New Mexico Register / Volume XXXVII,
Issue 16 / August 25, 2026
NOTICE
OF PUBLIC HEARING
The
New Mexico Department of Health (Department) will hold a public hearing on the proposed adoption
of a new rule, 7.35.3 NMAC, concerning the New Mexico Medical Psilocybin
Program (“Program”), and proposed amendments to Program rule sections 7.35.2.7
NMAC, 7.35.2.10, and 7.35.2.24 NMAC. The
hearing will be held on Friday, October 2, 2026 at 9:00
a.m. in the Harold Runnels Building auditorium, located at 1190 St. Francis
Drive, Santa Fe, New Mexico. The hearing
will also be broadcast via a live web-based video conference, and via telephone.
Members of the public who wish to submit
public comment regarding the proposed rule will be able to do so in person at
the hearing, via video conference, or via telephone during the hearing, and by
submitting written comment.
The rule 7.35.3
NMAC proposes to adopt standards for patient enrollment in the New Mexico
Medical Psilocybin Program, as well as standards concerning certifying
clinicians, practitioners, facilitators, healing centers and other approved
locations, and educational programs in the NM Medical Psilocybin Program. The rule includes, but is not limited to, the
following:
·
Application
requirements for patients;
·
Application
requirements, operating requirements, data submittal requirements, and
prohibitions for certifying clinicians, practitioners, facilitators, healing
centers and other approved locations, and educational programs;
·
Curriculum
and didactic requirements for educational programs;
·
Provisions
for Department evaluation and assessment of educational programs, healing
centers and other approved locations;
·
Requirements
for third-party evaluators of educational programs;
·
Educational
requirements for certifying clinicians, practitioners, and facilitators;
·
Practitioner
and facilitator practicum requirements;
·
Educational
program mentoring requirements;
·
Provisions
for reciprocal enrollment by certifying clinicians, practitioners, and
facilitators, and for reciprocal recognition of educational programs;
·
Provisions
for administrative review of denied initial patient applications;
·
Prohibitions
and limitations for qualified patients and certificants;
·
Emergency
planning and adverse health event reporting requirements for healing centers
and other approved locations;
·
Protocols
for storage and handling of psilocybin products; and
·
Provisions
for the denial, suspension, revocation, or other disciplinary action against, a
patient’s enrollment or application for enrollment, and against the
certification or application for certification of a certifying clinician,
practitioner, facilitator, healing center or other approved location, or
educational program; and a hearings process for those persons to appeal the
decision or proposed decision of the Department.
The proposed
amendment to 7.35.2.7 NMAC would revise definitions used in Medical Psilocybin
Program rules.
The proposed
amendment to 7.35.2.10(G) NMAC would revise general producer requirements.
The proposed
amendment to 7.35.2.24 NMAC would revise requirements concerning the
transportation of psilocybin.
The purpose of the
proposed rule 7.35.3 NMAC and proposed amendments to 7.35.2.7, 7.35.2.10(G),
and 7.35.2.24 NMAC is to implement the Medical Psilocybin Act, sections 26-2D-1
through -11, NMSA 1978.
The legal
authority authorizing the adoption of this rule by the Department is the
Department of Health Act, Subsection E of section 9-7-6 NMSA 1978, which
authorizes the secretary of the department of health to “...make and adopt such
reasonable and procedural rules and regulations as may be necessary to carry
out the duties of the department and its divisions,”; and the Medical
Psilocybin Act, at section 26-2D-7, NMSA 1978, which requires the Department to
establish:
·
appropriate
qualifying conditions for qualified patients;
·
necessary
initial and ongoing training for producers and clinicians;
·
treatment
protocols, including patient selection criteria, medical service standards,
dosage standards and approved settings for administration of psilocybin to
patients;
·
safety
protocols for transporting, storing and handling psilocybin and treating
patients;
·
other
best practices for producers and clinicians;
·
requirements
for data collection to evaluate the program and the use of best practices by
producers and clinicians; and
·
other
requirements, restrictions and limitations to ensure an efficacious program.
A free copy of
the full text of the proposed rule can be obtained online from the New Mexico
Department of Health’s website at http://nmhealth.org/about/asd/cmo/rules/ or by contacting the Department
using the contact information below.
The public hearing will be conducted to receive public
comment on the proposed rule. Any
interested member of the public may attend the hearing and may submit data,
views, or arguments on the proposed rule either orally or in writing during the
hearing.
The hearing will be held on October 2, 2026 at the Harold Runnels Building auditorium, located at
1190 St. Francis Drive, Santa Fe, New Mexico.
To access the hearing via the Internet: please go to
https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting and then enter
the following meeting i.d. code and passcode where
indicated on the screen: meeting i.d. code 283 701
292 311 099 and passcode Cx9ND6Pk and then click the “Join a meeting” button.
To access the hearing by telephone: please call 1-505-312-4308
and enter phone conference i.d. 120 257 56#
Individuals who wish to receive an e-mailed calendar
invitation for the hearing may register online at
https://events.gcc.teams.microsoft.com/event/6f41bc8d-b848-4eb7-88ec-3f0ca5f9ade6@04aa6bf4-d436-426f-bfa4-04b7a70e60ff
All comments will be recorded.
Written public
comment regarding the proposed rule can be submitted either by e-mail to Jacob
Clark at jacob.clark@doh.nm.gov, or by U.S. postal mail to the following
address:
Jacob Clark
NMDOH OGC
P.O. Box 26110
1190 St. Francis Dr., Suite N-4095
Santa Fe, NM
87502-6110
Written
comments must be received by the close of the public rule hearing October 2,
2026. All written comments will be
published on the agency website at https://www.nmhealth.org/about/asd/cmo/rules/
within 3 days of receipt, and will be available at the New Mexico Department of
Health for public inspection.
If you are an
individual with a disability and need special assistance or accommodation to
attend or participate in the hearing, please contact Jacob Clark by telephone
at (505) 827-2997. The Department
requests at least ten (10) days’ advance notice to provide special
accommodation.