HOUSE OF REPRESENTATIVES	H.B. NO.	1340
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MENTAL HEALTH.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that mental health conditions are treated in various ways, depending on the condition, and can include medication, therapy, and psychosocial services. Congress, through the Breakthrough Therapies Act, and the Food and Drug Administration have indicated that methylenedioxymethamphetamine, commonly known as MDMA, and psilocybin will be rescheduled to enable therapeutic use. MDMA and psilocybin have already been granted the Food and Drug Administration's breakthrough therapy designation to fast-track research and potential approval given efficacy in treating treatment-resistant depression and post-traumatic stress disorder. These treatments, while effective for certain conditions and patients, do not treat all mental health conditions. However, research supports the effectiveness of natural and alternative medicines and therapies, such as the use of MDMA, psilocybin, and other therapies, as a safe and effective way to potentially treat depression, post-traumatic stress disorder, addiction, end-of-life psychological distress, and other afflictions.

The purpose of this Act is to establish the beneficial treatments advisory council to review, evaluate, and recommend new medicinal treatments for mental health.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§321-    Beneficial treatments advisory council; established. (a) There is established within the department for administrative purposes only, a beneficial treatments advisory council. The council shall consist of the following members:

(1) Five of the members, or their respective designees, shall be the following ex officio, voting members:

(A) The director of health, who shall serve as the chairperson of the advisory council;

(B) The attorney general;

(C) The chairpersons of the health standing committees within the senate and house of representatives; and

(D) The chairperson of the Hawaii state council on mental health; and

(2) Four of the members shall be appointed pursuant to section 26-34 and shall consist of:

(A) A physician who is duly licensed pursuant to chapter 453 or an advanced practice registered nurse who is authorized to prescribe psychotropic medication and is duly licensed pursuant to chapter 457;

(B) One physician duly licensed pursuant to chapter 453, with specialties in substance abuse and psychiatry;

(C) One representative from an organization that advocates for the therapeutic use of plant-based psychedelic modalities; and

(D) One representative from an accredited research institution providing cortication and train for professionals on the use of psychedelic modalities.

(b) Members appointed pursuant to subsection (a)(2) shall serve without compensation, but may be reimbursed for necessary expenses, including reasonable travel expenses, incurred in the performance of their duties.

(c) The beneficial treatments advisory council shall:

(1) Examine federal, state, and local laws, regulations, administrative rules, and procedures regarding the treatment of mental health;

(2) Examine available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of methods to treat mental health conditions;

(3) Examine requirements, specifications, and guidelines for a medical professional to prescribe and provide various treatments to patients in jurisdictions in which the treatment is used to treat mental health conditions;

(4) Develop a long-term strategic plan to ensure the availability of therapeutic psilocybin, psilocybin‑based products, and methylenedioxymethamphetamine that are safe, accessible, and affordable for adults twenty-one years of age or older; and

(5) Advise the department on new and revised mental health treatment options."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on June 30, 3000.

Report Title:

Beneficial Treatments Advisory Council; DOH; Mental Health

Description:

Permanently establishes the beneficial treatments advisory council to review mental health treatment information and advise the department of health. Effective 6/30/3000. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.