Or. Admin. R. 333-333-4400

Current through Register Vol. 63, No. 8, August 1, 2024

Section 333-333-4400 - Licensed Premises Operating Requirements

(1) A licensee or permittee may not permit:

(a) A person under 21 years of age to work or be on a licensed premises except for persons temporarily at the premises to make a service, maintenance, or repair call or for other purposes independent of the premises operations.

(b) On-site sale or transfer of a psilocybin product except for sales and transfers to other licensed premises and retail sales by a service center in connection with an administration session.

(c) On-site consumption of a psilocybin product except for clients consuming psilocybin products at a service center in connection with an administration session.

(d) On-site consumption of any intoxicants by any individual, except for clients consuming psilocybin products during an administration session.

(2) A licensee must clearly identify all limited access areas in accordance with OAR 333-333-4000(3)(e).

(3) Log. A licensee must keep a daily log of all licensees, licensee representatives and employees and permitted visitors who perform work on the licensed premises, except for Oregon Health Authority (Authority) employees and other state or local government officials acting in an official capacity who have jurisdiction over some aspect of the licensed premises or operation. The daily log must contain the license number and worker permit number, if applicable, for all individuals listed in the log.

(a) A licensee must record and retain the following information for each current employee and license representative and make the information available to the Authority upon request:

(A) For a licensee, employee or license representative required to have a worker permit, the permit number and name of the individual as they appear on the worker permit.

(B) For a licensee, employee or license representative not required to have a worker permit, the legal name and date of birth of the individual.

(b) All permitted visitors present on the licensed premises must wear or display an item issued by the licensee that visually identifies the individual as a permitted visitor.

(c) Upon client request, facilitators, permitted workers and licensee representatives present at a service center must make reasonable efforts to wear, display or carry an item provided by the licensee that identifies their role at the licensed premises.

(d) All permitted visitors must be supervised by a licensee representative when they are present in limited access areas or any areas where clients may be present.

(e) On the daily log, a licensee must record the name and date of birth as this information is displayed on valid government-issued ID for every contractor who performs work on the licensed premises.

(f) A licensee must maintain a copy of the daily log required by subsection (3)(e) of this rule for a period of at least two years.

(4) Permitted Visitors. The general public is not permitted in limited access areas on a licensed premises. In addition to licensee representatives, the following visitors are permitted to be present in limited access areas on a licensed premises, subject to the requirements of these rules:

(a) Laboratory personnel if the laboratory is licensed by the Authority.

(b) A contractor, vendor or individual or entity providing professional services to a licensee, including media authorized by a licensee representative to be on the licensed premises.

(c) Another licensee or that licensee's representative.

(5) Nothing in this rule is intended to prevent or prohibit Authority employees or contractors, or other state or local government officials that have jurisdiction over some aspect of the licensed premises or licensee from being on the licensed premises.

(6) A licensee may not sublet any portion of a licensed premises. A service center may authorize the temporary use of a licensed premises subject to OAR 333-333-4300(6), excluding limited access areas, for activities that are unrelated to the exercise of license privileges. The requirements of these rules and ORS 475A.210 to 475A.722 remain in effect when such activities take place.

(7) A licensed premises may receive psilocybin products only from other licensed premises as allowed by these rules.

(8) A licensee may not allow animals to be present on the licensed premises, except for assistance animals as allowed under ORS 659A.143.

(9) If the licensed premises contains outdoor areas, the boundaries of the licensed outdoor areas must be clearly marked with visible signage or barriers.

(10) Licensees that are required to be registered with the Oregon Secretary of State must register prior to receiving a license and maintain registration, including registration of an Assumed Business Name (ABN) if applicable that is used as an operational name.

(11) Licensee representatives who are not licensees under ORS 475A are prohibited from exercising control over the license.

(12) Licensees must construct and maintain floors, walls, ceilings counters and surface areas within a licensed premises in a manner that reduces the potential development of microbials, molds and unintended fungi.

Or. Admin. R. 333-333-4400

PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022; PH 58-2023, amend filed 12/21/2023, effective 1/1/2024

Statutory/Other Authority: ORS 475A.235

Statutes/Other Implemented: ORS 475A.235 & ORS 475A.460