§ 475A.235 — General powers and duties; rules

Oregon § 475A.235

• Jurisdiction: Oregon
• Vol.: 14
• Title 37: Alcoholic Liquors; Controlled Substances; Drugs
• Ch. 475A: Psilocybin Regulation

Text

(1) The Oregon Health Authority has the duties, functions and powers specified in ORS 475A.210 to 475A.722 and the powers necessary or proper to enable the authority to carry out the authority’s duties, functions and powers under ORS 475A.210 to 475A.722. The jurisdiction, supervision, duties, functions and powers of the authority extend to any person that produces, processes, transports, delivers, sells or purchases a psilocybin product in this state or that provides a psilocybin service in this state. The authority may sue and be sued.
(2) The duties, functions and powers of the authority specified in ORS 475A.210 to 475A.722 include the following:
(a) To examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end-of-life psychological distress.
(b) After the two-year program development period:
(A) To regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services in this state in accordance with the provisions of ORS 475A.210 to 475A.722;
(B) To issue, renew, suspend, revoke or refuse to issue or renew licenses for the manufacturing or sale of psilocybin products, the provision of psilocybin services, or other licenses related to the consumption of psilocybin products, and to permit, in the authority’s discretion, the transfer of a license between persons; and
(C) To regulate the use of psilocybin products and psilocybin services for other purposes as deemed necessary or appropriate by the authority.
(c) To adopt, amend or repeal rules as necessary to carry out the intent and provisions of ORS 475A.210 to 475A.722, including rules that the authority considers necessary to protect the public health and safety.
(d) To exercise all powers incidental, convenient or necessary to enable the authority to administer or carry out the provisions of ORS 475A.210 to 475A.722 or any other law of this state that charges the authority with a duty, function or power related to psilocybin products and psilocybin services. Powers described in this paragraph include, but are not limited to:
(A) Issuing subpoenas;
(B) Compelling the attendance of witnesses;
(C) Administering oaths;
(D) Certifying official acts;
(E) Taking depositions as provided by law;
(F) Compelling the production of books, payrolls, accounts, papers, records, documents and testimony; and
(G) Establishing fees in addition to the application, licensing and renewal fees described in ORS 475A.290, 475A.305, 475A.325 and 475A.594, provided that any fee established by the authority is reasonably calculated not to exceed the cost of the activity for which the fee is charged.
(e) To adopt rules prohibiting advertising psilocybin products to the public.
(f) To adopt rules regulating and prohibiting advertising psilocybin services in a manner:
(A) That is appealing to minors;
(B) That promotes excessive use;
(C) That promotes illegal activity;
(D) That violates the code of professional conduct for psilocybin service facilitators formulated by the authority; or
(E) That otherwise presents a significant risk to public health and safety.
(3) The authority may not require that a psilocybin product be manufactured by means of chemical synthesis.
(4) The authority may not require a client to be diagnosed with or have any particular medical condition as a condition to being provided psilocybin services.
(5) Fees collected pursuant to subsection (2)(d)(G) of this section shall be deposited in the Psilocybin Control and Regulation Fund established under ORS 475A.492.

Legislative History

2021 c.1 §8