1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 4293 By: Pae | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to controlled dangerous substances; | | creating the Veterans Mental Health Innovation Act; | 8| authorizing certain entities to conduct scientific | | research and clinical trials related to ibogaine; | 9| specifying certain uses for which scientific research | | or clinical trials are authorized; limiting number of | 10| memoranda of agreement that universities or | | institutions of higher education may enter into; | 11| imposing requirements with respect to studies; | | requiring registration with the State Department of | 12| Health and the Oklahoma Department of Agriculture, | | Food, and Forestry; prescribing requirements for | 13| registration information; providing for specified | | nonrefundable fees; requiring additional registration | 14| with the Oklahoma State Bureau of Narcotics and | | Dangerous Drugs Control; stipulating duration of | 15| registration; requiring certain notification of | | change of facility location; requiring written | 16| certifications for clinical trial participants; | | prescribing content of written certifications; | 17| providing for expiration of certifications; providing | | immunity to persons conducting or participating in | 18| research or clinical trials; requiring submission of | | written reports by certain date; providing for | 19| confidentiality of certain personal information; | | requiring specified agencies to maintain | 20| confidentiality with respect to information; | | directing promulgation of rules; providing for | 21| codification; and providing an effective date. | | | 22| | | | 23| | | | 24| | | | Req. No. 15634 Page 1 ___________________________________________________________________________
1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 2| SECTION 1. NEW LAW A new section of law to be codified | | | 3|in the Oklahoma Statutes as Section 2-810 of Title 63, unless there | | | 4|is created a duplication in numbering, reads as follows: | | | 5| A. This act shall be known and may be cited as the "Veterans | | | 6|Mental Health Innovation Act". | | | 7| B. The purpose of this act is to allow states and commonwealths | | | 8|to join a multistate consortium to advance research on ibogaine as | | | 9|medical treatment. | | | 10| SECTION 2. NEW LAW A new section of law to be codified | | | 11|in the Oklahoma Statutes as Section 2-811 of Title 63, unless there | | | 12|is created a duplication in numbering, reads as follows: | | | 13| A. A university or other institution of higher education | | | 14|located in this state, or a research facility that has entered into | | | 15|a memorandum of agreement with a university or institution of higher | | | 16|education located in this state, may conduct scientific research on | | | 17|ibogaine for the treatment of persons eighteen (18) years of age or | | | 18|older who experience any of the following medical conditions: | | | 19| 1. Posttraumatic stress disorder; | | | 20| 2. Treatment-resistant/refractory depression; | | | 21| 3. Treatment-resistant/refractory anxiety; | | | 22| 4. Treatment-resistant/refractory obsessive-compulsive | | | 23|disorder; | | | 24| 5. Traumatic brain injury; | | | Req. No. 15634 Page 2 ___________________________________________________________________________
1| 6. Early-stage dementia; | | | 2| 7. Palliative care; | | | 3| 8. End-of-life care; | | | 4| 9. Opioid use disorder; or | | | 5| 10. Moderate to severe chronic pain. | | | 6| B. The university or institution of higher education may enter | | | 7|into no more than one memorandum of agreement with a research | | | 8|facility for the purposes of conducting scientific research under | | | 9|this section. | | | 10| C. In conducting such scientific research as described in | | | 11|subsection B of this section, the studies shall: | | | 12| 1. Study the therapeutic efficacy of using ibogaine in the | | | 13|treatment of the medical conditions listed in subsection B of this | | | 14|section; | | | 15| 2. Review the current literature regarding: | | | 16| a. the safety and efficacy of using ibogaine in the | | | 17| treatment of the medical conditions listed in | | | 18| subsection C of this section, and | | | 19| b. the access persons have to ibogaine for the treatment | | | 20| of the medical conditions listed in subsection A of | | | 21| this section; and | | | 22| 3. Examine the science of cultivation, synthesis, extraction, | | | 23|and processing of ibogaine as well as any other naturally occurring | | | 24|source organisms of these molecules. | | | Req. No. 15634 Page 3 ___________________________________________________________________________
1| D. 1. Eligible entities as described in subsection A of this | | | 2|section shall register with the State Department of Health and the | | | 3|Oklahoma Department of Agriculture, Food, and Forestry prior to and | | | 4|for the purposes of growing, studying, processing, or dispensing | | | 5|ibogaine-containing Tabernanthe iboga plant, or studying, | | | 6|extracting, synthesizing, or dispensing ibogaine. The registration | | | 7|submission information shall include: | | | 8| a. the name and address of the research facility, | | | 9| b. a prospectus approved by a university or other | | | 10| institution of higher education, and | | | 11| c. certification from the institutional review board of | | | 12| the university or institution of higher education if | | | 13| human trials are part of the research. | | | 14| 2. By registering, the registrant acknowledges and agrees that: | | | 15| a. the information contained in the registration | | | 16| submissions may be provided to law enforcement | | | 17| agencies, and | | | 18| b. the registrant shall submit an annual report | | | 19| detailing compliance with annual regulation | | | 20| requirements. | | | 21| 3. The State Department of Health shall collect a one-time, | | | 22|nonrefundable fee of Five Hundred Dollars ($500.00) from the | | | 23|registrant at the time of registration and the Oklahoma Department | | | 24|of Agriculture, Food, and Forestry shall collect a one-time | | | Req. No. 15634 Page 4 ___________________________________________________________________________
1|nonrefundable fee of One Hundred Dollars ($100.00) from the | | | 2|registrant at the time of registration. The registrant shall, upon | | | 3|completion of registration with the State Department of Health and | | | 4|the Oklahoma Department of Agriculture, Food, and Forestry, register | | | 5|with the Oklahoma State Bureau of Narcotics and Dangerous Drugs | | | 6|Control as provided by Section 2-301 et seq. of Title 63 of the | | | 7|Oklahoma Statutes annually for as long as the research remains | | | 8|active. | | | 9| 4. Registration under this subsection is valid for one (1) | | | 10|year, effective upon confirmation and receipt of all registrations | | | 11|required by this subsection. Notwithstanding the registration fee | | | 12|listed in Section 2-303 of Title 63 of the Oklahoma Statutes, the | | | 13|registration required by this subsection shall satisfy and supersede | | | 14|all other registration and reporting requirements otherwise imposed | | | 15|by state law. | | | 16| 5. Should the registrant change facility locations for the | | | 17|cultivation, testing, synthesis, storage, or dispensing of ibogaine, | | | 18|it shall report such changes within fourteen (14) business days to | | | 19|the State Department of Health, the Oklahoma Department of | | | 20|Agriculture, Food, and Forestry, and the Oklahoma State Bureau of | | | 21|Narcotics and Dangerous Drugs Control. | | | 22| E. 1. A written certification shall be issued to persons | | | 23|qualifying for participation in the pilot program described in this | | | 24| | | | Req. No. 15634 Page 5 ___________________________________________________________________________
1|section by a physician participating in the pilot program. The | | | 2|written certification shall contain the following: | | | 3| a. the name, address, and telephone number of the | | | 4| issuing physician, | | | 5| b. the name and address of the patient to whom the | | | 6| written certification is issued, | | | 7| c. the date on which the written certification was made, | | | 8| | | | 9| d. the signature of the physician, | | | 10| e. the quantity of ibogaine to be dispensed, and | | | 11| f. the form of ibogaine to be dispensed. | | | 12| 2. The written certification issued under this subsection shall | | | 13|expire one (1) year after its issuance unless the written | | | 14|certification specifies an earlier date of expiration. | | | 15| F. 1. A scientific researcher or physician operating under a | | | 16|valid registration issued in accordance with this section shall not | | | 17|be subject to arrest, prosecution, or any civil or administrative | | | 18|penalty for the possession, cultivation, synthesis, extraction, or | | | 19|distribution of ibogaine insofar as the scientific researcher's or | | | 20|physician's conduct is in compliance with the provisions of this | | | 21|section. | | | 22| 2. A patient participating in the pilot program under a valid | | | 23|written certification issued in accordance with this section shall | | | 24|not be subject to arrest, prosecution, or any civil or | | | Req. No. 15634 Page 6 ___________________________________________________________________________
1|administrative penalty for the use or possession of ibogaine insofar | | | 2|as the patient's conduct is in compliance with the provisions of | | | 3|this section. | | | 4| 3. In any prosecution involving possession of ibogaine as those | | | 5|terms are specified in subsection C of Section 2-204 of Title 63 of | | | 6|the Oklahoma Statutes, it shall be an affirmative defense if a | | | 7|person can demonstrate by clear and convincing evidence that he or | | | 8|she has one or more of the qualifying medical conditions or | | | 9|circumstances listed in subsection B of this section. This | | | 10|subsection shall not be understood to be the decriminalization of | | | 11|ibogaine. | | | 12| G. Researching entities shall submit a final written report to | | | 13|the President Pro Tempore of the Oklahoma State Senate and the | | | 14|Speaker of the Oklahoma House of Representatives containing the | | | 15|results of the studies conducted under this section and any | | | 16|recommendations for legislative or other actions not later than | | | 17|December 1, 2029. | | | 18| H. Researching entities shall ensure any protected health | | | 19|information collected during the pilot program done in accordance | | | 20|with this section does not personally identify any individual. | | | 21| I. The State Department of Health, the Oklahoma Department of | | | 22|Agriculture, Food, and Forestry, the Oklahoma State Bureau of | | | 23|Narcotics and Dangerous Drugs Control, and any other state agency | | | 24|with access to the research programs authorized by this section | | | Req. No. 15634 Page 7 ___________________________________________________________________________
1|shall not release or allow to be released through inaction any | | | 2|protected health information. The protected health information of | | | 3|pilot program participants shall be exempt from the Oklahoma Open | | | 4|Records Act. | | | 5| J. The State Commissioner of Health, the State Board of | | | 6|Agriculture, and the Director of the Oklahoma State Bureau of | | | 7|Narcotics and Dangerous Drugs Control shall promulgate rules | | | 8|necessary to implement the program authorized in this section. | | | 9| K. On the condition that ibogaine is approved by the Untied | | | 10|States Food and Drug Administration to treat a medical condition: | | | 11| 1. A licensed physician shall prescribe ibogaine for a patient; | | | 12|and | | | 13| 2. A licensed physician shall supervise the administration of | | | 14|ibogaine at a hospital or other licensed health care facility to | | | 15|ensure the patient's safety while the patient is under the influence | | | 16|of ibogaine. | | | 17| SECTION 3. This act shall become effective November 1, 2026. | | | 18| | | | 19| 60-2-15634 TKR 01/12/26 | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 15634 Page 8