Informed consent obligations for facilitators

Last reviewed: August 2026 · Psychedelic law changes quickly — verify current status before relying on this page.

For licensed psilocybin facilitators in Oregon who want to understand what informed consent requires, what forms are mandatory, what each form covers, and where the obligation ends.

The short answer

Oregon’s informed consent framework for psilocybin services is more structured than most facilitators expect. OPS prescribes specific mandatory forms that every facilitator must use — the forms are not optional, not customizable, and not substituted by a facilitator’s own documents. The centerpiece is a 33-item initialed informed consent document that must be reviewed with every client individually before their first administration session. Beyond that document, additional written consent forms are required for specific activities. A facilitator who skips or abbreviates this process — or substitutes their own version — is in violation of OAR 333-333 regardless of whether the client understood and agreed to the experience.

The Oregon informed consent document is governed by OAR 333-333-5040. It is a 33-item form, updated effective January 1, 2026, published by OHA and available at oregon.gov/psilocybin. Facilitators are required to use OHA’s template — they may not substitute their own version or omit items.

Every item must be reviewed with the client during the preparation session and initialed individually by the client. The review is not a formality. A facilitator who hands the document to a client to sign without reviewing each item has not met the requirement.

The informed consent document covers: the nature of psilocybin services and what they are not (specifically, that they are not a medical or clinical treatment); the effects and risks of psilocybin; the formal exclusion criteria; confidentiality protections and their limits; the Client Bill of Rights; the facilitator’s scope of practice and its limits; and the client’s right to withdraw or discontinue at any time. The document also includes acknowledgments relevant to dual licensure where HB 2387 applies.

The client information form

The client information form is governed by OAR 333-333-5050. This is a separate document from the informed consent form. It collects health history relevant to the three formal exclusions — current ideation of harm to self or others, lithium use within 30 days, and history of diagnosis or treatment for active psychosis at any time — and other information relevant to safe facilitation.

A client who discloses any of the three formal exclusions on this form may not proceed to an administration session. The facilitator is not permitted to override the exclusion based on their own judgment about the client’s actual risk level. The form as updated January 1, 2026 also includes fields related to dual licensure under HB 2387 where applicable.

The Client Bill of Rights

OAR 333-333-4520 requires the facilitator to review the Client Bill of Rights with every client during the preparation session. It must also be posted prominently at the service center. The Bill of Rights addresses the client’s right to receive services free from discrimination, to have their records kept confidential, to withdraw from services, to know the facilitator’s scope of practice, and to file a complaint with OPS.

The safety and support plan

OAR 333-333-5080 requires the facilitator to complete a safety and support plan with the client before each administration session. The plan identifies the client’s coping strategies and support systems, and documents the plan for how the client will address any distress during or after the session. It also connects to the transportation plan — a separate document under OAR 333-333-5150 that confirms the client will not operate a vehicle following the session.

Beyond the core informed consent document, OAR 333-333-5000(8) requires separate written consent from the client before an administration session for the following specific circumstances:

Participation in a group administration session
Use of supportive touch during the administration session
Presence of training practicum students
Video or audio recording of any portion of the sessions
Sharing of identifiable client data
Use of different facilitators across the preparation, administration, and integration sessions
Consuming secondary doses after the session has begun
Presence of service center licensee representatives during administration

Each of these requires a separate consent — not a blanket acknowledgment in the main informed consent document. A facilitator who uses supportive touch without prior written consent, or allows a practicum student to observe without the client’s separate written consent, has violated OAR 333-333 regardless of whether the client verbally agreed in the moment.

All required forms must be completed and signed before the administration session. The preparation session is the designated time for this review. A facilitator cannot conduct an administration session with a client who has not completed the informed consent document, the client information form, and the other required pre-session documentation.

After the initial preparation session, a facilitator is not required to complete a full new preparation session before subsequent administration sessions with the same client within a 12-month period — but must confirm that the client’s information on the forms is still current. If anything material has changed (new medications, new health conditions, changed circumstances), the forms should be updated.

Informed consent is not a liability waiver. The 33-item document and the client’s signatures do not release a facilitator from the duty to conduct the session within OAR 333-333’s requirements, to follow the non-directive approach, or to respond appropriately to a medical emergency. A client who signed every form and then experienced harm from a facilitator’s rule violation cannot be told that their signature forecloses their claim.

Informed consent also does not authorize a facilitator to make health-related claims about psilocybin services. The document explicitly states that services are not a medical or clinical treatment. A facilitator who tells a client verbally that the session will treat their depression — even after the client has signed the consent form — is in violation of OAR 333-333-6040’s prohibition on dishonest conduct.

Records and storage

All client records — including the signed informed consent document, the client information form, and all additional consent forms — must be stored at the service center under OAR 333-333-4820. A facilitator cannot retain copies independently at a location other than the service center. Records must be transferred to the service center within 15 days of creation or before the administration session, whichever comes first.

When public information may be enough

OPS publishes all required forms — the informed consent document, client information form, safety and support plan template, transportation plan, and Client Bill of Rights — at oregon.gov/psilocybin. The forms are updated periodically; facilitators should confirm they are using the current version before each preparation session. OAR 333-333-5040 (informed consent), OAR 333-333-5050 (client information form), and OAR 333-333-4520 (Client Bill of Rights) are publicly available through the Oregon Secretary of State’s administrative rules database.

When you should speak with a lawyer

If you have conducted sessions without completing required consent forms, or if a client is contesting whether informed consent was properly obtained, consult an attorney before responding to any complaint or claim. If you are structuring a dual-licensed practice under HB 2387 and are uncertain how the updated consent forms interact with your professional licensing obligations — particularly around documentation and HIPAA — legal guidance specific to your situation is worth getting before you begin.

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This article is for general informational purposes only and does not constitute legal advice. Laws and regulations governing psilocybin services change frequently. For advice about your specific situation, consult a licensed attorney.

The short answer

The mandatory informed consent document