(b) A psilocybin service center is not a health care facility subject to ORS chapter 441.
(2) A psilocybin service center operator must have a service center operator license issued by the authority for the premises at which psilocybin services are provided. To hold a service center operator license under this section, a psilocybin service center operator:
(a) Must apply for a license in the manner described in ORS 475A.245;
(b) Must provide proof that the applicant is 21 years of age or older;
(c) Must, until January 1, 2025:
(A) If the direct owner of the business operating or to be operated under the license is a legal entity, provide proof that more than 50 percent of the shares, membership interests, partnership interests, or other ownership interests of the legal entity are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years;
(B) If the direct owner of the business operating or to be operated under the license is a partnership that is not a legal entity, provide proof that more than 50 percent of the partnership interests of the partnership are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years; and
(C) If the direct owner of the business operating or to be operated under the license is an individual, provide proof that the individual has been a resident of this state for two or more years;
(d) Must ensure that the psilocybin service center is located in an area that is not:
(A) Within the limits of an incorporated city or town; and
(B) Zoned exclusively for residential use;
(e) Except as provided in ORS 475A.310, must ensure that the psilocybin service center is not located within 1,000 feet of:
(A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
(B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and
(f) Must meet the requirements of any rule adopted by the authority under subsection (3) of this section.
(3) The authority shall adopt rules that:
(a) Require a psilocybin service center operator to annually renew a license issued under this section;
(b) Establish application, licensure and renewal of licensure fees for psilocybin service center operators;
(c) Require psilocybin products sold by a psilocybin service center operator to be tested in accordance with ORS 475A.590; and
(d) Require a psilocybin service center operator to meet any public health and safety standards and industry best practices established by the authority by rule.
(4) Fees adopted under subsection (3)(b) of this section:
(a) May not exceed, together with other fees collected under ORS 475A.210 to 475A.722, the cost of administering ORS 475A.210 to 475A.722; and
(b) Shall be deposited in the Psilocybin Control and Regulation Fund established under ORS 475A.492. [2021 c.1 §26]
Note: As originally enacted by the people, the leadline to ORS 475A.305 read "Service center operator license; fees; rules." The leadline was changed by editorial action.