The Oregon Psilocybin Advisory Board (OPAB) was established by Measure 109 and is responsible for making recommendations to the Oregon Health Authority (OHA) for psilocybin services in Oregon. OPAB has met monthly since March of 2021, and the last monthly meeting was set for June 22, 2022. After that, OPAB will meet every two months. In a
On May 26, 2022, the Oregon Health Authority (OHA) announced it received a legal memorandum from the Oregon Department of Justice (ODOJ). The legal memorandum (memo) addresses the Oregon Psilocybin Services Program and discussed the Entheogenic Framework. The Entheogenic Framework is a document created by Jon Dennis, an attorney in Oregon. It is a set
We often receive questions from ketamine clinics regarding who must obtain a DEA registration to dispense controlled substances. There are two candidates to consider – the healthcare providers who work at the clinic and the clinic itself. Often, there is a misconception about whether a clinic needs to hold a DEA registration. We wrote about
Oregon psilocybin service centers will be open for business after the Oregon Health Authority (OHA) finalizes regulations and issues licenses early next year. Psilocybin services will be heavily regulated, and business owners are encouraged to pay close attention to OHA rules. But unexpected issues may arise that are unrelated to OHA. For instance, the legal
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
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
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
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. What
Ketamine clinics are run by various provider types in the United States. In some states, mid-level practitioners (e.g., Nurse Practitioners and Physician Assistants) can practice independently. In other states, such providers can only work independently if they are supervised or overseen by a physician. However, the question then becomes whether any physician can run a
