Psychedelic Legal Frontiers: Preparing Practices for MDMA and Beyond with Husch Blackwell

Delve into the evolving legal landscape of MDMA-assisted psychotherapy. This episode features Kimberly Chew and Karen Luong, co-leaders of the Psychedelic and Emerging Therapies group at Husch Blackwell. In this enlightening conversation, they decode the legal steps required to offer MDMA treatment for PTSD, a topic of interest for 60% of our surveyed clinicians.

They discuss the certification requirements for practitioners, liability concerns, state and federal regulations, and risk reduction strategies. They also talk about the potential of insurance coverage for MDMA therapy, informed by their insights into ketamine clinics and the regulations that surround them. Finally, they reflect on the exciting advancements in the field of psychedelic research and therapy, offering their perspective on the future trajectory of this promising therapeutic realm.

Shownotes and Timestamps:

3:00: MDMA for PTSD certification requirements for practitioners
5:20: REMS program explanation and how they’re collecting post-marketing data.
6:30: Liability concerns practitioners should be aware of with MDMA and current lawsuit types they’re currently seeing, and how to avoid them.
8:45: Any litigation concerns we can learn from ketamine as an example (different types of insurance practioners should get to avoid a lawsuit or claim)
11:40: Other training considerations to avoid legal issues to be prepared
12:30: state and federal regulations that govern MDMA therapy (false start) - start over at 11:45
15:30:How state and federal laws intersect, and the significance of trigger laws
16:25: How friendly is California to these MDMA developments?
16:55: How can practioners make sure they’re within compliance with MDMA laws?
18:11: Will the public have an opportunity to chime in with commentary and support for MDMA’s legal status/rescheduling? How to use the public comment system to advocate.
19:20: Once rescheduled, what are the rules for purchasing and storing MDMA?
21:10: Security concerns
21:40: Legal considerations for MDMA therapy compared to other substances - how intense will the regulations be?
23:40: Will there be standard operating procedures (SOPs) for uniform standards for psychedelics?
25:05: Insurance coverage for psychedelics and CPT codes
27:00: Why approving psychedelics for insurance reimbursment saves insurance companies money? The case for covering psychedelics.
28:18: What’s the best way to reduce risk and reduce malpractice claims heading into this decade? Details about transporting patients.‍

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