§ 475A.365 — Use of client information form in prosecution; reliance on client information form; exception from liability

Oregon § 475A.365

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

Text

(1) If a client information form is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a client, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a client unless it is demonstrated that a reasonable person would have determined that the responses provided by the client on the client information form were incorrect or altered.
(2) A licensee or licensee representative shall be entitled to rely upon all statements, declarations, and representations made by a client in a client information form unless it is demonstrated that:
(a) A reasonable person would have determined that one or more of the statements, declarations, and representations made by the client in the client information form were incorrect or altered; or
(b) The licensee or licensee representative violated a provision of ORS 475A.210 to 475A.722 or a rule adopted under ORS 475A.210 to 475A.722 relative to the client information form.
(3) Except as provided in subsection (2) of this section, no licensee or licensee representative shall incur legal liability by virtue of any untrue statements, declarations, or representations so relied upon in good faith by the licensee or licensee representative.

Legislative History

2021 c.1 §38