regarding the planting and propagation of psilocybin before being tracked in an inventory
205 control system described in this section.
206 (6) The Division of Finance shall, in consultation with the state treasurer:
207 (a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
208 Rulemaking Act, to:
209 (i) establish a process for validating financial institutions for access to an inventory
210 control system in accordance with Subsections (2) and (7); and
211 (ii) establish qualifications for the validation described in Subsection (6)(a)(i);
212 (b) review an application received by the Division of Finance in accordance with the
213 process established under Subsection (6)(a);
214 (c) validate a financial institution that meets the qualifications described in Subsection
215 (6)(a); and
216 (d) provide a list of validated financial institutions to the department and the
217 Department of Health and Human Services.
218 (7) A financial institution that the Division of Finance validates under Subsection (6):
219 (a) may only access an inventory control system for the purpose of reconciling
220 transactions and other financial activity of the psilocybin production establishments that use
221 financial services that the financial institution provides;
222 (b) may only access information related to financial transactions; and
223 (c) may not access any identifying patient information.
224 Section 4. Section 4-41c-103 is enacted to read:
225 4-41c-103. Severability clause.
226 (1) If a final decision of a court of competent jurisdiction holds invalid any provision
227 of this chapter or the application of any provision of this chapter to any person or circumstance,
228 the remaining provisions of this chapter remain effective without the invalidated provision or
229 application.
230 (2) The provisions of this chapter are severable.
231 Section 5. Section 4-41c-104 is enacted to read:
232 4-41c-104. Notice to prospective and current public employees.
233 (1) Before giving a current employee an assignment or duty that arises from or directly
234 relates to an obligation under this chapter or hiring a prospective employee whose assignments
235 or duties would include an assignment or duty that arises from or directly relates to an
236 obligation under this chapter, a state employer or a political subdivision employer shall give the
237 employee a written notice stating that:
238 (a) the employee's or prospective employee's job duties may require the employee or
239 prospective employee to engage in conduct which is in violation of the criminal laws of the
240 United States; and
241 (b) in accepting a job or undertaking a duty described in this subsection, although the
242 employee or prospective employee is entitled to the protection of Title 67, Chapter 21, Utah
243 Protection of Public Employees Act, the employee may not object or refuse to carry out an
244 assignment or duty that may be a violation of the criminal laws of the United States with
245 respect to the manufacture, sale, or distribution of psilocybin.
246 (2) The Division of Human Resources Management shall create, revise, and publish
247 the form of the notice described in Subsection (1)(a).
248 (3) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice
249 described in Subsection (1) may not:
250 (a) claim in good faith that the employee's actions violate or potentially violate the laws
251 of the United States with respect to the manufacture, sale, or distribution of psilocybin; or
252 (b) refuse to carry out a directive that the employee reasonably believes violates the
253 criminal laws of the United States with respect to the manufacture, sale, or distribution of
254 psilocybin.
255 (4) An employer of an employee who has signed the notice described in Subsection
256 (1)(a) may not take retaliatory action as defined in Section 67-19a-101 against a current
257 employee who refuses to sign the notice described in Subsection (1)(a).
258 Section 6. Section 4-41c-105 is enacted to read:
259 4-41c-105. Rulemaking.
260 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
261 department:
262 (1) may make rules to implement this chapter; and
263 (2) shall make rules when required by this chapter.
264 Section 7. Section 4-41c-201 is enacted to read:
265
266 4-41c-201. Psilocybin Production Establishment Licensing Board.
267 (1) There is created within the department the Psilocybin Production Establishment
268 Licensing Board.
269 (2) (a) The commissioner shall:
270 (i) appoint the members of the board;
271 (ii) submit the name of each individual that the commissioner appoints under
272 Subsection (2)(a) to the governor for confirmation or rejection; and
273 (iii) if the governor rejects an appointee that the commissioner submits under
274 Subsection (2)(b), appoint another individual in accordance with Subsection (2).
275 (b) Except as provided in Subsection (3)(c), the board shall consist of six members
276 consisting of:
277 (i) one member of the public with knowledge of psilocybin;
278 (ii) one member with knowledge and experience in the pharmaceutical or nutraceutical
279 manufacturing industry;
280 (iii) one member representing law enforcement;
281 (iv) one member who is a chemist or researcher with experience in manufacturing and
282 who is associated with a research university;
283 (v) one member who has a background in fungus or mushroom cultivation and
284 processing; and
285 (vi) the commissioner or the commissioner's designee, as a non-voting member, except
286 to cast a deciding vote in the event of a tie.
287 (c) The commissioner or the commissioner's designee shall serve as the chair of the
288 board.
289 (d) An individual is not eligible for appointment to be a member of the board if the
290 individual:
291 (i) has any commercial or ownership interest in a psilocybin production establishment;
292 (ii) has an owner, officer, director, or employee whose family member holds a license
293 or has an interest in a psilocybin production establishment; or
294 (iii) is employed or contracted to lobby on behalf of any psilocybin production
295 establishment.
296 (3) (a) Except as provided in Subsection (3)(b), a voting board member shall serve a
297 term of four years, beginning July 1 and ending June 30.
298 (b) Notwithstanding Subsection (3)(a), for the initial appointments to the board, the
299 commissioner shall stagger the length of the terms of board members to ensure that the
300 commissioner appoints two or three board members every two years.
301 (c) As a board member's term expires:
302 (i) the board member is eligible for reappointment; and
303 (ii) the commissioner shall make an appointment, in accordance with Subsection (2),
304 for the new term before the end of the member's term.
305 (d) When a vacancy occurs on the board for any reason other than the expiration of a
306 board member's term, the commissioner shall appoint a replacement to the vacant position, in
307 accordance with Subsection (2), for the unexpired term.
308 (e) In making appointments, the commissioner shall ensure that no two members of the
309 board are employed by or represent the same company or nonprofit organization.
310 (f) The commissioner may remove a board member for cause, neglect of duty,
311 inefficiency, or malfeasance.
312 (4) (a) Four members of the board constitute a quorum of the board.
313 (b) An action of the majority of the board members when a quorum is present
314 constitutes an action of the board.
315 (c) The department shall provide staff support to the board.
316 (d) A member of the board may not receive compensation or benefits for the member's
317 service, but may receive per diem and travel expenses in accordance with:
318 (i) Section 63A-3-106;
319 (ii) Section 63A-3-107; and
320 (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
321 63A-3-107.6.
322 (5) The board shall:
323 (a) meet as called by the chair to review psilocybin production establishment license
324 applications;
325 (b) review each license application for compliance with:
326 (i) this chapter; and
327 (ii) department rules;
328 (c) conduct a public hearing to consider a license application;
329 (d) approve the department's license application forms and checklists; and
330 (e) make a determination on each license application.
331 (6) The board shall hold a public hearing to review a psilocybin production
332 establishment's license if the establishment:
333 (a) changes ownership by an interest of at least 20%;
334 (b) changes location; and
335 (c) as necessary based on the recommendation of the department.
336 (7) (a) The board shall meet annually in December to consider psilocybin production
337 establishment license renewal applications.
338 (b) During the meeting described in Subsection (7)(a):
339 (i) a representative from each applicant for renewal shall:
340 (A) attend in person or electronically; or
341 (B) submit information before the meeting, as the board may require, for the board's
342 consideration; and
343 (ii) the board shall consider, for each psilocybin cultivation facility seeking renewal,
344 information related to the license renewal, including:
345 (A) the amount of biomass the licensee produces during the current calendar year;
346 (B) the amount of biomass the licensee projects to produce during the following year;
347 (C) the current square footage of growing area the licensee uses; and
348 (D) the square footage of growing area the licensee projects to use in the following
349 year.
350 (c) The information a licensee or license applicant provides to the board for a license
351 determination constitutes a protected record under Subsection 63G-2-305(1) or (2) if the
352 applicant or licensee provides the board with the information regarding business confidentiality
353 required in Section 63G-2-309.
354 Section 8. Section 4-41c-202 is enacted to read:
355 4-41c-202. Psilocybin production establishment-- License.
356 (1) A person may not operate a psilocybin production establishment without a license
357 that the licensing board issues under this chapter.
358 (2) (a) Subject to this section and Section 4-41c-206, the department, through the
359 licensing board, shall issue licenses in accordance with Section 4-41c-201.
360 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
361 department shall make rules to specify a transparent and efficient process to:
362 (i) solicit applications for a license under this section;
363 (ii) allow for comments and questions in the development of applications;
364 (iii) timely and objectively evaluate applications; and
365 (iv) hold public hearings that the department deems appropriate.
366 (c) The licensing board may not issue a license to operate a psilocybin production
367 establishment to an applicant who is not eligible for a license under this section.
368 (d) An applicant is eligible for a license under this section if the applicant submits to
369 the licensing board:
370 (i) subject to Subsection (2)(e) and in accordance with Subsection 4-41c-406(2)(a), the
371 following information regarding:
372 (A) for an independent psilocybin testing laboratory license, the proposed name and the
373 address where the laboratory will be located; or
374 (B) for a psilocybin cultivation facility license, the proposed name and the address
375 where the facility will be located;
376 (ii) the name and address of any individual who has:
377 (A) for a publicly traded company, a financial or voting interest of 2% or greater in the
378 proposed psilocybin production establishment;
379 (B) for a privately held company, a financial or voting interest in the proposed
380 psilocybin production establishment; or
381 (C) the power to direct the management or control of a proposed psilocybin production
382 establishment;
383 (iii) an operating plan that:
384 (A) complies with Section 4-41c-205;
385 (B) includes operating procedures that comply with this chapter and any law the
386 municipality or county in which the person is located adopts that is consistent with Section
387 4-41c-406; and
388 (C) the department or licensing board approves;
389 (iv) a statement that the applicant will obtain and maintain a performance bond that a
390 surety authorized to transact surety business in the state issues in an amount of at least:
391 (A) $100,000 for each psilocybin cultivation facility license for which the applicant
392 applies; or
393 (B) $50,000 for each independent psilocybin testing laboratory license for which the
394 applicant applies;
395 (v) an application fee in an amount that, subject to Subsection 4-41a-104(5), the
396 department sets in accordance with Section 63J-1-504; and
397 (vi) a description of any investigatory or adverse action taken by a licensing
398 jurisdiction, government agency, law enforcement agency, or court in any state for any
399 violation or detrimental conduct in relation to any of the applicant's psilocybin-related
400 operations or businesses.
401 (e) (i) A person may not locate a psilocybin production establishment:
402 (A) within 1,000 feet of a community location; or
403 (B) in or within 500 feet of a district that the relevant municipality or county has zoned
404 as primarily residential.
405 (ii) The proximity requirements described in Subsection (2)(e)(i) shall be measured
406 from the nearest entrance to the psilocybin production establishment by following the shortest
407 route of ordinary pedestrian travel to the property boundary of the community location or
408 residential area.
409 (iii) The licensing board may grant a waiver to reduce the proximity requirements in
410 Subsection (2)(e)(i) by up to 20% if the licensing board determines that it is not reasonably
411 feasible to the applicant to site the proposed psilocybin production establishment without the
412 waiver.
413 (iv) An applicant for a license under this section shall provide evidence of compliance
414 with the proximity requirements described in Subsection (2)(e).
415 (3) If the licensing board approves an application for a license under this section:
416 (a) the applicant shall pay the department an initial license fee in an amount that,
417 subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504;
418 and
419 (b) the department shall notify the Department of Public Safety of the license approval
420 and the names of each individual described in Subsection (2)(d)(ii).
421 (4) A psilocybin production establishment may be located at the same location as a
422 cannabis production establishment if a separate license is obtained for each.
423 (5) If the licensing board receives more than one application for a psilocybin
424 production establishment within the same city or town, the licensing board shall consult with
425 the local land use authority before approving any of the applications pertaining to that city or
426 town.
427 (6) The licensing board may not issue a license to operate an independent psilocybin
428 testing laboratory to a person who:
429 (a) holds a license or has an ownership interest to operate a psilocybin cultivation
430 facility;
431 (b) has an owner, officer, director, or employee whose family member holds a license
432 or has an ownership interest in a psilocybin cultivation facility; or
433 (c) proposes to operate the independent psilocybin testing laboratory at the same
434 location as a psilocybin cultivation facility.
435 (7) The license board may not issue a license to operate a psilocybin production
436 establishment to an applicant if any individual described in Subsection (2)(d)(ii):
437 (a) has been convicted under state or federal law of:
438 (i) a felony; or
439 (ii) a misdemeanor for drug distribution; or
440 (b) is younger than 21 years old.
441 (8) If an applicant for a psilocybin production establishment license under this section
442 holds a license under Title 4, Chapter 41a, Cannabis Production Establishments, the licensing
443 board may give preference to the applicant if:
444 (a) the applicant demonstrates that a decrease in psilocybin costs to patients is more
445 likely to result from efficiencies and economies of scale than from a more competitive
446 marketplace; and
447 (b) the licensing board finds other factors which also support granting the new license.
448 (9) The licensing board may revoke a license under this part:
449 (a) if the psilocybin production establishment does not begin operations within one
450 year after the day on which the licensing board issues the initial license;
451 (b) after the third of the same violation of this chapter in any of the licensees licensed
452 psilocybin production establishments;
453 (c) if any individual described in Subsection (2)(d)(ii) is convicted, while the license is
454 active, under state or federal law of:
455 (i) a felony; or
456 (ii) a misdemeanor for drug distribution;
457 (d) if the licensee fails to provide the information described in Subsection (2)(d)(vi) at
458 the time of application, or fails to supplement the information described in Subsection
459 (2)(d)(vi) with any investigation or adverse action that occurs after the submission of the
460 application within 14 calendar days after the day on which the licensee receives notice of the
461 investigation or adverse action;
462 (e) if the psilocybin production establishment demonstrates a willful or reckless
463 disregard for the requirements of this chapter or the rules the department makes in accordance
464 with this chapter;
465 (f) if after a change of ownership described in Subsection (18), the board determines
466 that the psilocybin production establishment no longer meets the minimum standards for
467 licensure and operation of the psilocybin production establishment described in the chapter; or
468 (g) for an independent psilocybin testing laboratory, if the independent psilocybin
469 testing laboratory fails to substantially meet the performance standards described in
470 Subsections (15) and (16).
471 (10) If the municipality or county where the licensed psilocybin production
472 establishment will be located requires a local land use permit, a person who receives a
473 psilocybin production establishment license under this chapter shall submit to the licensing
474 board a copy of the licensee's approved land use permit within 120 days after the day on which
475 the licensing board issues the license.
476 (11) The department shall deposit the proceeds of a fee imposed under this section into
477 the Qualified Production Enterprise Fund.
478 (12) The department shall begin accepting applications under this part on July 1, 2024.
479 (13) The licensing board's authority to issue a license under this section is plenary and
480 is not subject to review.
481 (14) (a) Notwithstanding this section, the licensing board may not issue more than four
482 licenses to operate an independent psilocybin testing laboratory.
483 (b) The department may operate or partner with a research university to operate an
484 independent psilocybin testing laboratory.
485 (c) If the department operates or partners with a research university to operate an
486 independent psilocybin testing laboratory, the department may not cease operating or
487 partnering with a research university to operate the independent psilocybin testing laboratory
488 unless:
489 (i) the department issues at least two licenses to independent psilocybin laboratories;
490 and
491 (ii) the department has ensured that the licensed independent psilocybin testing
492 laboratories have sufficient capacity to provide the testing necessary to support the state's
493 medical psilocybin market.
494 (d) The department shall resume independent psilocybin testing laboratory operations
495 at any time if:
496 (i) the department at any time operated or partnered with a research university to
497 operate an independent psilocybin testing laboratory under Subsection (14)(b); and
498 (ii) (A) fewer than two licensed independent psilocybin testing laboratories are
499 operating; or
500 (B) as determined by the department, the licensed independent psilocybin testing
501 laboratories become unable to fully meet the market demand for testing.
502 (15) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
503 Administrative Rulemaking Act, to establish performance standards for the operation of an
504 independent psilocybin testing laboratory, including deadlines for testing completion.
505 (16) A license that the licensing board issues to an independent psilocybin testing
506 laboratory is contingent upon substantial satisfaction of the performance standards described in
507 Subsection (15), as determined by the board.
508 (17) A psilocybin production establishment license is not transferable or assignable.
509 (18) (a) If ownership of a psilocybin production establishment changes by 50% or
510 more, the psilocybin production establishment shall submit a new application described in
511 Subsection (2)(d).
512 (b) Within 30 days of the submission of the application under Subsection (18)(a), the
513 board shall:
514 (i) conduct the application review described in Subsection 4-41c-201(6); and
515 (ii) award a license to the psilocybin production establishment for the remainder of the
516 term of the psilocybin production establishment's license before the ownership change if the
517 psilocybin production establishment meets the minimum standards for licensure and operation
518 described in this chapter.
519 (c) If the board approves the license application under Subsection (18)(b),
520 notwithstanding Subsection (3), the psilocybin production establishment shall pay a license fee
521 that the department sets in accordance with Section 63J-1-504 in an amount that covers the
522 board's cost of conducting the application review.
523 Section 9. Section 4-41c-203 is enacted to read:
524 4-41c-203. Psilocybin production establishment owners and directors -- Criminal
525 background checks.
526 (1) Each applicant for a license as a psilocybin production establishment shall submit
527 to the department, at the time of application, from each individual who has a financial or voting
528 interest of 2% or greater in the applicant or who has the power to direct or cause the
529 management or control of the applicant:
530 (a) a fingerprint card in a form acceptable to the Department of Public Safety;
531 (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
532 registration of the individual's fingerprints in the Federal Bureau of Investigation Next
533 Generation Identification System's Rap Back Service; and
534 (c) consent to a fingerprint background check by:
535 (i) the Utah Bureau of Criminal Identification; and
536 (ii) the Federal Bureau of Investigation.
537 (2) The Bureau of Criminal Identification shall:
538 (a) check the fingerprints the applicant submits under Subsection (1) against the
539 applicable state, regional, and national criminal records databases, including the Federal
540 Bureau of Investigation Next Generation Identification System;
541 (b) report the results of the background check to the department;
542 (c) maintain a separate file of fingerprints that applicants submit under Subsection (1)
543 for search by future submissions to the local and regional criminal records databases, including
544 latent prints;
545 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
546 Generation Identification System's Rap Back Service for search by future submissions to
547 national criminal records databases, including the Next Generation Identification System and
548 latent prints; and
549 (e) establish a privacy risk mitigation strategy to ensure that the department only
550 receives notification for an individual with whom the department maintains an authorizing
551 relationship.
552 (3) The department shall:
553 (a) assess an individual who submits fingerprints under Subsection (1) a fee in an
554 amount that the department sets in accordance with Section 63J-1-504 for the services that the
555 Bureau of Criminal Identification or another authorized agency provides under this section; and
556 (b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
557 Identification.
558 Section 10. Section 4-41c-204 is enacted to read:
559 4-41c-204. Renewal.
560 The licensing board shall renew a license issued under Section 4-41c-201 every year if:
561 (1) the licensee meets the requirements of Section 4-41c-202 at the time of renewal;
562 (2) the board does not identify:
563 (a) a significant failure of compliance with this chapter or department rules in the
564 review described in Section 4-41c-201; or
565 (b) grounds for revocation described in Subsection 4-41c-202(9);
566 (3) the licensee pays the department a license renewal fee in an amount that, subject to
567 Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and
568 (4) the department approves the new operating plan if the psilocybin production
569 establishment made changes to the operating plan described in Section 4-41c-205 that the
570 department or licensing board approved under Subsection 4-41c-202(2)(d)(iii).
571 Section 11. Section 4-41c-205 is enacted to read:
572 4-41c-205. Operating plan.
573 (1) A person applying for a psilocybin production establishment license or license
574 renewal shall submit to the department for the department's review a proposed operating plan
575 that complies with this section and that includes:
576 (a) a description of the physical characteristics of the proposed facility or, for a
577 psilocybin cultivation facility, no more than two facility locations, including a floor plan and an
578 architectural elevation;
579 (b) a description of the credentials and experience of:
580 (i) each officer, director, and owner of the proposed psilocybin production
581 establishment; and
582 (ii) any highly skilled or experienced prospective employee;
583 (c) the psilocybin production establishment's employee training standards;
584 (d) a security plan;
585 (e) a description of the psilocybin production establishment's inventory control system;
586 (f) storage protocols, to ensure that psilocybin is stored in a manner that is sanitary and
587 preserves the integrity of the psilocybin;
588 (g) for a psilocybin cultivation facility, the information described in Subsection (2);
589 and
590 (h) for an independent psilocybin testing laboratory, the information described in
591 Subsection (3).
592 (2) (a) A psilocybin cultivation facility shall ensure that the facility's operating plan
593 includes the facility's intended:
594 (i) psilocybin cultivation practices, including the facility's intended pesticide and
595 fertilizer use; and
596 (ii) square footage under cultivation and anticipated psilocybin yield.
597 (b) A psilocybin cultivation facility may not use more than 1,000 total square feet of
598 cultivation space.
599 (3) An independent psilocybin testing laboratory's operating plan shall include the
600 laboratory's intended:
601 (a) psilocybin and psilocybin product testing capacity;
602 (b) psilocybin and psilocybin product testing equipment; and
603 (c) testing methods, standards, practices, and procedures for testing psilocybin or
604 psilocybin product.
605 (4) Notwithstanding an applicant's proposed operating plan, a psilocybin production
606 establishment is subject to land use regulations, as described in Sections 10-9a-103 and
607 17-27a-103, regarding the availability of outdoor cultivation in an industrial zone.
608 Section 12. Section 4-41c-206 is enacted to read:
609 4-41c-206. Number of licenses for psilocybin cultivation facilities.
610 (1) Except as provided in Subsection (2), the licensing board may issue no more than
611 two licenses to operate a psilocybin cultivation facility.
612 (2) If the recipient of one of the initial licenses described in Subsection (1) ceases
613 operations for any reason or otherwise abandons the license, the licensing board may grant the
614 vacant license to another applicant.
615 (3) If there are more qualified applicants than the number of available licenses of
616 psilocybin cultivation facilities under Subsection (1), the licensing board shall evaluate the
617 applicants and award the limited number of licenses described in Subsection (1) to the
618 applicants that best demonstrate:
619 (a) experience with establishing and successfully operating a business that involves:
620 (i) complying with a regulatory environment;
621 (ii) tracking inventory; and
622 (iii) training, evaluating, and monitoring employees;
623 (b) an operating plan that will best ensure the safety and security of patrons and the
624 community;
625 (c) positive connections to the local community; and
626 (d) the extent to which the applicant can increase efficiency and reduce the cost to
627 patients of medical psilocybin.
628 (4) The licensing board may conduct a face-to-face interview with an applicant for a
629 license that the department evaluates under Subsection (3).
630 Section 13. Section 4-41c-301 is enacted to read:
631
632 4-41c-301. Psilocybin production establishment agent -- Registration.
633 (1) An individual may not act as a psilocybin production establishment agent unless the
634 department registers the individual as a psilocybin production establishment agent, regardless
635 of whether the individual is a seasonal, temporary, or permanent employee.
636 (2) The following individuals, regardless of the individual's status as a qualified
637 medical psilocybin provider, may not serve as a psilocybin production establishment agent,
638 have a financial or voting interest of 2% or greater in a psilocybin production establishment, or
639 have the power to direct or cause the management or control of a psilocybin production
640 establishment:
641 (a) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
642 Practice Act;
643 (b) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
644 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
645 (c) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
646 Act.
647 (3) An independent psilocybin testing laboratory agent may not act as an agent for a
648 psilocybin cultivation facility.
649 (4) (a) The department shall, within 15 business days after the day on which the
650 department receives a complete application from a psilocybin production establishment on
651 behalf of a prospective psilocybin production establishment agent, register and issue a
652 psilocybin production establishment agent registration card to the prospective agent if the
653 psilocybin production establishment:
654 (i) provides to the department:
655 (A) the prospective agent's name and address; and
656 (B) the submission required under Subsection (4)(b); and
657 (ii) pays a fee to the department in an amount that, subject to Subsection 4-41a-104(5),
658 the department sets in accordance with Section 63J-1-504.
659 (b) Each prospective agent described in Subsection (4)(a) shall:
660 (i) submit to the department:
661 (A) a fingerprint card in the form acceptable to the Department of Public Safety; and
662 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
663 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
664 Generation Identification System; and
665 (ii) consent to a fingerprint background check by:
666 (A) the Bureau of Criminal Identification; and
667 (B) the Federal Bureau of Investigation.
668 (c) The Bureau of Criminal Identification shall:
669 (i) check the fingerprints the prospective agent submits under Subsection (4)(b) against
670 the applicable state, regional, and national criminal records databases, including the Federal
671 Bureau of Investigation Next Generation Identification System;
672 (ii) report the results of the background check to the department;
673 (iii) maintain a separate file of fingerprints that prospective agents submit under
674 Subsection (4)(b) for search by future submissions to the local and regional criminal records
675 databases, including latent prints;
676 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
677 Generation Identification System's Rap Back Service for search by future submissions to
678 national criminal records databases, including the Next Generation Identification System and
679 latent prints; and
680 (v) establish a privacy risk mitigation strategy to ensure that the department only
681 receives notifications for an individual with whom the department maintains an authorizing
682 relationship.
683 (d) The department shall:
684 (i) assess an individual who submits fingerprints under Subsection (4)(b) a fee in an
685 amount that the department sets in accordance with Section 63J-1-504 for the services that the
686 Bureau of Criminal Identification or another authorized agency provides under this section; and
687 (ii) remit the fee described in Subsection (4)(d)(i) to the Bureau of Criminal
688 Identification.
689 (5) The department shall designate, on an individual's psilocybin production
690 establishment agent registration card the type of psilocybin production establishment for which
691 the individual is authorized to act as an agent.
692 (6) A psilocybin production establishment agent shall comply with:
693 (a) a certification standard that the department develops; or
694 (b) a certification standard that the department has reviewed and approved.
695 (7) The department shall ensure that the certification standard described in Subsection
696 (6) includes training:
697 (a) in Utah medical psilocybin law;
698 (b) for a psilocybin cultivation facility agent, in psilocybin cultivation best practices;
699 and
700 (c) for an independent psilocybin testing laboratory agent, in psilocybin testing best
701 practices.
702 (8) For an individual who holds or applies for a psilocybin production establishment
703 registration card:
704 (a) the department may revoke or refuse to issue the card if the individual violates the
705 requirements of this chapter; and
706 (b) the department shall revoke or refuse to issue the card if the individual is convicted
707 under state or federal law of:
708 (i) a felony; or
709 (ii) a misdemeanor for drug distribution.
710 (9) (a) A psilocybin production establishment agent registration card expires two years
711 after the day on which the department issues the card.
712 (b) A psilocybin production establishment agent may renew the agent's registration
713 card if the agent:
714 (i) is eligible for a psilocybin production establishment registration card under this
715 section;
716 (ii) certifies to the department in a renewal application that the information in
717 Subsection (4)(a) is accurate or updates the information; and
718 (iii) pays to the department a renewal fee in an amount that:
719 (A) subject to Subsection 4-41a-104(5), the department sets in accordance with Section
720 63J-1-504; and
721 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
722 comparison to the original application process.
723 Section 14. Section 4-41c-302 is enacted to read:
724 4-41c-302. Psilocybin production establishment agent registration card --
725 Rebuttable presumption.
726 (1) A psilocybin production establishment agent whom the department registers under
727 Section 4-41c-301 shall carry the individual's psilocybin production card with the agent at all
728 times when:
729 (a) the agent is on the premises of a psilocybin production establishment where the
730 agent is registered; or
731 (b) the agent is transporting psilocybin or psilocybin product between:
732 (i) two psilocybin production establishments; or
733 (ii) a psilocybin production establishment and a qualified therapy provider location.
734 (2) If a psilocybin production establishment agent possesses psilocybin or psilocybin
735 product and produces the registration card in the agent's possession in compliance with
736 Subsection (1) while handling, at a psilocybin production establishment, or transporting
737 psilocybin or psilocybin product in compliance with Subsection (1):
738 (a) there is a rebuttable presumption that the agent possesses the psilocybin or
739 psilocybin product legally; and
740 (b) a law enforcement officer does not have probable cause, based solely on the agent's
741 possession of the psilocybin or psilocybin product in compliance with Subsection (1), to
742 believe that the individual is engaging in illegal activity.
743 (3) (a) A psilocybin production establishment agent who fails to carry the agent's
744 psilocybin production establishment registration card in accordance with Subsection (1) is:
745 (i) for a first or second offense in a two-year period:
746 (A) guilty of an infraction; and
747 (B) subject to a $100 fine; or
748 (ii) for a third or subsequent offense in a two-year period:
749 (A) guilty of a class C misdemeanor; and
750 (B) subject to a $750 fine.
751 (b) The prosecuting entity shall notify the department and the relevant psilocybin
752 production establishment of each conviction under Subsection (3)(a).
753 (c) For each violation described in Subsection (3)(a)(ii), the department may assess the
754 relevant psilocybin production establishment a fine of up to $5,000, in accordance with a fine
755 schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
756 Administrative Rulemaking Act.
757 (d) An individual who is guilty of a violation described in Subsection (3)(a) is not
758 guilty for a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
759 underlying the violation described in Subsection (3)(a).
760 Section 15. Section 4-41c-401 is enacted to read:
761
762 4-41c-401. Psilocybin production establishment -- General operating
763 requirements.
764 (1) (a) A psilocybin production establishment shall operate in accordance with the
765 operating plan described in Section 4-41c-205.
766 (b) A psilocybin production establishment shall notify the department before a change
767 in the psilocybin production establishment's operating plan.
768 (c) If a psilocybin production establishment changes the psilocybin production
769 establishment's operating plan, the psilocybin production establishment shall ensure that the
770 new operating plan complies with this chapter.
771 (d) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
772 Utah Administrative Rulemaking Act, a process to:
773 (i) review a change notification described in Subsection (1)(b);
774 (ii) identify for the psilocybin production establishment each point of noncompliance
775 between the new operating plan and this chapter;
776 (iii) provide an opportunity for the psilocybin production establishment to address each
777 identified point of noncompliance; and
778 (iv) suspend or revoke a license if the psilocybin production establishment fails to cure
779 the noncompliance.
780 (2) A psilocybin production establishment shall operate:
781 (a) except as provided in Subsection (5), in a facility that is accessible only by an
782 individual with a valid psilocybin production establishment agent registration card issued under
783 Section 4-41c-301; and
784 (b) at the physical address provided to the department under Subsection
785 4-41c-202(2)(d)(i).
786 (3) A psilocybin production establishment may not employ an individual who is
787 younger than 21 years old.
788 (4) A psilocybin production establishment may not employ an individual who has been
789 convicted, under state or federal law, of:
790 (a) a felony; or
791 (b) a misdemeanor for drug distribution.
792 (5) A psilocybin production establishment may authorize an individual who is at least
793 18 years old and is not a psilocybin production establishment agent to access the psilocybin
794 production establishment if the psilocybin production establishment:
795 (a) tracks and monitors the individual at all times while the individual is at the
796 psilocybin production establishment; and
797 (b) maintains a record of the individual's access, including arrival and departure.
798 (6) A psilocybin production establishment shall operate in a facility that has:
799 (a) a single, secure public entrance; and
800 (b) a security system with a backup power source that:
801 (i) detects and records entry into the psilocybin production establishment;
802 (ii) provides notice of an unauthorized entry to law enforcement when the psilocybin
803 production establishment is closed; and
804 (iii) has a lock or equivalent restrictive security feature on any area where the
805 psilocybin production establishment stores psilocybin or a psilocybin product.
806 Section 16. Section 4-41c-402 is enacted to read:
807 4-41c-402. Inspections.
808 (1) The department may inspect the records and facility of a psilocybin production
809 establishment at any time during business hours to determine if the psilocybin production
810 establishment complies with this chapter.
811 (2) (a) An inspection under this section may include:
812 (i) inspection of a site, facility, vehicle, book, record, paper, document, data, and other
813 physical or electronic information;
814 (ii) questioning of any relevant individual;
815 (iii) observation of an independent psilocybin testing laboratory's methods, standards,
816 practices, and procedures;
817 (iv) the taking of a specimen of psilocybin or psilocybin product sufficient for testing
818 purposes; or
819 (v) inspection of equipment, an instrument, a tool, or machinery, including a container
820 or label.
821 (b) Notwithstanding Section 4-41c-404, an authorized department employee may
822 possess and transport a specimen of psilocybin or psilocybin product for testing described in
823 Subsection (2)(a).
824 (3) In making an inspection under this section, the department may freely access any
825 area and review and make copies of a book, record, paper, document, data, or other physical or
826 electrical information, including financial data, sales data, shipping data, pricing data, and
827 employee data.
828 (4) Failure to provide the department or the department's authorized agents immediate
829 access to the records and facilities during business hours in accordance with this section may
830 result in:
831 (a) the imposition of a civil monetary penalty that the department sets in accordance
832 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
833 (b) license or registration suspension or revocation; or
834 (c) an immediate cessation of operations under a cease and desist order that the
835 department issues.
836 Section 17. Section 4-41c-403 is enacted to read:
837 4-41c-403. Advertising.
838 (1) Except as provided in this section, a psilocybin production establishment may not
839 advertise to the general public in any medium.
840 (2) A psilocybin production establishment may advertise an employment opportunity at
841 the psilocybin production establishment.
842 (3) A psilocybin production establishment may maintain a website that:
843 (a) contains information about the psilocybin production establishment and employees;
844 and
845 (b) does not advertise any medical psilocybin or psilocybin product.
846 (4) (a) Notwithstanding any municipal or county ordinance prohibiting signage, a
847 psilocybin production establishment may use signage on the outside of the psilocybin
848 production establishment that:
849 (i) includes, only in accordance with Subsection (4)(b), the psilocybin production
850 establishment's name, logo, and hours of operation; and
851 (ii) complies with local ordinances regulating signage.
852 (b) The department shall define standards for a psilocybin production establishment's
853 name and logo to ensure a medical rather than recreational disposition.
854 Section 18. Section 4-41c-404 is enacted to read:
855 4-41c-404. Medical psilocybin transportation.
856 (1) Only the following individuals may transport psilocybin or a psilocybin product:
857 (a) a registered psilocybin production establishment agent;
858 (b) a qualified therapy provider; or
859 (c) a registered qualified therapy provider agent.
860 (2) An individual transporting psilocybin or psilocybin product under this chapter
861 shall:
862 (a) be employed by the person authorizing the transportation; and
863 (b) possess a transportation manifest that:
864 (i) includes a unique identifier that links the psilocybin or psilocybin product to a
865 relevant inventory control system;
866 (ii) includes origin and destination information for any psilocybin or psilocybin product
867 that the individual is transporting; and
868 (iii) identifies the departure and arrival times of the individual transporting the
869 psilocybin or psilocybin product.
870 (3) (a) It is unlawful for a registered psilocybin production establishment to make a
871 transport described in this section with a manifest that does not meet the requirements of this
872 section.
873 (b) Except as provided in Subsection (3)(d), an agent who violates Subsection (3)(a) is:
874 (i) guilty of an infraction; and
875 (ii) subject to a $100 fine.
876 (c) An individual who is guilty of a violation described in Subsection (3)(b) is not
877 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
878 underlying the violation described in Subsection (3)(b).
879 (d) If the agent described in Subsection (2) is transporting more psilocybin or
880 psilocybin product than the manifest identifies, except for a de minimis administrative error:
881 (i) the penalty described in Subsection (3)(b) does not apply; and
882 (ii) the agent is subject to penalties under Title 58, Chapter 37, Utah Controlled
883 Substances Act.
884 (4) Nothing in this section prevents the department from taking administrative
885 enforcement action against a psilocybin production establishment or another person for failing
886 to make a transport in compliance with this section.
887 Section 19. Section 4-41c-405 is enacted to read:
888 4-41c-405. Excess and disposal.
889 (1) As used in the section, "psilocybin waste" means waste and unused material from
890 the cultivation and production of psilocybin or psilocybin product under this chapter.
891 (2) A psilocybin production establishment shall:
892 (a) render psilocybin waste unusable and unrecognizable before transporting it from the
893 psilocybin production establishment; and
894 (b) dispose of psilocybin waste in accordance with:
895 (i) federal and state laws, rules, and regulation related to hazardous waste;
896 (ii) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
897 (iii) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
898 (iv) other regulations that the department makes in accordance with Title 63G, Chapter
899 3, Utah Administrative Rulemaking Act.
900 (3) An individual may not transport or dispose of medical psilocybin waste other than
901 as provided in this section.
902 Section 20. Section 4-41c-406 is enacted to read:
903 4-41c-406. Local control.
904 (1) As used in this section:
905 (a) "Land use decision" means the same as that term is defined in Sections 10-9a-103
906 and 17-27a-103.
907 (b) "Land use permit" means the same as that term is defined in Sections 10-9a-103
908 and 17-27a-103.
909 (c) "Land use regulation" means the same as that term is defined in Sections 10-9a-103
910 and 17-271-103.
911 (2) (a) If a municipality's or a county's zoning ordinances provide for an industrial
912 zone, the operation of a psilocybin production establishment shall be a permitted industrial use
913 in any industrial zone unless the municipality or county has designated by ordinance, before an
914 individual submits a land use permit application for a psilocybin production establishment, at
915 least one industrial zone in which the operation of a psilocybin production establishment is a
916 permitted use.
917 (b) If a municipality's or county's zoning ordinance provides for an agricultural zone,
918 the operation of a psilocybin production establishment shall be a permitted agricultural use in
919 any agricultural zone unless the municipality or county has designated by ordinance, before an
920 individual submits a land use permit application for a psilocybin production establishment, at
921 least one agricultural zone in which the operation of a psilocybin production establishment is a
922 permitted use.
923 (c) The operation of a psilocybin production establishment shall be a permitted use on
924 land that the municipality or county has not zoned.
925 (3) A municipality or county may not:
926 (a) on the sole basis that the applicant or psilocybin production establishment violates
927 federal law regarding the legal status of psilocybin, deny or revoke:
928 (i) a land use permit to operate a psilocybin production facility; or
929 (ii) a business license to operate a psilocybin production facility;
930 (b) require a certain distance between a psilocybin production establishment and:
931 (i) another psilocybin production establishment;
932 (ii) a retail tobacco specialty business, as that term is defined in Section 26-62-103; or
933 (iii) an outlet, as that term is defined in Section 32B-1-202; or
934 (c) in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), enforce a land use
935 regulation against a psilocybin production establishment that was not in effect on the day on
936 which the psilocybin production establishment submitted a complete land use application.
937 (4) An applicant for a land use permit to operate a psilocybin production establishment
938 shall comply with the land use requirements and application process described in:
939 (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; and
940 (b) Title 17, Chapter 27a, County Land Use, Development, and Management Act.
941 Section 21. Section 4-41c-501 is enacted to read:
942
943 4-41c-501. Growing and harvesting.
944 (1) A psilocybin cultivation facility shall use a unique identifier that is connected to the
945 facility's inventory control system to identify:
946 (a) each unique harvest of psilocybin;
947 (b) each batch of psilocybin that the facility transfers to an independent psilocybin
948 testing laboratory; and
949 (c) any excess, contaminated, or deteriorated psilocybin of which the psilocybin
950 cultivation facility disposes.
951 (2) A psilocybin cultivation facility shall identify psilocybin biomass as psilocybin
952 byproduct or psilocybin product before transferring the psilocybin biomass from the facility.
953 (3) A psilocybin cultivation facility shall destroy psilocybin cultivation byproduct in
954 accordance with Section 4-41-405.
955 Section 22. Section 4-41c-502 is enacted to read:
956 4-41c-502. Sales.
957 (1) A psilocybin cultivation facility may not sell a product other than, subject to this
958 chapter:
959 (a) a psilocybin product; or
960 (b) an educational material related to the medical use of psilocybin.
961 (2) A psilocybin cultivation facility may only sell an item listed in Subsection (1) to:
962 (a) a qualified therapy provider; or
963 (b) a registered agent of a qualified therapy provider.
964 Section 23. Section 4-41c-503 is enacted to read:
965 4-41c-503. Labeling.
966 (1) A psilocybin cultivation facility shall label a psilocybin or psilocybin product with
967 the amount of active psilocybin in the psilocybin or psilocybin product.
968 (2) The department may determine any labeling requirements for a psilocybin product
969 through rule including any warning label language.
970 Section 24. Section 4-41c-601 is enacted to read:
971
972 4-41c-601. Psilocybin and psilocybin product testing.
973 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
974 department may make rules to:
975 (a) determine required adulterant tests for psilocybin or psilocybin product;
976 (b) determine the amount of any adulterant that is safe for human consumption; or
977 (c) establish protocols for a recall of psilocybin or psilocybin product by a psilocybin
978 production establishment.
979 (2) The department may require testing for a toxin if:
980 (a) the department receives information indicating the potential presence of a toxin; or
981 (b) the department's inspector has reason to believe a toxin may be present based on the
982 inspection of a facility.
983 (3) A psilocybin production establishment may not transfer psilocybin or psilocybin
984 product to a qualified therapy provider until an independent psilocybin testing laboratory tests a
985 representative sample of the psilocybin or psilocybin product in accordance with department
986 rule.
987 (4) Before the sale of a psilocybin product, an independent psilocybin testing
988 laboratory shall identify and quantify the amount of active psilocybin present in a psilocybin
989 product.
990 (5) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
991 Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the
992 testing of psilocybin and psilocybin products by independent psilocybin laboratories.
993 (6) The department may require an independent psilocybin testing laboratory to
994 participate in a proficiency evaluation that the department conducts or that an organization that
995 the department approves conducts.
996 Section 25. Section 4-41c-602 is enacted to read:
997 4-41c-602. Reporting -- Inspections --Seizure by the department.
998 (1) If an independent psilocybin testing laboratory determines that the results of a lab
999 test indicate that a psilocybin or psilocybin product batch may be unsafe for human use:
1000 (a) the independent psilocybin testing laboratory shall report the results and the
1001 psilocybin product batch to:
1002 (i) the department; and
1003 (ii) the psilocybin cultivation facility from which the batch originated;
1004 (b) the department shall place a hold on the psilocybin or psilocybin products to:
1005 (i) investigate the cause of the defective batch; and
1006 (ii) make a determination; and
1007 (c) the psilocybin cultivation facility that grew the psilocybin may appeal the
1008 determination described in Subsection (1)(b)(ii) to the department.
1009 (2) If the department determines, under Subsection (1)(b)(ii) or following an appeal
1010 under Subsection (1)(c), that psilocybin or psilocybin product prepared by a psilocybin
1011 cultivation establishment is unsafe for human consumption, the department may seize,
1012 embargo, or destroy, in the same manner as the psilocybin production establishment under
1013 Section 4-41c-405, the psilocybin or psilocybin product batch.
1014 (3) If an independent psilocybin testing laboratory determines that the results of a lab
1015 test indicate that the active psilocybin content of psilocybin or a psilocybin product batch
1016 diverges more than 10% from the amount the label indicates, the psilocybin cultivation facility
1017 may not sell the psilocybin or psilocybin product batch unless the facility replaces the incorrect
1018 label with a label that correctly indicates the active psilocybin content.
1019 Section 26. Section 4-41c-701 is enacted to read:
1020
1021 4-41c-701. Enforcement -- Fine -- Citation.
1022 (1) If a person that is a psilocybin production establishment or a psilocybin production
1023 establishment agent violates this chapter, the department may:
1024 (a) revoke the person's license or psilocybin production establishment agent
1025 registration card;
1026 (b) decline to renew the person's license or psilocybin production establishment agent
1027 registration card; or
1028 (c) assess the person an administrative penalty that the department establishes by rule
1029 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1030 (2) The department shall deposit an administrative penalty imposed under this section
1031 into the General Fund.
1032 (3) (a) The department may take an action described in Subsection (3)(b) if the
1033 department concludes upon investigation that, for a person that is a psilocybin production
1034 establishment or psilocybin production establishment agent:
1035 (i) the person has violated the provisions of this chapter, a rule made under this
1036 chapter, or an order issued under this chapter; or
1037 (ii) the person produced a psilocybin or psilocybin product batch that contains a
1038 substance, other than active psilocybin, that poses a significant threat to human health.
1039 (b) If the department makes the determination about a person described in Subsection
1040 (3)(a), the department shall:
1041 (i) issue the person a written administrative citation;
1042 (ii) attempt to negotiate a stipulated settlement;
1043 (iii) seize, embargo, or destroy the psilocybin or psilocybin product batch;
1044 (iv) order the person to cease and desist from the action that creates a violation; and
1045 (v) direct the person to appear before an adjudicative proceeding conducted under Title
1046 63G, Chapter 4, Administrative Procedures Act.
1047 (4) The department may, for a person subject to an uncontested citation, a stipulated
1048 settlement, or a finding of a violation in an adjudicative proceeding under this section, for a
1049 fine amount not already specified in law, assess the person, who is not an individual, a fine of
1050 up to $5,000 per violation, in accordance with a fine schedule that the department establishes
1051 by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1052 (5) The department may not revoke a psilocybin production establishment's license
1053 without first directing the psilocybin production establishment to appear before an adjudicative
1054 proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1055 (6) If within 20 calendar days after the day on which a department serves a citation for
1056 a violation of this chapter the person that is the subject of the citation fails to request a hearing
1057 to contest the citation, the citation becomes the department's final order.
1058 (7) The department may, for a person who fails to comply with a citation under this
1059 section:
1060 (a) refuse to issue or renew the person's license or psilocybin production establishment
1061 agent registration card; or
1062 (b) suspend, revoke, or place on probation the person's license or psilocybin production
1063 establishment agent registration card.
1064 (8) (a) Except where a criminal penalty is expressly provided for a specific violation of
1065 this chapter, if an individual:
1066 (i) violates a provision of this chapter, the individual is:
1067 (A) guilty of an infraction; and
1068 (B) subject to a $100 fine; or
1069 (ii) intentionally or knowingly violates a provision of this chapter or violates this
1070 chapter three or more times, the individual is:
1071 (A) guilty of a class B misdemeanor; and
1072 (B) subject to a $1,000 fine.
1073 (b) An individual who is guilty of a violation described in Subsection (8)(a) is not
1074 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1075 underlying the violation described in Subsection (8)(a).
1076 (9) Nothing in this section prohibits the department from referring potential criminal
1077 activity to law enforcement.
1078 Section 27. Section 26-61a-109 is amended to read:
1079 26-61a-109. Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality.
1080 (1) There is created an enterprise fund known as the "Qualified Patient Enterprise
1081 Fund."
1082 (2) The fund created in this section is funded from:
1083 (a) money the department deposits into the fund:
1084 (i) under this chapter; and
1085 (ii) under Title 26B, Chapter 4, Part 9, Utah Medical Psilocybin Act.
1086 (b) appropriations the Legislature makes to the fund; and
1087 (c) the interest described in Subsection (3).
1088 (3) Interest earned on the fund shall be deposited into the fund.
1089 (4) The department may only use money in the fund to fund the department's
1090 responsibilities under this chapter and Title 26B, Chapter 4, Part 9, Utah Medical Psilocybin
1091 Act.
1092 (5) The department shall set fees authorized under this chapter and Title 26B, Chapter
1093 4, Part 9, Utah Medical Psilocybin Act in amounts that the department anticipates are
1094 necessary, in total, to cover the department's cost to implement this chapter and Title 26B,
1095 Chapter 4, Part 9, Utah Medical Psilocybin Act.
1096 Section 28. Section 26B-4-901 is enacted to read:
1097
1098 26B-4-901. Definitions.
1099 As used in this part:
1100 (1) "Adverse event" means:
1101 (a) an injury or suspected injury to a patient that results in an escalation of care, harm
1102 to a patient, or rescue of a patient; and
1103 (b) occurs:
1104 (i) during a psilocybin administration session; or
1105 (ii) within 24 hours from when the administration session ended.
1106 (2) "Community location" means the same as that term is defined in Section 4-41c-101.
1107 (3) "Controlled substance database" means the controlled substance database created in
1108 Section 58-37f-201.
1109 (4) "Inventory Control System" means the same as that term is defined in Section
1110 4-41c-101.
1111 (5) "Patient" means the same as that term is defined in Section 4-41c-101.
1112 (6) "Payment provider" means an entity that contracts with a psilocybin production
1113 establishment to facilitate transfer of funds between the establishment and another business or
1114 individual.
1115 (7) "Psilocybin" means the same as that term is defined in Section 4-41c-101.
1116 (8) "Psilocybin administration session" means the time period from when a qualified
1117 medical provider administers psilocybin to a patient to the time the patient leaves the qualified
1118 therapy provider location.
1119 (9) "Psilocybin cultivation facility" means the same as that term is defined in Section
1120 4-41c-101.
1121 (10) "Psilocybin product" means the same as that term is defined in Section 4-41c-101.
1122 (11) "Psilocybin production establishment" means the same as that term is defined in
1123 Section 4-41c-101.
1124 (12) "Psilocybin production establishment agent" means the same as that term is
1125 defined in Section 4-41c-101.
1126 (13) "Psilocybin production establishment registration card" means the same as that
1127 term is defined in Section 4-41c-101.
1128 (14) "Qualified medical psilocybin provider" means an individual:
1129 (a) who meets the recommending qualifications; and
1130 (b) whom the department registers to recommend treatment with psilocybin under
1131 Section 26B-4-904.
1132 (15) "Qualified therapy provider" means an individual:
1133 (a) who meets the therapy provider qualifications; and
1134 (b) whom the department registers to administer treatment with psilocybin under
1135 Section 26B-4-911.
1136 (16) "Qualified therapy provider location" means a facility that:
1137 (a) is located at the address listed under Subsection 26B-4-911(2)(b);
1138 (b) has a single, secure public entrance;
1139 (c) has a security system with a backup power source that:
1140 (i) detects and records entry into the psilocybin production establishment; and
1141 (ii) provides notice of an unauthorized entry to law enforcement when the psilocybin
1142 production establishment is closed; and
1143 (d) has a lock or equivalent restrictive security feature on any area where the qualified
1144 therapy provider location stores psilocybin or psilocybin product.
1145 (17) "Qualified Patient Enterprise Fund" means the fund created in Section
1146 26-61a-109.
1147 (18) "Qualifying condition" means a condition described in Section 26B-4-903.
1148 (19) "Therapy provider qualifications" means that an individual is licensed as any of
1149 the following:
1150 (a) a clinical social worker, certified social worker, or social service worker under Title
1151 58, Chapter 60, Part 2, Social Work Licensing Act;
1152 (b) a clinical mental health counselor under Title 58, Chapter 60, Part 4, Clinical
1153 Mental Health Counselor Licensing Act;
1154 (c) licensed advanced substance use disorder counselor or a certified advanced
1155 substance use disorder counselor under Title 58, Chapter 60, Part 5, Substance Use Disorder
1156 Counselor Act;
1157 (d) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1158 Practice Act;
1159 (e) a psychologist licensed under Title 58, Chapter 61, Psychologist Licensing Act;
1160 (f) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
1161 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1162 (g) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
1163 Act.
1164 (20) "Recommend" or "recommendation" means, for a qualified medical psilocybin
1165 provider, the act of suggesting the use of medical psilocybin treatment.
1166 (21) "Recommending qualifications" means that an individual is licensed:
1167 (a) to prescribe a controlled substance under Title 58, Chapter 37, Utah Controlled
1168 Substances Act; and
1169 (b) as any of the following:
1170 (i) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1171 Practice Act;
1172 (ii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
1173 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1174 (iii) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
1175 Assistant Act.
1176 Section 29. Section 26B-4-902 is enacted to read:
1177 26B-4-902. Electronic verification system -- Cap on recommendations.
1178 (1) The department, the Department of Agriculture and Food, the Department of Public
1179 Safety, and the Division of Technology Services shall:
1180 (a) enter into a memorandum of understanding in order to determine the function and
1181 operation of the state electronic verification system in accordance with Subsection (2);
1182 (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
1183 Procurement Code, to develop a request for proposals for a third-party provider to develop and
1184 maintain the state electronic verification system in coordination with the Division of
1185 Technology Services; and
1186 (c) select a third-party provider who:
1187 (i) meets the requirements contained in the request for proposals issued under
1188 Subsection (1)(b); and
1189 (ii) may not have any commercial or ownership interest in a psilocybin production
1190 establishment.
1191 (2) The department, the Department of Agriculture and Food, and the Division of
1192 Technology Services shall ensure that, on or before July 1, 2024, the state electronic
1193 verification system described in Subsection (1):
1194 (a) allows a qualified medical psilocybin provider, or an employee described in
1195 Subsection (3) acting on behalf of the qualified medical psilocybin provider:
1196 (i) to access dispensing information regarding a patient:
1197 (A) with whom the qualified medical psilocybin provider has a provider-patient
1198 relationship; and
1199 (B) for whom the qualified medical psilocybin provider has recommended or is
1200 considering recommending psilocybin;
1201 (ii) to electronically recommend or renew a recommendation for psilcobyin or a
1202 psilocybin product in accordance with Subsection 26B-4-909(4)(b); and
1203 (iii) to connect with an inventory control system that a psilocybin production
1204 establishment uses to track in real time and archive purchases of any psilocybin or psilocybin
1205 product including:
1206 (A) the date and time each recommendation was filled;
1207 (B) the quantity and type of psilocybin or psilocybin product;
1208 (C) any psilocybin production establishment associated with the psilocybin or
1209 psilocybin product;
1210 (D) the name of the qualified therapy provider or qualified therapy provider agent who
1211 took receipt of the psilocybin or psilocybin product; and
1212 (E) the personally identifiable information of the patient for whom the psilocybin was
1213 recommended; and
1214 (iv) to connect with any commercially available inventory control system that a
1215 psilocybin production establishment utilizes in accordance with Section 4-41c-102 to use data
1216 that the Department of Agriculture and Food requires by rule, in accordance with Title 63G,
1217 Chapter 3, Utah Administrative Rulemaking Act, from the inventory tracking system that a
1218 licensee uses to track and confirm compliance;
1219 (b) provides access to:
1220 (i) the department to the extent necessary to carry out the department's functions and
1221 responsibilities under this title;
1222 (ii) the Department of Agriculture and Food to the extent necessary to carry out the
1223 functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
1224 41c, Psilocybin Production Act; and
1225 (iii) the Division of Professional Licensing to the extent necessary to carry out the
1226 functions and responsibilities related to the participation of the following in the
1227 recommendation of medical psilocybin:
1228 (A) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1229 Practice Act;
1230 (B) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1231 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1232 (C) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
1233 Act;
1234 (c) provides access to state or local law enforcement after obtaining a warrant;
1235 (d) creates a record each time a person accesses the system that identifies the person
1236 who accesses the system and the individual whose records the person accesses;
1237 (e) keeps a current record of the total number of individuals who have a psilocybin
1238 recommendation; and
1239 (f) allows a qualified medical psilocybin provider to access the information described
1240 in Subsection (2)(e).
1241 (3) (a) An employee of a qualified medical psilocybin provider may access the
1242 electronic verification system for a purpose described in Subsection (2)(a) on behalf of the
1243 qualified medical psilocybin provider if:
1244 (i) the qualified medical psilocybin provider has designated the employee as an
1245 individual authorized to access the electronic verification system on behalf of the qualified
1246 medical provider;
1247 (ii) the qualified medical psilocybin provider provides written notice to the department
1248 of the employee's identity and the designation described in Subsection (3)(a)(i); and
1249 (iii) the department grants to the employee access to the electronic verification system.
1250 (b) An employee of a business that employs a qualified medical psilocybin provider
1251 may access the electronic verification system for a purpose described in Subsection (2)(a) on
1252 behalf of the qualified medical psilocybin provider if:
1253 (i) the qualified medical psilocybin provider has designated the employee as an
1254 individual authorized to access the electronic verification system on behalf of the qualified
1255 medical provider;
1256 (ii) the qualified medical provider and the employing business jointly provide written
1257 notice to the department of the employee's identity and the designation described in Subsection
1258 (3)(b)(i); and
1259 (iii) the department grants to the employee access to the electronic verification system.
1260 (4) Beginning July 1, 2024, a provider who meets the recommending qualifications
1261 may access information in the electronic verification system regarding a patient the prescribing
1262 provider treats.
1263 (5) The department may release limited data that the system collects for the purpose of:
1264 (a) conducting medical and other department approved research;
1265 (b) providing the report required by Section 26B-4-914; and
1266 (c) other official department purposes.
1267 (6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1268 Administrative Rulemaking Act, to establish:
1269 (a) the limitations on access to the data in the electronic verification system, as
1270 described in this section; and
1271 (b) standards and procedures to ensure accurate identification of an individual
1272 requesting information or receiving information in this section.
1273 (7) (a) Any person who knowingly and intentionally releases any information in the
1274 state electronic verification system in violation of this section is guilty of a third degree felony.
1275 (b) Any person who negligently or recklessly releases any information in the state
1276 electronic verification system in violation of this section is guilty of a class C misdemeanor.
1277 (8) (a) Any person who obtains or attempts to obtain information from the state
1278 electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
1279 (b) Any person who obtains or attempts to obtain information from the state electronic
1280 verification system for a purpose other than a purpose this part authorizes is guilty of a third
1281 degree felony.
1282 (9) (a) Except as provided in Subsection (9)(e), a person may not knowingly and
1283 intentionally use, release, publish, or otherwise make available to any other person information
1284 obtained from the state electronic verification system for any purpose other than a purpose
1285 specified in this section.
1286 (b) Each separate violation of this Subsection (9) is:
1287 (i) a third degree felony; and
1288 (ii) subject to a civil penalty not to exceed $5,000.
1289 (c) The department shall determine a civil violation of this Subsection (9) in
1290 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1291 (d) Civil penalties assessed under this Subsection (9) shall be deposited into the
1292 General Fund.
1293 (e) This Subsection (9) does not prohibit a person who obtains information from the
1294 state electronic verification system under Subsection (2)(a) or (d) from:
1295 (i) including the information in the person's medical chart or file for access by a person
1296 authorized to review the medical chart or file;
1297 (ii) providing the information to a person in accordance with the requirements of the
1298 Health Insurance Portability and Accountability Act of 1996; or
1299 (iii) discussing or sharing that information about the patient with the patient.
1300 (10) (a) Only 5,000 individuals may have a psilocybin recommendation at any one
1301 time.
1302 (b) An individual's psilocybin recommendation expires if an individual with a
1303 psilocybin recommendation has not received treatment from a qualified therapy provider with
1304 psilocybin or a psilocybin product at the later of:
1305 (i) one year from the day a qualified medical psilocybin provider provided the
1306 recommendation; or
1307 (ii) one year from the day of the individual's most recent administration of psilocybin
1308 or a psilocybin product by a qualified therapy provider.
1309 Section 30. Section 26B-4-903 is enacted to read:
1310 26B-4-903. Qualifying condition.
1311 (1) By designating a particular condition under Subsection (2) for which the use of
1312 medical psilocybin to treat symptoms is decriminalized, the Legislature does not conclusively
1313 state that:
1314 (a) current scientific evidence clearly supports the efficacy of a medical psilocybin
1315 treatment for the condition; or
1316 (b) a medical psilocybin treatment will treat, cure, or positively affect the condition.
1317 (2) For the purposes of this part, each of the following conditions is a qualifying
1318 condition:
1319 (a) depression;
1320 (b) anxiety, if the patient has tried at least one other treatment which has not proven
1321 effective;
1322 (c) post-traumatic stress disorder, if the patient has tried at least one other treatment
1323 which has not proven effective; and
1324 (d) a condition where the individual is receiving hospice care.
1325 Section 31. Section 26B-4-904 is enacted to read:
1326 26B-4-904. Qualified medical psilocybin provider registration -- Continuing
1327 education -- Treatment recommendation.
1328 (1) Except as provided in Subsection (2), an individual may not recommend a medical
1329 psilocybin treatment unless the department registers the individual as a qualified medical
1330 psilocybin provider in accordance with this section.
1331 (2) (a) The department shall, within 15 days after the day on which the department
1332 receives an application from an individual, register and issue a qualified medical psilocybin
1333 provider registration card to the individual if the individual:
1334 (i) provides to the department the individual's name and address;
1335 (ii) provides to the department a report detailing the individual's completion of the
1336 applicable continuing education requirements described in Subsection (3);
1337 (iii) provides to the department evidence that the individual meets the recommending
1338 qualifications;
1339 (iv) for an applicant on or after January 1, 2025, provides to the department the
1340 information described in Subsection (9)(a); and
1341 (v) pays the department an amount that:
1342 (A) the department sets, in accordance with Section 63J-1-504; and
1343 (B) does not exceed $300 for an initial registration.
1344 (b) The department may not register an individual as a qualified medical psilocybin
1345 provider if the individual is an owner, officer, director, board member, employee, or agent of a
1346 psilocybin production establishment.
1347 (3) (a) An individual shall complete the continuing education described in this
1348 Subsection (3) in the following amounts:
1349 (i) before registration, 16 hours; and
1350 (ii) for renewing a registration, four hours every two years.
1351 (b) In accordance with Subsection (3)(a), a qualified medical psilocybin provider shall:
1352 (i) complete continuing education:
1353 (A) regarding topics described in Subsection (3)(d); and
1354 (B) offered by the department under Subsection (3)(c) or an accredited or approved
1355 continuing education provider that the department recognizes as offering continuing education
1356 appropriate for the recommendation of psilocybin to patients; and
1357 (ii) make a continuing education report to the department in accordance with a process
1358 that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
1359 Administrative Rulemaking Act, and in collaboration with the Division of Professional
1360 Licensing and the applicable licensing board for a health care provider who meets the
1361 recommending qualifications.
1362 (c) The department may, in consultation with the Division of Professional Licensing,
1363 develop the continuing education described in this Subsection (3).
1364 (d) The continuing education described in this Subsection (3) may discuss:
1365 (i) the provisions of this part;
1366 (ii) general information about psilocybin under federal and state law;
1367 (iii) the latest scientific research on medical psilocybin, including risks and benefits;
1368 (iv) best practices for recommending the form and dosage of psilocybin based on the
1369 qualifying condition;
1370 (v) systems and receptors affected by psilocybin;
1371 (vi) mechanisms of action;
1372 (vii) drug interactions;
1373 (viii) qualifying conditions;
1374 (ix) diagnostic criteria;
1375 (x) contraindications;
1376 (xi) side effects and their mitigation;
1377 (xii) administrative set and setting, including physical patient safety;
1378 (xiii) integration;
1379 (xiv) potential outcomes;
1380 (xv) ethical considerations; and
1381 (xvi) discharge safety planning.
1382 (4) (a) A qualified medical psilocybin provider may only recommend psilocybin to an
1383 individual under this part in the course of a provider-patient relationship after the qualified
1384 medical psilocybin provider has:
1385 (i) completed and documented in the patient's medical record a thorough assessment of
1386 the patient's condition and medical history based on the appropriate standard of care for the
1387 patient's condition;
1388 (ii) verified that the patient has a qualifying condition; and
1389 (iii) verified that the patient is at least 21 years old.
1390 (b) To recommend a psilocybin treatment or to renew a recommendation, a qualified
1391 medical psilocybin provider:
1392 (i) shall meet with the patient face-to-face if the qualified medical psilocybin provider
1393 has not recommended a psilocybin treatment to the patient in the past; or
1394 (ii) may use telehealth services, if the qualified medical psilocybin provider
1395 recommended a medical psilocybin treatment to the patient in the past.
1396 (5) (a) Except as provided in Subsection (5)(b), an individual may not advertise that the
1397 individual recommends medical psilocybin treatment.
1398 (b) Notwithstanding Subsection (5)(a) and subject to Section 26B-4-910, a qualified
1399 medical psilocybin provider or clinic or office that employs a qualified medical psilocybin
1400 provider may advertise the following:
1401 (i) the provider's or clinic's name and logo;
1402 (ii) a qualifying condition that the individual treats;
1403 (iii) that the individual is registered as a qualified medical psilocybin provider and
1404 recommends medical psilocybin; or
1405 (iv) a scientific study regarding medical psilocybin use.
1406 (6) (a) A qualified medical psilocybin provider registration card expires two years after
1407 the day on which the department issues the card.
1408 (b) The department shall renew a qualified medical psilocybin provider's registration
1409 card if the psilocybin provider:
1410 (i) applies for renewal;
1411 (ii) is eligible for a qualified medical psilocybin provider registration card under this
1412 section, including maintaining an unrestricted license under the recommending qualifications;
1413 (iii) certifies to the department in a renewal application that the information in
1414 Subsection (2)(a) is accurate or updates the information;
1415 (iv) submits a report detailing the completion of the continuing education requirements
1416 described in Subsection (3); and
1417 (v) pays the department a fee in an amount that:
1418 (A) the department sets, in accordance with Section 63J-1-504; and
1419 (B) does not exceed $50 for a registration renewal.
1420 (7) The department may revoke the registration of a qualified medical psilocybin
1421 provider who fails to maintain compliance with the requirements of this section.
1422 (8) A qualified medical psilocybin provider may not receive any compensation or
1423 benefit for the qualified medical psilocybin provider's medical psilocybin treatment
1424 recommendation from a psilocybin production establishment or an owner, officer, director,
1425 board member, employee, or agent of a psilocybin production establishment.
1426 (9) (a) On or before January 1 of each year, a qualified medical provider shall report to
1427 the department, in a manner designated by the department:
1428 (i) if applicable, that the qualified medical psilocybin provider or the entity that
1429 employs the qualified medical psilocybin provider represents online or on printed material that
1430 the qualified medical psilocybin provider is a qualified medical psilocybin provider or offers
1431 medical psilocybin recommendations to patients; and
1432 (ii) the fee amount that the qualified medical psilocybin provider or the entity that
1433 employs the qualified medical psilocybin provider charges a patient for a medical psilocybin
1434 recommendation, either as an actual cash rate or, if the psilocybin provider or entity bills
1435 insurance, an average cash rate.
1436 (b) The department shall:
1437 (i) ensure that the following information related to qualified medical psilocybin
1438 providers and entities described in Subsection (9)(a)(i) is available on the department's website
1439 or on the health care price transparency tool under Subsection (9)(b)(ii):
1440 (A) the name of the qualified medical psilocybin provider and, if applicable, the name
1441 of the entity that employs the qualified medical psilocybin provider;
1442 (B) the address of the qualified medical psilocybin provider's office or, if applicable,
1443 the entity that employs the qualified medical psilocybin provider; and
1444 (C) the fee amount described in Subsection (9)(a)(ii); and
1445 (ii) share data collected under this Subsection (9) with the state auditory for use in the
1446 health care price transparency tool described in Section 67-3-11.
1447 Section 32. Section 26B-4-905 is enacted to read:
1448 26B-4-905. Standard of care -- Provider not liable -- No private right of action.
1449 (1) A qualified medical psilocybin provider or a qualified therapy provider described in
1450 Subsection (2) is not subject to the following solely for violating a federal law or regulation
1451 that would otherwise prohibit recommending, prescribing, possessing, or dispensing psilocybin
1452 or a psilocybin product:
1453 (a) civil or criminal liability; or
1454 (b) licensure sanctions under Title 58, Occupations and Professions.
1455 (2) A qualified medical psilocybin provider or a qualified therapy provider is eligible
1456 for the protections described in Subsection (1) if the qualified medical provider or qualified
1457 therapy provider recommends or provides treatment with psilocybin or a psilocybin product to
1458 a patient in accordance with this part.
1459 (3) Nothing in this section or part reduces or in any way negates the duty of a qualified
1460 medical psilocybin provider or qualified therapy provider to use reasonable and ordinary care
1461 in the treatment of a patient.
1462 Section 33. Section 26B-4-906 is enacted to read:
1463 26B-4-906. Nondiscrimination for medical care or government employment --
1464 Notice to prospective and current public employees -- No effect on private employers.
1465 (1) For purposes of medical care, including an organ or tissue transplant, a patient's use
1466 of psilocybin, in accordance with this part:
1467 (a) is the equivalent of authorized use of any other medication used at the discretion of
1468 a physician; and
1469 (b) does not constitute the use of an illicit substance or otherwise disqualify an
1470 individual from needed medical care.
1471 (2) (a) Notwithstanding any other provision of law and except as provided in
1472 Subsection (2)(b), the state or any political subdivision shall treat:
1473 (i) an employee's use of medical psilocybin in accordance with this part or Section
1474 58-37-3.7 in the same way the state or political subdivision treats employee use of any
1475 prescribed controlled substance; and
1476 (ii) an employee's medical psilocybin recommendation from a qualified medical
1477 psilocybin provider in the same way the state or political subdivision treats an employee's
1478 prescription for any prescribed controlled substance.
1479 (b) A state or political subdivision employee who has a valid medical psilocybin
1480 recommendation is not subject to retaliatory action, as that term is defined in Section
1481 67-19a-101, for failing a drug test due to psilocybin or psilocin without evidence that the
1482 employee was impaired or otherwise adversely affected in the employee's job performance due
1483 to the use of medical psilocybin.
1484 (c) Subsections (2)(a) and (b) do not apply:
1485 (i) where the application of Subsections (2)(a) or (b) would jeopardize federal funding,
1486 a federal security clearance, or any other federal background determination required for the
1487 employee's position;
1488 (ii) if the employee's position is dependent on a license or peace officer certification
1489 that is subject to federal regulations, including 18 U.S.C. Sec. 922(g)(3); or
1490 (iii) if an employee described in Subsections 34A-2-102(1)(h)(ii) through (vi) uses
1491 medical psilocybin during the 12 hours immediately preceding the employee's shift or during
1492 the employee's shift.
1493 (3) (a) (i) A state employer or a political subdivision employer shall take the action
1494 described in Subsection (3)(a)(ii) before:
1495 (A) giving to a current employee an assignment or duty that arises from or directly
1496 relates to an obligation under this part; or
1497 (B) hiring a prospective employee whose assignments or duties would include an
1498 assignment or duty that arises from or directly relates to an obligation under this part.
1499 (ii) The employer described in Subsection (3)(a)(i) shall give the employee or
1500 prospective employee described in Subsection (3)(a)(i) a written notice that notifies the
1501 employee or prospective employee:
1502 (A) that the employee's or prospective employee's job duties may require the employee
1503 or prospective employee to engage in conduct which is in violation of the criminal laws of the
1504 United States; and
1505 (B) that in accepting a job or undertaking a duty described in Subsection (3)(a)(i),
1506 although the employee or prospective employee is entitled to the protection of Title 67, Chapter
1507 21, Utah Protection of Public Employees Act, the employee may not object or refuse to carry
1508 out an assignment or duty that may be a violation of the criminal laws of the United States with
1509 respect to the manufacture, sale, or distribution of psilocybin.
1510 (b) The Division of Human Resources Management shall create, revise, and publish
1511 the form of the notice described in Subsection (3)(a).
1512 (c) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice
1513 described in Subsection (3)(a) may not:
1514 (i) claim in good faith that the employee's actions violate or potentially violate the laws
1515 of the United States with respect to the manufacture, sale, or distribution of psilocybin; or
1516 (ii) refuse to carry out a directive that the employee reasonably believes violates the
1517 criminal laws of the United States with respect to the manufacture, sale, or distribution of
1518 psilocybin.
1519 (d) An employer may not take retaliatory action as defined in Section 67-19a-101
1520 against a current employee who refuses to sign the notice described in Subsection (3)(a).
1521 (4) Nothing in this section affects the ability of a private employer to have policies
1522 restricting the use of medical psilocybin by applicants or employees.
1523 Section 34. Section 26B-4-907 is enacted to read:
1524 26B-4-907. No insurance requirement.
1525 Nothing in this part requires an insurer, a third-party administrator, or an employer to
1526 pay or reimburse for psilocybin or psilocybin product.
1527 Section 35. Section 26B-4-908 is enacted to read:
1528 26B-4-908. Approved drugs.
1529 Nothing in this part restricts or otherwise affects the prescription, distribution, or
1530 dispensing of a product that the United States Food and Drug Administration has approved.
1531 Section 36. Section 26B-4-909 is enacted to read:
1532 26B-4-909. Severability.
1533 (1) If any provision of this part or the application of any of the provisions of this part to
1534 any person or circumstance is held invalid by a final decision of a court of competent
1535 jurisdiction, the remaining provisions of this part remain effective without the invalidated
1536 provision or application.
1537 (2) The provisions of this part are severable.
1538 Section 37. Section 26B-4-910 is enacted to read:
1539 26B-4-910. Advertising.
1540 (1) Except as provided in this part, a person may not advertise regarding the
1541 recommendation, sale, dispensing, or transportation of medical psilocybin.
1542 (2) Notwithstanding any authorization to advertise medical psilocybin under this part,
1543 the person advertising may not advertise:
1544 (a) using promotional discounts or incentives; or
1545 (b) an assurance regarding an outcome related to medical psilocybin treatment.
1546 (3) Notwithstanding Subsection (1):
1547 (a) a nonprofit organization that offers financial assistance for medical psilocybin
1548 treatment to low-income patients may advertise the organization's assistance if the
1549 advertisement does not relate to a specific qualified therapy provider; and
1550 (b) a qualified therapy provider may provide information regarding subsidies for the
1551 cost of medical psilocybin treatment to patients who affirmatively accept receipt of the subsidy
1552 information.
1553 (4) To ensure that the name and logo of a licensee under this part have a medical rather
1554 than a recreational disposition, the name and logo of the licensee:
1555 (a) may include terms and images associated with a medical disposition, including
1556 "medical," "medicinal," "medicine," "apothecary," "wellness," "therapeutic," "health," "care,"
1557 "natural," "psilocybin," "clinic," "compassionate," "relief," "treatment," and "patient;"
1558 (b) may not include:
1559 (i) any term, statement, design representation, picture, or illustration that is associated
1560 with a recreational disposition that appeals to children; or
1561 (ii) an emphasis on psychoactivity.
1562 (5) The department shall define standards for advertising authorized under this part,
1563 including names and logos in accordance with Subsection (4), to ensure a medical rather than
1564 recreational disposition.
1565 Section 38. Section 26B-4-911 is enacted to read:
1566 26B-4-911. Qualified therapy provider registration -- Continuing education --
1567 Psilocybin administration.
1568 (1) An individual may not administer a medical psilocybin treatment unless the
1569 department registers the individual as a qualified therapy provider in accordance with this
1570 section.
1571 (2) The department shall, within 15 days after the day on which the department
1572 receives an application from an individual, register and issue a qualified therapy provider
1573 registration card to the individual if the individual:
1574 (a) provides to the department the individual's name;
1575 (b) provides the address of the clinic at which the individual will be administering
1576 psilocybin to patients;
1577 (c) provides to the department a report detailing the individual's completion of the
1578 applicable continuing education requirements described in Subsection (3);
1579 (d) certifies to the department that the individual has installed and maintains an
1580 inventory control system;
1581 (e) provides to the department evidence that the individual meets the therapy provider
1582 qualifications;
1583 (f) pays the department an amount that:
1584 (i) the department sets in accordance with Section 63J-1-504; and
1585 (ii) does not exceed $300 for an initial registration; and
1586 (g) provides to the department an emergency transport plan for patients who experience
1587 a medical emergency during the course of treatment.
1588 (3) (a) An individual shall complete the continuing education described in this
1589 Subsection (3) in the following amounts:
1590 (i) for initial registration, 80 hours; and
1591 (ii) for renewing a registration, four hours every two years.
1592 (b) In accordance with Subsection (3)(a), a qualified therapy provider shall:
1593 (i) complete continuing education:
1594 (A) regarding topics described in Subsection (3)(d); and
1595 (B) offered by the department under Subsection (3)(c) or an accredited or approved
1596 continuing education provider that the department recognizes as offering continuing education
1597 appropriate for the administration of psilocybin to patients; and
1598 (ii) make a continuing education report to the department in accordance with a process
1599 that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
1600 Administrative Rulemaking Act, and in collaboration with the Division of Professional
1601 Licensing and relevant licensing boards.
1602 (c) The department may, in consultation with the Division of Professional Licensing,
1603 develop the continuing education described in this Subsection (3).
1604 (d) The continuing education described in this Subsection (3) may discuss:
1605 (i) the provisions of this part;
1606 (ii) general information about psilocybin under federal and state law;
1607 (iii) the latest scientific research on medical psilocybin including risks and benefits;
1608 (iv) best practices for recommending the form and dosage of psilocybin based on the
1609 qualifying condition;
1610 (v) systems and receptors affected by psilocybin;
1611 (vi) mechanisms of action;
1612 (vii) drug interactions;
1613 (viii) qualifying conditions;
1614 (ix) diagnostic criteria;
1615 (x) contraindications;
1616 (xi) side effects and mitigation of side effects;
1617 (xii) administrative set and setting, including physical patient safety;
1618 (xiii) integration;
1619 (xiv) potential outcomes;
1620 (xv) ethical considerations; and
1621 (xvi) discharge safety planning.
1622 (4) A qualified therapy provider may only administer psilocybin to an individual under
1623 this part:
1624 (a) pursuant to a recommendation issued by a qualified medical psilocybin provider
1625 under Section 26B-4-904;
1626 (b) after obtaining and reviewing the patient's mental health history;
1627 (c) after providing the patient with a safety data sheet created by the department which
1628 outlines the potential risks of psilocybin use;
1629 (d) if there are unexpired rescue medications on site as determined by the department
1630 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1631 (e) if either:
1632 (i) the administration session is video recorded and the video recording is preserved for
1633 one year; or
1634 (ii) the patient gives written, informed consent waiving the video recording
1635 requirement; and
1636 (f) if the qualified therapy provider has a contractual relationship with a licensed
1637 physician who remains on-call during the course of the administration session in case a patient
1638 requires non-emergency medical intervention.
1639 (5) A qualified therapy provider may only administer psilocybin or a psilocybin
1640 product in a qualified therapy provider location.
1641 (6) (a) Except as provided in Subsection (6)(b), an individual may not advertise that the
1642 individual administers medical psilocybin treatment.
1643 (b) Notwithstanding Subsection (6)(a) and subject to Section 26B-4-910, a qualified
1644 therapy provider or clinic or office that employs a qualified therapy provider may advertise the
1645 following:
1646 (i) the provider's or clinic's name and logo;
1647 (ii) a qualifying condition that the individual treats;
1648 (iii) that the individual is registered as a qualified therapy provider and administers
1649 medical psilocybin; or
1650 (iv) a scientific study regarding medical psilocybin use.
1651 (7) (a) A qualified therapy provider registration card expires two years after the day on
1652 which the department issues the card.
1653 (b) The department shall renew a qualified therapy provider's registration card if the
1654 provider:
1655 (i) applies for renewal;
1656 (ii) is eligible for a qualified therapy provider registration card under this section,
1657 including maintaining an unrestricted license;
1658 (iii) certifies to the department in a renewal application that the information in
1659 Subsection (2) is accurate or updates the information;
1660 (iv) submits a report detailing the completion of the continuing education requirements
1661 described in Subsection (3); and
1662 (v) pays the department a fee in an amount that:
1663 (A) the department sets, in accordance with Section 63J-1-504; and
1664 (B) does not exceed $50 for a registration renewal.
1665 (8) Within seven days of the day on which an adverse event occurs, a qualified therapy
1666 provider shall submit to the department a report containing:
1667 (a) the age and sex of the patient;
1668 (b) the patient's pre-existing health conditions, if any;
1669 (c) the qualifying condition for which psilocybin was administered;
1670 (d) the amount of psilocybin administered to the patient;
1671 (e) factors which contributed to the adverse event;
1672 (f) the nature and severity of the adverse event; and
1673 (g) the ultimate outcome of the adverse event.
1674 (9) The department may revoke the registration of a qualified therapy provider who
1675 fails to maintain compliance with the requirements of this section.
1676 Section 39. Section 26B-4-912 is enacted to read:
1677 26B-4-912. Qualified therapy provider agents -- Registration.
1678 (1) An individual may not serve as the agent of a qualified therapy provider unless the
1679 department registers the individual as a qualified therapy provider agent.
1680 (2) (a) The department shall, within 15 days after the day on which the department
1681 receives a complete application from a prospective qualified therapy provider agent, register
1682 and issue a qualified therapy provider agent card to the prospective agent if the prospective
1683 agent:
1684 (i) provides to the department:
1685 (A) the prospective agent's name and address; and
1686 (B) the submission required under Subsection (2)(b); and
1687 (ii) pays a fee to the department in an amount that, subject to Subsection
1688 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
1689 (b) Each prospective agent described in Subsection (2)(a) shall:
1690 (i) submit to the department:
1691 (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
1692 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
1693 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
1694 Generation Identification System's Rap Back Service; and
1695 (ii) consent to a fingerprint background check by:
1696 (A) the Bureau of Criminal Identification; and
1697 (B) the Federal Bureau of Investigation.
1698 (c) The Bureau of Criminal Identification shall:
1699 (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
1700 the applicable state, regional, and national criminal records databases, including the Federal
1701 Bureau of Investigation Next Generation Identification System;
1702 (ii) report the results of the background check to the department;
1703 (iii) maintain a separate file of fingerprints that prospective agents submit under
1704 Subsection (2)(b) for search by future submissions to the local and regional criminal records
1705 databases, including latent prints;
1706 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
1707 Generation Identification System's Rap Back Service for search by future submissions to
1708 national criminal records databases, including the Next Generation Identification System and
1709 latent prints; and
1710 (v) establish a privacy risk mitigation strategy to ensure that the department only
1711 receives notifications for an individual with whom the department maintains an authorizing
1712 relationship.
1713 (d) The department shall:
1714 (i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
1715 amount that the department sets in accordance with Section 63J-1-504 for the services that the
1716 Bureau of Criminal Identification or another authorized agency provides under this section; and
1717 (ii) remit the fee described in Subsection (2)(d)(i) to the Bureau of Criminal
1718 Identification.
1719 (3) A qualified therapy provider agent shall comply with:
1720 (a) a certification standard that the department develops; or
1721 (b) a certification standard that the department has reviewed and approved.
1722 (4) The department shall ensure that the certification standard described in Subsection
1723 (3) includes training in Utah medical psilocybin law.
1724 (5) For an individual who holds or applies for a qualified therapy provider agent card:
1725 (a) the department may revoke or refuse to issue the card if the individual violates the
1726 requirements of this part; and
1727 (b) the department shall revoke or refuse to issue the card if the individual is convicted
1728 under state or federal law of:
1729 (i) felony; or
1730 (ii) a misdemeanor for drug distribution.
1731 (6) A qualified therapy provider agent registration card expires two years after the day
1732 on which the department issues the card.
1733 (7) The department may renew a qualified therapy provider agent registration card if
1734 the agent:
1735 (a) is eligible for a qualified therapy provider agent registration card under this section;
1736 (b) certifies to the department in a renewal application that the information in
1737 Subsection (2)(a) is accurate or updates the information; and
1738 (c) pays to the department a renewal fee in an amount that:
1739 (i) subject to Section 26-61a-109, the department sets in accordance with Section
1740 63J-1-504; and
1741 (ii) may not exceed the cost of the relatively lower administrative burden of renewal in
1742 comparison to the original application process.
1743 Section 40. Section 26B-4-913 is enacted to read:
1744 26B-4-913. Qualified therapy provider registration card and agent registration
1745 card -- Rebuttable presumption.
1746 (1) An individual who is registered as a qualified therapy provider or qualified therapy
1747 provider agent shall carry the individual's applicable registration card issued by the department
1748 under this part at all times when the individual:
1749 (a) is transporting psilocybin product between a psilocybin production establishment
1750 and a qualified therapy provider location; or
1751 (b) handling a psilocybin product.
1752 (2) If an individual possesses psilocybin or a psilocybin product and produces the
1753 registration card in the individual's possession while handling or transporting psilocybin in
1754 compliance with Subsection (1):
1755 (a) there is a rebuttable presumption that the individual possesses the psilocybin
1756 product legally; and
1757 (b) a law enforcement officer does not have probable cause, based solely on the
1758 possession of psilocybin or psilocybin product to believe the individual is engaging in illegal
1759 activity.
1760 (3) (a) An individual described in Subsection (1) who fails to carry the registration card
1761 in accordance with Subsection (1) is:
1762 (i) for a first or second offense in a two-year period:
1763 (A) guilty of an infraction; and
1764 (B) subject to a $100 fine; or
1765 (ii) for a third or subsequent offense in a two-year period:
1766 (A) guilty of a class C misdemeanor; and
1767 (B) subject to a $750 fine.
1768 (b) For each conviction under Subsection (3)(a), the prosecuting entity shall:
1769 (i) notify the department; and
1770 (ii) for a conviction involving a qualified therapy provider agent, notify the relevant
1771 qualified therapy provider.
1772 (c) For each violation described in Subsection (3)(a)(ii) committed by a qualified
1773 therapy provider agent, the department may assess the relevant qualified therapy provider a fine
1774 of up to $2,500, in accordance with a fine schedule that the department establishes by rule in
1775 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1776 (d) An individual who is guilty of a violation described in Subsection (3)(a) is not
1777 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1778 underlying the violation described in Subsection (3)(a).
1779 Section 41. Section 26B-4-914 is enacted to read:
1780 26B-4-914. Enforcement -- Fine -- Citation.
1781 (1) (a) The department may, for a qualified therapy provider's violation of this chapter
1782 or an applicable administrative rule:
1783 (i) revoke the qualified therapy provider's registration;
1784 (ii) refuse to renew the qualified therapy provider's registration; or
1785 (iii) assess the qualified therapy provider an administrative penalty.
1786 (b) The department may, for a qualified therapy provider agent's violation of this part:
1787 (i) revoke the qualified therapy provider agent registration card;
1788 (ii) refuse to renew the qualified therapy provider agent registration card; or
1789 (iii) assess the qualified therapy provider agent an administrative penalty.
1790 (2) The department shall deposit an administrative penalty imposed under this section
1791 into the General Fund.
1792 (3) For a person subject to an uncontested citation, a stipulated settlement, or a finding
1793 of violation in an adjudicative proceeding under this section, the department may:
1794 (a) for a fine amount not already specified in law, assess the person a fine of up to
1795 $5,000 per violation, in accordance with a fine schedule that the department establishes by rule
1796 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
1797 (b) order the person to cease and desist from the action that creates a violation.
1798 (4) The department may not revoke a qualified therapy provider's registration without
1799 first directing the qualified therapy provider to appear before an adjudicative proceeding
1800 conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1801 (5) If, within 20 calendar days after the day on which the department issues a citation
1802 for a violation of this part, the person that is the subject of the citation fails to request a hearing
1803 to contest the citation, the citation becomes the department's final order.
1804 (6) The department may, for a person who fails to comply with a citation under this
1805 section:
1806 (a) refuse to issue or renew the person's license or agent registration card; or
1807 (b) suspend, revoke, or place on probation the person's license or agent registration
1808 card.
1809 (7) (a) Except where a criminal penalty is expressly provided for a specific violation of
1810 this part, if an individual violates a provision of this part, the individual is:
1811 (i) guilty of an infraction; and
1812 (ii) subject to a $100 fine.
1813 (b) An individual who is guilty of a violation described in Subsection (7)(a) is not
1814 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1815 underlying the violation described in Subsection (7)(a).
1816 Section 42. Section 26B-4-915 is enacted to read:
1817 26B-4-915. Report.
1818 (1) On or before November 1, 2024, and each year thereafter, the department shall
1819 submit a report to the Health and Human Services Interim Committee on:
1820 (a) the number of patients for whom psilocybin has been recommended;
1821 (b) the age and county of patients;
1822 (c) the number of qualified medical psilocybin providers;
1823 (d) the number of license applications and renewal license applications received;
1824 (e) the number of licenses the department has issued in each county;
1825 (f) the number of licenses the department has revoked;
1826 (g) the expenses incurred and revenues generated from the medical psilocybin
1827 program; and
1828 (h) the number and nature of adverse events reported.
1829 (2) The department may not include personally identifying information in the report
1830 described in this section.
1831 (3) The department shall provide a written report to the Health and Human Services
1832 Interim Committee on or before June 1, 2027, that describes the efficacy of the psilocybin pilot
1833 program, including any recommendations for additional legislative action.
1834 Section 43. Section 26B-4-916 is enacted to read:
1835 26B-4-916. Religious Freedom Restoration Act.
1836 Nothing in this chapter shall be construed as limiting any right or privilege a person
1837 possesses under the Religious Freedom Restoration Act, 42 U.S.C. Sec. 2000bb et. seq.
1838 Section 44. Section 30-3-10 is amended to read:
1839 30-3-10. Custody of a child -- Custody factors.
1840 (1) If a married couple having one or more minor children are separated, or the married
1841 couple's marriage is declared void or dissolved, the court shall enter, and has continuing
1842 jurisdiction to modify, an order of custody and parent-time.
1843 (2) In determining any form of custody and parent-time under Subsection (1), the court
1844 shall consider the best interest of the child and may consider among other factors the court
1845 finds relevant, the following for each parent:
1846 (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
1847 abuse, involving the child, the parent, or a household member of the parent;
1848 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
1849 the developmental needs of the child, including the child's:
1850 (i) physical needs;
1851 (ii) emotional needs;
1852 (iii) educational needs;
1853 (iv) medical needs; and
1854 (v) any special needs;
1855 (c) the parent's capacity and willingness to function as a parent, including:
1856 (i) parenting skills;
1857 (ii) co-parenting skills, including:
1858 (A) ability to appropriately communicate with the other parent;
1859 (B) ability to encourage the sharing of love and affection; and
1860 (C) willingness to allow frequent and continuous contact between the child and the
1861 other parent, except that, if the court determines that the parent is acting to protect the child
1862 from domestic violence, neglect, or abuse, the parent's protective actions may be taken into
1863 consideration; and
1864 (iii) ability to provide personal care rather than surrogate care;
1865 (d) in accordance with Subsection (10), the past conduct and demonstrated moral
1866 character of the parent;
1867 (e) the emotional stability of the parent;
1868 (f) the parent's inability to function as a parent because of drug abuse, excessive
1869 drinking, or other causes;
1870 (g) whether the parent has intentionally exposed the child to pornography or material
1871 harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201;
1872 (h) the parent's reasons for having relinquished custody or parent-time in the past;
1873 (i) duration and depth of desire for custody or parent-time;
1874 (j) the parent's religious compatibility with the child;
1875 (k) the parent's financial responsibility;
1876 (l) the child's interaction and relationship with step-parents, extended family members
1877 of other individuals who may significantly affect the child's best interests;
1878 (m) who has been the primary caretaker of the child;
1879 (n) previous parenting arrangements in which the child has been happy and
1880 well-adjusted in the home, school, and community;
1881 (o) the relative benefit of keeping siblings together;
1882 (p) the stated wishes and concerns of the child, taking into consideration the child's
1883 cognitive ability and emotional maturity;
1884 (q) the relative strength of the child's bond with the parent, meaning the depth, quality,
1885 and nature of the relationship between the parent and the child; and
1886 (r) any other factor the court finds relevant.
1887 (3) There is a rebuttable presumption that joint legal custody, as defined in Section
1888 30-3-10.1, is in the best interest of the child, except in cases when there is:
1889 (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
1890 abuse involving the child, a parent, or a household member of the parent;
1891 (b) special physical or mental needs of a parent or child, making joint legal custody
1892 unreasonable;
1893 (c) physical distance between the residences of the parents, making joint decision
1894 making impractical in certain circumstances; or
1895 (d) any other factor the court considers relevant including those listed in this section
1896 and Section 30-3-10.2.
1897 (4) (a) The person who desires joint legal custody shall file a proposed parenting plan
1898 in accordance with Sections 30-3-10.8 and 30-3-10.9.
1899 (b) A presumption for joint legal custody may be rebutted by a showing by a
1900 preponderance of the evidence that it is not in the best interest of the child.
1901 (5) (a) A child may not be required by either party to testify unless the trier of fact
1902 determines that extenuating circumstances exist that would necessitate the testimony of the
1903 child be heard and there is no other reasonable method to present the child's testimony.
1904 (b) (i) The court may inquire of the child's and take into consideration the child's
1905 desires regarding future custody or parent-time schedules, but the expressed desires are not
1906 controlling and the court may determine the child's custody or parent-time otherwise.
1907 (ii) The desires of a child 14 years [
1908 but is not the single controlling factor.
1909 (c) (i) If an interview with a child is conducted by the court pursuant to Subsection
1910 (5)(b), the interview shall be conducted by the judge in camera.
1911 (ii) The prior consent of the parties may be obtained but is not necessary if the court
1912 finds that an interview with a child is the only method to ascertain the child's desires regarding
1913 custody.
1914 (6) (a) Except as provided in Subsection (6)(b), a court may not discriminate against a
1915 parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining
1916 whether a substantial change has occurred for the purpose of modifying an award of custody.
1917 (b) The court may not consider the disability of a parent as a factor in awarding custody
1918 or modifying an award of custody based on a determination of a substantial change in
1919 circumstances, unless the court makes specific findings that:
1920 (i) the disability significantly or substantially inhibits the parent's ability to provide for
1921 the physical and emotional needs of the child at issue; and
1922 (ii) the parent with a disability lacks sufficient human, monetary, or other resources
1923 available to supplement the parent's ability to provide for the physical and emotional needs of
1924 the child at issue.
1925 (c) Nothing in this section may be construed to apply to adoption proceedings under
1926 Title 78B, Chapter 6, Part 1, Utah Adoption Act.
1927 (7) This section does not establish a preference for either parent solely because of the
1928 gender of the parent.
1929 (8) This section establishes neither a preference nor a presumption for or against joint
1930 physical custody or sole physical custody, but allows the court and the family the widest
1931 discretion to choose a parenting plan that is in the best interest of the child.
1932 (9) When an issue before the court involves custodial responsibility in the event of a
1933 deployment of one or both parents who are servicemembers, and the servicemember has not yet
1934 been notified of deployment, the court shall resolve the issue based on the standards in Sections
1935 78B-20-306 through 78B-20-309.
1936 (10) In considering the past conduct and demonstrated moral standards of each party
1937 under Subsection (2)(d) or any other factor a court finds relevant, the court may not:
1938 (a) consider or treat a parent's lawful possession or use of cannabis in a medicinal
1939 dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in
1940 accordance with Title 4, Chapter 41a, Cannabis Production Establishments, Title 26, Chapter
1941 61a, Utah Medical Cannabis Act, or Subsection 58-37-3.7(2) or (3) any differently than the
1942 court would consider or treat the lawful possession or use of any prescribed controlled
1943 substance; [
1944 (b) discriminate against a parent because of the parent's status as a:
1945 (i) cannabis production establishment agent, as that term is defined in Section
1946 4-41a-102;
1947 (ii) medical cannabis pharmacy agent, as that term is defined in Section 26-61a-102;
1948 (iii) medical cannabis courier agent, as that term is defined in Section 26-61a-102; or
1949 (iv) medical cannabis cardholder in accordance with Title 26, Chapter 61a, Utah
1950 Medical Cannabis Act[
1951 (c) consider or treat a parent's lawful possession or use of psilocybin or psilocybin
1952 product in accordance with Title 4, Chapter 41c, Psilocybin Production Act, and Title 26B,
1953 Chapter 4, Part 9, Utah Medical Psilocybin Act, any differently than the court would consider
1954 the lawful possession or use of any prescribed substance.
1955 Section 45. Section 31A-22-1016 is amended to read:
1956 31A-22-1016. Workers' compensation coverage for medical cannabis operations.
1957 A licensed and admitted workers' compensation insurer may issue coverage to:
1958 (1) a cannabis production establishment as defined in Section 4-41a-102; [
1959 (2) a medical cannabis pharmacy as defined in Section 26-61a-102[
1960 (3) a psilocybin production establishment as defined in Section 4-41c-101.
1961 Section 46. Section 52-4-205 is amended to read:
1962 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
1963 meetings.
1964 (1) A closed meeting described under Section 52-4-204 may only be held for:
1965 (a) except as provided in Subsection (3), discussion of the character, professional
1966 competence, or physical or mental health of an individual;
1967 (b) strategy sessions to discuss collective bargaining;
1968 (c) strategy sessions to discuss pending or reasonably imminent litigation;
1969 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
1970 including any form of a water right or water shares, or to discuss a proposed development
1971 agreement, project proposal, or financing proposal related to the development of land owned by
1972 the state, if public discussion would:
1973 (i) disclose the appraisal or estimated value of the property under consideration; or
1974 (ii) prevent the public body from completing the transaction on the best possible terms;
1975 (e) strategy sessions to discuss the sale of real property, including any form of a water
1976 right or water shares, if:
1977 (i) public discussion of the transaction would:
1978 (A) disclose the appraisal or estimated value of the property under consideration; or
1979 (B) prevent the public body from completing the transaction on the best possible terms;
1980 (ii) the public body previously gave public notice that the property would be offered for
1981 sale; and
1982 (iii) the terms of the sale are publicly disclosed before the public body approves the
1983 sale;
1984 (f) discussion regarding deployment of security personnel, devices, or systems;
1985 (g) investigative proceedings regarding allegations of criminal misconduct;
1986 (h) as relates to the Independent Legislative Ethics Commission, conducting business
1987 relating to the receipt or review of ethics complaints;
1988 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
1989 Subsection 52-4-204(1)(a)(iii)(C);
1990 (j) as relates to the Independent Executive Branch Ethics Commission created in
1991 Section 63A-14-202, conducting business relating to an ethics complaint;
1992 (k) as relates to a county legislative body, discussing commercial information as
1993 defined in Section 59-1-404;
1994 (l) as relates to the Utah Higher Education Assistance Authority and its appointed
1995 board of directors, discussing fiduciary or commercial information as defined in Section
1996 53B-12-102;
1997 (m) deliberations, not including any information gathering activities, of a public body
1998 acting in the capacity of:
1999 (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
2000 during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
2001 (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
2002 decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
2003 (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
2004 Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
2005 Procurement Appeals Board;
2006 (n) the purpose of considering information that is designated as a trade secret, as
2007 defined in Section 13-24-2, if the public body's consideration of the information is necessary to
2008 properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
2009 (o) the purpose of discussing information provided to the public body during the
2010 procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
2011 the meeting:
2012 (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
2013 disclosed to a member of the public or to a participant in the procurement process; and
2014 (ii) the public body needs to review or discuss the information to properly fulfill its
2015 role and responsibilities in the procurement process;
2016 (p) as relates to the governing board of a governmental nonprofit corporation, as that
2017 term is defined in Section 11-13a-102, the purpose of discussing information that is designated
2018 as a trade secret, as that term is defined in Section 13-24-2, if:
2019 (i) public knowledge of the discussion would reasonably be expected to result in injury
2020 to the owner of the trade secret; and
2021 (ii) discussion of the information is necessary for the governing board to properly
2022 discharge the board's duties and conduct the board's business;
2023 (q) as it relates to the Cannabis Production Establishment Licensing Advisory Board,
2024 to review confidential information regarding violations and security requirements in relation to
2025 the operation of a cannabis production [
2026 (r) as it relates to the Psilocybin Production Establishment Licensing Board, to review
2027 confidential information regarding violations and security requirements in relation to the
2028 operation of a psilocybin production establishment; or
2029 [
2030 (2) The following meetings shall be closed:
2031 (a) a meeting of the Health and Human Services Interim Committee to review a report
2032 described in Subsection 62A-16-301(1)(a), and the responses to the report described in
2033 Subsections 62A-16-301(2) and (4);
2034 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
2035 (i) review a report described in Subsection 62A-16-301(1)(a), and the responses to the
2036 report described in Subsections 62A-16-301(2) and (4); or
2037 (ii) review and discuss an individual case, as described in Subsection 36-33-103(2);
2038 (c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
2039 Section 26-7-13, to review and discuss an individual case, as described in Subsection
2040 26-7-13(10);
2041 (d) a meeting of a conservation district as defined in Section 17D-3-102 for the
2042 purpose of advising the Natural Resource Conservation Service of the United States
2043 Department of Agriculture on a farm improvement project if the discussed information is
2044 protected information under federal law;
2045 (e) a meeting of the Compassionate Use Board established in Section 26-61a-105 for
2046 the purpose of reviewing petitions for a medical cannabis card in accordance with Section
2047 26-61a-105;
2048 (f) a meeting of the Colorado River Authority of Utah if:
2049 (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in
2050 the Colorado River system; and
2051 (ii) failing to close the meeting would:
2052 (A) reveal the contents of a record classified as protected under Subsection
2053 63G-2-305(82);
2054 (B) reveal a legal strategy relating to the state's claim to the use of the water in the
2055 Colorado River system;
2056 (C) harm the ability of the Colorado River Authority of Utah or river commissioner to
2057 negotiate the best terms and conditions regarding the use of water in the Colorado River
2058 system; or
2059 (D) give an advantage to another state or to the federal government in negotiations
2060 regarding the use of water in the Colorado River system;
2061 (g) a meeting of the General Regulatory Sandbox Program Advisory Committee if:
2062 (i) the purpose of the meeting is to discuss an application for participation in the
2063 regulatory sandbox as defined in Section 63N-16-102; and
2064 (ii) failing to close the meeting would reveal the contents of a record classified as
2065 protected under Subsection 63G-2-305(83);
2066 (h) a meeting of a project entity if:
2067 (i) the purpose of the meeting is to conduct a strategy session to discuss market
2068 conditions relevant to a business decision regarding the value of a project entity asset if the
2069 terms of the business decision are publicly disclosed before the decision is finalized and a
2070 public discussion would:
2071 (A) disclose the appraisal or estimated value of the project entity asset under
2072 consideration; or
2073 (B) prevent the project entity from completing on the best possible terms a
2074 contemplated transaction concerning the project entity asset;
2075 (ii) the purpose of the meeting is to discuss a record, the disclosure of which could
2076 cause commercial injury to, or confer a competitive advantage upon a potential or actual
2077 competitor of, the project entity;
2078 (iii) the purpose of the meeting is to discuss a business decision, the disclosure of
2079 which could cause commercial injury to, or confer a competitive advantage upon a potential or
2080 actual competitor of, the project entity; or
2081 (iv) failing to close the meeting would prevent the project entity from getting the best
2082 price on the market; and
2083 (i) a meeting of the School Activity Eligibility Commission, described in Section
2084 53G-6-1003, if the commission is in effect in accordance with Section 53G-6-1002, to
2085 consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student's
2086 eligibility to participate in an interscholastic activity, as that term is defined in Section
2087 53G-6-1001, including the commission's determinative vote on the student's eligibility.
2088 (3) In a closed meeting, a public body may not:
2089 (a) interview a person applying to fill an elected position;
2090 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
2091 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
2092 or
2093 (c) discuss the character, professional competence, or physical or mental health of the
2094 person whose name was submitted for consideration to fill a midterm vacancy or temporary
2095 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
2096 Temporary Absence in Elected Office.
2097 Section 47. Section 58-31b-305 is amended to read:
2098 58-31b-305. Term of license -- Expiration -- Renewal.
2099 (1) (a) The division shall issue each license or certification under this chapter in
2100 accordance with a two-year renewal cycle established by rule.
2101 (b) The division may by rule extend or shorten a renewal period by as much as one year
2102 to stagger the renewal cycles the division administers.
2103 (2) The division shall renew the license of a licensee who, at the time of renewal:
2104 (a) completes and submits an application for renewal in a form prescribed by the
2105 division;
2106 (b) pays a renewal fee established by the division under Section 63J-1-504;
2107 (c) views a suicide prevention video described in Section 58-1-601 and submits proof
2108 in the form required by the division; and
2109 (d) meets continuing competency requirements as established by rule.
2110 (3) In addition to the renewal requirements under Subsection (2), a person licensed as
2111 an advanced practice registered nurse shall be currently certified by a program approved by the
2112 division in collaboration with the board and submit evidence satisfactory to the division of that
2113 qualification or if licensed prior to July 1, 1992, meet the requirements established by rule.
2114 (4) In addition to the requirements described in Subsections (2) and (3), an advanced
2115 practice registered nurse licensee specializing in psychiatric mental health nursing who, as of
2116 the day on which the division originally issued the licensee's license had not completed the
2117 division's clinical practice requirements in psychiatric and mental health nursing, shall, to
2118 qualify for renewal:
2119 (a) if renewing less than two years after the day on which the division originally issued
2120 the license, demonstrate satisfactory progress toward completing the clinical practice
2121 requirements; or
2122 (b) have completed the clinical practice requirements.
2123 (5) Each license or certification automatically expires on the expiration date shown on
2124 the license or certification unless renewed in accordance with Section 58-1-308.
2125 (6) The division shall accept and apply toward an hour requirement that the division
2126 establishes under Subsection (2)(d) continuing education that an advanced practice registered
2127 nurse completes in accordance with Section 26-61a-106, 26B-4-904, or 26B-4-911.
2128 Section 48. Section 58-37-3.1 is enacted to read:
2129 58-37-3.1. Exemption for possession or distribution of psilocybin or psilocybin
2130 product.
2131 (1) As used in this section, "psilocybin" means any mushroom containing psilocybin
2132 whether fresh or dried.
2133 (2) Notwithstanding any other provision of law, an individual is not guilty for a
2134 violation of this title for the following conduct if the individual engages in the conduct in
2135 accordance with Title 4, Chapter 41c, Psilocybin Production Act, or Title 26B, Chapter 4, Part
2136 9, Utah Medical Psilocybin Act:
2137 (a) possessing, ingesting, producing, manufacturing, dispensing, distributing, selling,
2138 or offering to sell psilocybin or a psilocybin product; or
2139 (b) possessing psilocybin or a psilocybin product with the intent to engage in conduct
2140 described in Subsection (2)(a).
2141 (3) An individual who is assessed a penalty or convicted of a crime under Title 4,
2142 Chapter 41c, Psilocybin Production Act, or Title 26B, Chapter 4, Part 9, Utah Medical
2143 Psilocybin Act, is not, based on the conduct underlying that penalty or conviction, subject to a
2144 penalty described in this chapter for:
2145 (a) the possession, manufacture, sale, or offer for sale of psilocybin or a psilocybin
2146 product; or
2147 (b) the possession, manufacture, sale, or offer for sale of drug paraphernalia.
2148 Section 49. Section 58-60-205.5 is amended to read:
2149 58-60-205.5. Continuing education.
2150 (1) As a condition for renewal of a license under this part, a social service worker
2151 licensee shall, during each two-year licensure cycle, complete qualified continuing professional
2152 education, as defined by rule made in accordance with Title 63G, Chapter 3, Utah
2153 Administrative Rulemaking Act.
2154 (2) The division shall accept and apply toward the professional education established
2155 under Subsection (1) any hours completed in accordance with Section 26B-4-911.
2156 Section 50. Section 58-61-306 is amended to read:
2157 58-61-306. Continuing education.
2158 (1) By rule made under Section 58-1-203, the division may establish a continuing
2159 education requirement as a condition for renewal of a license under this chapter upon finding
2160 continuing education is necessary to reasonably protect the public health, safety, or welfare.
2161 (2) The division shall accept and apply toward the professional education established
2162 under Subsection (1) any hours completed in accordance with Section 26B-4-911.
2163 Section 51. Section 58-67-304 is amended to read:
2164 58-67-304. License renewal requirements.
2165 (1) As a condition precedent for license renewal, each licensee shall, during each
2166 two-year licensure cycle or other cycle defined by division rule:
2167 (a) complete qualified continuing professional education requirements in accordance
2168 with the number of hours and standards defined by division rule made in collaboration with the
2169 board;
2170 (b) appoint a contact person for access to medical records and an alternate contact
2171 person for access to medical records in accordance with Subsection 58-67-302(1)(i);
2172 (c) if the licensee practices medicine in a location with no other persons licensed under
2173 this chapter, provide some method of notice to the licensee's patients of the identity and
2174 location of the contact person and alternate contact person for the licensee; and
2175 (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
2176 successfully complete the educational methods and programs described in Subsection
2177 58-67-807(4).
2178 (2) If a renewal period is extended or shortened under Section 58-67-303, the
2179 continuing education hours required for license renewal under this section are increased or
2180 decreased proportionally.
2181 (3) An application to renew a license under this chapter shall:
2182 (a) require a physician to answer the following question: "Do you perform elective
2183 abortions in Utah in a location other than a hospital?"; and
2184 (b) immediately following the question, contain the following statement: "For purposes
2185 of the immediately preceding question, elective abortion means an abortion other than one of
2186 the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
2187 necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
2188 substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
2189 fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
2190 the woman is pregnant as a result of rape or incest."
2191 (4) In order to assist the Department of Health in fulfilling its responsibilities relating
2192 to the licensing of an abortion clinic and the enforcement of Title 76, Chapter 7, Part 3,
2193 Abortion, if a physician responds positively to the question described in Subsection (3)(a), the
2194 division shall, within 30 days after the day on which it renews the physician's license under this
2195 chapter, inform the Department of Health in writing:
2196 (a) of the name and business address of the physician; and
2197 (b) that the physician responded positively to the question described in Subsection
2198 (3)(a).
2199 (5) The division shall accept and apply toward the hour requirement in Subsection
2200 (1)(a) any continuing education that a physician completes in accordance with [
2201
2202 Section 52. Section 58-68-304 is amended to read:
2203 58-68-304. License renewal requirements.
2204 (1) As a condition precedent for license renewal, each licensee shall, during each
2205 two-year licensure cycle or other cycle defined by division rule:
2206 (a) complete qualified continuing professional education requirements in accordance
2207 with the number of hours and standards defined by division rule in collaboration with the
2208 board;
2209 (b) appoint a contact person for access to medical records and an alternate contact
2210 person for access to medical records in accordance with Subsection 58-68-302(1)(i);
2211 (c) if the licensee practices osteopathic medicine in a location with no other persons
2212 licensed under this chapter, provide some method of notice to the licensee's patients of the
2213 identity and location of the contact person and alternate contact person for access to medical
2214 records for the licensee in accordance with Subsection 58-68-302(1)(j); and
2215 (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
2216 successfully complete the educational methods and programs described in Subsection
2217 58-68-807(4).
2218 (2) If a renewal period is extended or shortened under Section 58-68-303, the
2219 continuing education hours required for license renewal under this section are increased or
2220 decreased proportionally.
2221 (3) An application to renew a license under this chapter shall:
2222 (a) require a physician to answer the following question: "Do you perform elective
2223 abortions in Utah in a location other than a hospital?"; and
2224 (b) immediately following the question, contain the following statement: "For purposes
2225 of the immediately preceding question, elective abortion means an abortion other than one of
2226 the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
2227 necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
2228 substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
2229 fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
2230 the woman is pregnant as a result of rape or incest."
2231 (4) In order to assist the Department of Health in fulfilling its responsibilities relating
2232 to the licensing of an abortion clinic, if a physician responds positively to the question
2233 described in Subsection (3)(a), the division shall, within 30 days after the day on which it
2234 renews the physician's license under this chapter, inform the Department of Health in writing:
2235 (a) of the name and business address of the physician; and
2236 (b) that the physician responded positively to the question described in Subsection
2237 (3)(a).
2238 (5) The division shall accept and apply toward the hour requirement in Subsection
2239 (1)(a) any continuing education that a physician completes in accordance with [
2240
2241 Section 53. Section 58-70a-303 is amended to read:
2242 58-70a-303. Term of license -- Expiration -- Renewal.
2243 (1) (a) The division shall issue each license under this chapter in accordance with a
2244 two-year renewal cycle established by division rule.
2245 (b) The division may by rule extend or shorten a renewal period by as much as one year
2246 to stagger the renewal cycles it administers.
2247 (2) At the time of renewal, the licensee shall show compliance with continuing
2248 education renewal requirements.
2249 (3) Each license issued under this chapter expires on the expiration date shown on the
2250 license unless renewed in accordance with Section 58-1-308.
2251 (4) The division shall accept and apply toward an hour requirement that the division
2252 establishes under Subsection (2) continuing education that a physician assistant completes in
2253 accordance with Section 26-61a-106, 26B-4-904, or 26B-4-911.
2254 Section 54. Section 63I-1-204 is amended to read:
2255 63I-1-204. Repeal dates: Title 4.
2256 (1) Section 4-2-108, which creates the Agricultural Advisory Board, is repealed July 1,
2257 2023.
2258 (2) Title 4, Chapter 2, Part 7, Pollinator Pilot Program, is repealed July 1, 2024.
2259 (3) Section 4-17-104, which creates the State Weed Committee, is repealed July 1,
2260 2026.
2261 (4) Title 4, Chapter 18, Part 3, Utah Soil Health Program, is repealed July 1, 2026.
2262 (5) Section 4-20-103, which creates the Utah Grazing Improvement Program Advisory
2263 Board, is repealed July 1, 2032.
2264 (6) Sections 4-23-104 and 4-23-105, which create the Agricultural and Wildlife
2265 Damage Prevention Board, are repealed July 1, 2024.
2266 (7) Section 4-24-104, which creates the Livestock Brand Board, is repealed July 1,
2267 2025.
2268 (8) Section 4-35-103, which creates the Decision and Action Committee, is repealed
2269 July 1, 2026.
2270 (9) Section 4-39-104, which creates the Domesticated Elk Act Advisory Council, is
2271 repealed July 1, 2027.
2272 (10) Title 4, Chapter 41c, Psilocybin Production Act, is repealed July 1, 2028.
2273 Section 55. Section 63I-1-226 is amended to read:
2274 63I-1-226. Repeal dates: Titles 26 through 26B.
2275 (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
2276 1, 2025.
2277 (2) Section 26-1-40 is repealed July 1, 2022.
2278 (3) Section 26-1-41 is repealed July 1, 2026.
2279 (4) Section 26-1-43 is repealed December 31, 2025.
2280 (5) Section 26-7-10 is repealed July 1, 2025.
2281 (6) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
2282 2028.
2283 (7) Section 26-7-14 is repealed December 31, 2027.
2284 (8) Section 26-8a-603 is repealed July 1, 2027.
2285 (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
2286 1, 2025.
2287 (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
2288 is repealed July 1, 2026.
2289 (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
2290 July 1, 2025.
2291 (12) Subsection 26-15c-104(3), relating to a limitation on the number of
2292 microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.
2293 (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
2294 repealed July 1, 2028.
2295 (14) Section 26-18-27 is repealed July 1, 2025.
2296 (15) Section 26-18-28 is repealed June 30, 2027.
2297 (16) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
2298 2027.
2299 (17) Subsection 26-18-418(2), the language that states "and the Behavioral Health
2300 Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
2301 (18) Section 26-33a-117 is repealed December 31, 2023.
2302 (19) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
2303 (20) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
2304 2024.
2305 (21) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
2306 July 1, 2024.
2307 (22) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
2308 (23) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
2309 Committee, is repealed July 1, 2024.
2310 (24) Section 26-39-405, Drinking water quality in child care centers, is repealed July 1,
2311 2027.
2312 (25) Section 26-40-104, which creates the Utah Children's Health Insurance Program
2313 Advisory Council, is repealed July 1, 2025.
2314 (26) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
2315 Committee, is repealed July 1, 2025.
2316 (27) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
2317 Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
2318 (28) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
2319 2026.
2320 (29) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July 1,
2321 2024.
2322 (30) Section 26-69-406 is repealed July 1, 2025.
2323 (31) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
2324 Advisory Committee, is repealed July 1, 2024.
2325 (32) Subsection 26B-1-204(2)(k), related to the Primary Care Grant Committee, is
2326 repealed July 1, 2025.
2327 (33) Title 26B, Chapter 4, Part 9, Utah Medical Psilocybin Act, is repealed July 1,
2328 2028.