Psilocybin, synesthesia and informed consent. What a mashup! When a person can hear the color “blue,” or taste the word “apple,” can that person legally give consent? What if a client requests a facilitator to give a reassuring touch during an administration session, but later sues the facilitator for unwanted physical contact? Oregon is in
Welcome to the fourth installment in this series surveying business and regulatory issues in the Oregon psilocybin program. Today I’ll cover access to professional service providers. Service providers and the Oregon psilocybin industry I’ve mentioned before that Oregon psilocybin shares many parallels with what came before with cannabis. In the early days of cannabis, it
Regulations continue to develop in Oregon for psilocybin services, and businesses will soon operate in the new industry. As we explained in a recent webinar, the new industry will be heavily regulated, and psilocybin-related businesses will be expected to strictly comply with these regulations and the Oregon Psilocybin Services Act. These businesses will need help
Federal law requires prior in-person evaluations before a physician can provide telehealth services. The federal government declared a COVID-19 public health emergency, essentially suspending this rule. Following this suspension, ketamine telehealth providers and other virtual telehealth providers popped up all over the country. In all likelihood, the emergency declaration will end soon, leaving the industry
One of the primary restrictions that ketamine clinics run into when retaining a Management Services Organization (MSO) are fee-splitting prohibitions. Fee splitting is a state law concept and can vary from state to state. In some instances, though, fee-splitting can also lead to issues under the federal healthcare fraud and abuse laws, as discussed below.
Ketamine telehealth just got a big lifeline. On April 12, 2022, the Department of Health and Human Services (HHS) renewed its determination that a public health emergency (PHE) exists due to COVID-19. Obviously, this has been a hugely controversial move even if the renewal is only good for 90 days. This 90 day extension is
For anyone who was unable to join our April 7th webinar, Oregon Psilocybin: Ready to Launch, we’ve got you covered! Below, please find the full presentation below for your viewing pleasure. Stay up to date by subscribing to the Psychedelics Law Blog.
This article was originally published on Bill of Health, the blog of Petrie-Flom Center at Harvard Law School, as part of a digital symposium, A Macro View of Microdosing. In light of the widespread cultural and business culture adoption of microdosing, private sector employers should reconsider the implications of a blanket prohibition on workplace use of controlled substances. Microdosing
On Friday, April 1, 2022 the Oregon Health Authority (OHA) released revised proposed Oregon Administrative Rules (OARs) for psilocybin services. These rules focus on psilocybin products, testing, and training programs. There will be public hearings on these rules on April 18 and April 21, 2021. In part one, we covered the rules related to psilocybin
On Friday, April 1, 2022 the Oregon Health Authority (OHA) released revised proposed Oregon Administrative Rules (OARs) for psilocybin services. These rules focus on psilocybin products, testing, and training programs. There will be public hearings on these rules on April 18 and April 21, 2021. In part one of this series, we covered the rules
