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Colorado Senate Bill SB290

Colorado 2023 Regular Session

Colorado Senate Bill SB290 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
7+LLS NO. 23-0271.07 Jacob Baus x2173
18 SENATE BILL 23-290
2-BY SENATOR(S) Fenberg, Bridges, Ginal, Jaquez Lewis, Marchman,
3-Priola;
4-also REPRESENTATIVE(S) Amabile, Garcia, McCormick, Valdez.
9+Senate Committees House Committees
10+Finance Finance
11+Appropriations Appropriations
12+A BILL FOR AN ACT
513 C
614 ONCERNING NATURAL MEDICINE , AND, IN CONNECTION THEREWITH ,
7-MAKING AN APPROPRIATION.
8-Be it enacted by the General Assembly of the State of Colorado:
9-SECTION 1. In Colorado Revised Statutes, 12-170-102, amend
10-(1)(b); and add (2) as follows:
11-12-170-102. Legislative declaration. (1) The voters of the state of
12-Colorado find and declare that:
13-(b) Coloradans are experiencing problematic mental health issues,
15+101
16+MAKING AN APPROPRIATION .102
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+The bill amends the regulatory framework for natural medicine and
25+natural medicine product.
26+The bill requires the director of the division of professions and
27+occupations to:
28+! Regulate facilitators and the practice of regulation,
29+including issuing licenses for facilitators;
30+HOUSE
31+Amended 2nd Reading
32+April 28, 2023
33+SENATE
34+3rd Reading Unamended
35+April 25, 2023
36+SENATE
37+Amended 2nd Reading
38+April 24, 2023
39+SENATE SPONSORSHIP
40+Fenberg, Bridges, Ginal, Jaquez Lewis, Marchman, Priola
41+HOUSE SPONSORSHIP
42+Amabile,
43+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
44+Capital letters or bold & italic numbers indicate new material to be added to existing law.
45+Dashes through the words or numbers indicate deletions from existing law. ! Promulgate rules necessary for the regulation of facilitators
46+and the practice of facilitation; and
47+! Perform duties necessary for the implementation and
48+administration of the "Natural Medicine Health Act of
49+2022", including investigatory and disciplinary authority.
50+The bill creates the natural medicine advisory board (board). The
51+board's duties include examining issues related to natural medicine and
52+natural medicine product, and making recommendations to the director
53+of the division of professions and occupations and the executive director
54+of the state licensing authority.
55+The bill creates within the department of revenue the division of
56+natural medicine for the purpose of regulating and licensing the
57+cultivation, manufacturing, testing, storage, distribution, transport,
58+transfer, and dispensation of natural medicine or natural medicine product
59+between natural medicine licensees. The bill requires the division of
60+natural medicine to:
61+! Regulate natural medicine, natural medicine product, and
62+natural medicine businesses, including healing centers,
63+cultivators, manufacturers, and testers, and issue licenses
64+for such businesses;
65+! Promulgate rules necessary for the regulation of natural
66+medicine, natural medicine product, and natural medicine
67+businesses; and
68+! Perform duties necessary for the regulation of natural
69+medicine, natural medicine product, and natural medicine
70+businesses, including investigatory and disciplinary
71+authority.
72+The bill requires the department of revenue to coordinate with the
73+department of public health and environment concerning testing standards
74+of regulated natural medicine and natural medicine product.
75+The bill requires a sunset review for the articles governing the
76+department of regulatory affairs and the department of revenue in the
77+regulation of natural medicine, natural medicine product, facilitators, and
78+natural medicine businesses.
79+The bill states that:
80+! A person who is under 21 years of age who knowingly
81+possesses or consumes natural medicine or natural
82+medicine product commits a drug petty offense and is
83+subject to a fine of not more than $100 or not more than 4
84+hours of substance use education or counseling; except that
85+a second or subsequent offense is subject to a fine of not
86+more than $100, not more than 4 hours of substance use
87+education or counseling, and not more than 24 hours of
88+useful public service;
89+! A person who openly and publicly consumes natural
90+290
91+-2- medicine or natural medicine product commits a drug petty
92+offense and is subject to a fine of not more than $100 and
93+not more than 24 hours of useful public service;
94+! A person who cultivates natural medicine shall do so on the
95+person's private property, subject to area and physical
96+security requirements. A person who violates this provision
97+commits a drug petty offense and is subject to a fine of not
98+more than $1,000.
99+! A person who is not licensed to manufacture natural
100+medicine product and who knowingly manufactures natural
101+medicine product using an inherently hazardous substance
102+commits a level 2 drug felony;
103+! Unless expressly limited, a person who for the purpose of
104+personal use and without remuneration, possesses,
105+consumes, shares, cultivates, or manufactures natural
106+medicine or natural medicine product, does not violate state
107+or local law, except that nothing permits a person to
108+distribute natural medicine or natural medicine product to
109+a person for certain unlawful purposes;
110+! A peace officer is prohibited from arresting, and a district
111+attorney is prohibited from charging or prosecuting, a
112+person for a criminal offense under part 4 of article 18 of
113+title 18 involving natural medicine or natural medicine
114+product, unless expressly provided by the bill;
115+! A lawful action related to natural medicine or natural
116+medicine product must not be the sole reason to subject a
117+person to a civil penalty, deny a right or privilege, or seize
118+assets;
119+! A lawful action related to natural medicine or natural
120+medicine product must not be used as the sole factor in a
121+probable cause or reasonable suspicion determination of
122+any criminal offense; except that an action may be used in
123+such determination if the original stop or search was lawful
124+and other factors are present to support a probable cause or
125+reasonable suspicion determination of any criminal offense;
126+! The fact that a person is entitled to consume natural
127+medicine or natural medicine product does not constitute a
128+defense against any charge for violation of an offense
129+related to operation of a vehicle, aircraft, boat, machinery,
130+or other device;
131+! A local jurisdiction is prohibited from adopting, enacting,
132+or enforcing a conflicting law;
133+! A person or entity who occupies, owns, or controls a
134+property may prohibit or otherwise regulate the cultivation
135+or manufacture of natural medicine or natural medicine
136+290
137+-3- product on or in that property.
138+The bill states that an act involving natural medicine or natural
139+medicine product that is performed by a person:
140+! Does not solely constitute child abuse or neglect, or
141+grounds for restricting or prohibiting family time;
142+! Does not solely constitute grounds for denying health
143+insurance coverage;
144+! Does not solely constitute grounds for discrimination for
145+organ donation; and
146+! Must not be considered for public assistance benefits
147+eligibility, unless required by federal law.
148+The bill makes a person eligible to file a motion to have conviction
149+records related to natural medicine or natural medicine product sealed
150+immediately after the later date of final disposition or release from
151+supervision.
152+Under federal law, certain expenses are disallowed under section
153+280E of the internal revenue code. Under state law, the state income tax
154+code permits taxpayers who are licensed under the "Colorado Marijuana
155+Code" to subtract expenses that are disallowed by section 280E of the
156+internal revenue code. The bill expands this permission to taxpayers who
157+are licensed under the "Colorado Natural Medicine Code".
158+Be it enacted by the General Assembly of the State of Colorado:1
159+SECTION 1. In Colorado Revised Statutes, 12-170-102, amend2
160+(1)(b); and add (2) as follows:3
161+12-170-102. Legislative declaration. (1) The voters of the state4
162+of Colorado find and declare that:5
163+(b) Coloradans are experiencing problematic mental health issues,6
14164 including but not limited to suicidality, addiction,
15-END-OF-LIFE DISTRESS,
16-depression, and anxiety.
165+END-OF-LIFE DISTRESS,7
166+depression, and anxiety.8
17167 (2) T
18-HE GENERAL ASSEMBLY FINDS AND DECLARES THAT :
168+HE GENERAL ASSEMBLY FINDS AND DECLARES THAT :9
19169 (a) C
20170 ONSIDERABLE HARM MAY OCCUR TO THE FEDERALLY
21-NOTE: This bill has been prepared for the signatures of the appropriate legislative
22-officers and the Governor. To determine whether the Governor has signed the bill
23-or taken other action on it, please consult the legislative status sheet, the legislative
24-history, or the Session Laws.
25-________
26-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27-through words or numbers indicate deletions from existing law and such material is not part of
28-the act. RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,
29-CULTURES, AND RELIGIONS IF NATURAL MEDICINE IS OVERLY COMMODIFIED ,
30-COMMERCIALIZED, AND EXPLOITED IN A MANNER THAT RESULTS IN THE
31-ERASURE OF IMPORTANT CULTURAL AND RELIGIOUS CONTEXT
32-;
171+10
172+RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,11
173+CULTURES, AND RELIGIONS IF NATURAL MEDICINE IS OVERLY12
174+COMMODIFIED, COMMERCIALIZED, AND EXPLOITED IN A MANNER THAT13
175+290-4- RESULTS IN THE ERASURE OF IMPORTANT CULTURAL AND RELIGIOUS1
176+CONTEXT;2
33177 (b) C
34178 ONSIDERABLE HARM MAY OCCUR TO THE FEDERALLY
35-RECOGNIZED
36-AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,
37-CULTURES, AND RELIGIONS IF FACILITATORS, HEALING CENTERS, AND OTHER
38-NATURAL MEDICINE LICENSEES WITH MINIMAL OR NO CONNECTION TO
39-TRADITIONAL USE OF NATURAL MEDICINE MISAPPROPRIATE OR EXPLOIT
40-TRIBAL AND
41-INDIGENOUS CULTURES AND RELIGIONS ;
179+3
180+RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,4
181+CULTURES, AND RELIGIONS IF FACILITATORS, HEALING CENTERS, AND5
182+OTHER NATURAL MEDICINE LICENSEES WITH MINIMAL OR NO CONNECTION6
183+TO TRADITIONAL USE OF NATURAL MEDICINE MISAPPROPRIATE OR EXPLOIT7
184+TRIBAL AND INDIGENOUS CULTURES AND RELIGIONS ;8
42185 (c) I
43186 T IS THE GENERAL ASSEMBLY'S INTENT TO ENSURE THAT THE
44-FEDERALLY RECOGNIZED
45-AMERICAN TRIBES AND INDIGENOUS PEOPLE,
46-COMMUNITIES, CULTURES, AND RELIGIONS ARE HONORED AND RESPECTED AS
47-THE STATE LEGALIZES AND REGULATES NATURAL MEDICINE
48-. BY ENACTING
49-LAWS
50-, RULES, AND ORDERS TO IMPLEMENT THIS ARTICLE 170 AND ARTICLE
51-50 OF TITLE 44, THE GENERAL ASSEMBLY, DIVISION, AND STATE LICENSING
52-AUTHORITY SHALL CONSIDER THE POTENTIAL FOR DIRECT AND INDIRECT
53-HARM THAT MAY OCCUR TO THE FEDERALLY RECOGNIZED
54-AMERICAN TRIBES
55-AND
56-INDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS THAT
57-HAVE A CONNECTION TO NATURAL MEDICINE
58-; AND
59-(d) ALTHOUGH THERE MAY BE TREMENDOUS POTENTIAL IN UTILIZING
60-NATURAL MEDICINE FOR MANAGING VARIOUS MENTAL HEALTH CONDITIONS
61-,
62-HEALING, AND SPIRITUAL GROWTH , THIS POTENTIAL MUST BE
63-APPROPRIATELY BALANCED WITH THE HEALTH AND SAFETY RISKS THAT IT
64-COULD POSE TO CONSUMERS AS WELL AS THE CULTURAL HARMS IT COULD
65-POSE TO THE FEDERALLY RECOGNIZED
66-AMERICAN TRIBES AND INDIGENOUS
67-AND TRADITIONAL COMMUNITIES THAT HAVE CONNECTIONS TO NATURAL
68-MEDICINE
69-.
70-SECTION 2. In Colorado Revised Statutes, repeal and reenact,
71-with amendments, 12-170-103 as follows:
187+9
188+FEDERALLY RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE,10
189+COMMUNITIES, CULTURES, AND RELIGIONS ARE HONORED AND RESPECTED11
190+AS THE STATE LEGALIZES AND REGULATES NATURAL MEDICINE . BY12
191+ENACTING LAWS, RULES, AND ORDERS TO IMPLEMENT THIS ARTICLE 17013
192+AND ARTICLE 50 OF TITLE 44, THE GENERAL ASSEMBLY , DIVISION, AND14
193+STATE LICENSING AUTHORITY SHALL CONSIDER THE POTENTIAL FOR15
194+DIRECT AND INDIRECT HARM THAT MAY OCCUR TO THE FEDERALLY 16
195+RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,17
196+CULTURES, AND RELIGIONS THAT HAVE A CONNECTION TO NATURAL18
197+MEDICINE; AND19
198+(d) A
199+LTHOUGH THERE MAY BE TREMENDOUS POTENTIAL IN20
200+UTILIZING NATURAL MEDICINE FOR MANAGING VARIOUS MENTAL HEALTH21
201+CONDITIONS, HEALING, AND SPIRITUAL GROWTH, THIS POTENTIAL MUST BE22
202+APPROPRIATELY BALANCED WITH THE HEALTH AND SAFETY RISKS THAT IT23
203+COULD POSE TO CONSUMERS AS WELL AS THE CULTURAL HARMS IT COULD24
204+POSE TO THE FEDERALLY RECOGNIZED AMERICAN TRIBES AND
205+ INDIGENOUS25
206+AND TRADITIONAL COMMUNITIES THAT HAVE CONNECTIONS TO NATURAL26
207+MEDICINE.27
208+290
209+-5- SECTION 2. In Colorado Revised Statutes, repeal and reenact,1
210+with amendments, 12-170-103 as follows:2
72211 12-170-103. Applicability of common provisions. A
73-RTICLES 1 AND
74-20 OF THIS TITLE 12 APPLY, ACCORDING TO THEIR TERMS, TO THIS ARTICLE
75-170.
76-SECTION 3. In Colorado Revised Statutes, repeal and reenact,
77-PAGE 2-SENATE BILL 23-290 with amendments, 12-170-104 as follows:
212+RTICLES 13
213+AND 20 OF THIS TITLE 12 APPLY, ACCORDING TO THEIR TERMS, TO THIS4
214+ARTICLE 170.5
215+SECTION 3. In Colorado Revised Statutes, repeal and reenact,6
216+with amendments, 12-170-104 as follows:7
78217 12-170-104. Definitions. A
79-S USED IN THIS ARTICLE 170, UNLESS THE
80-CONTEXT OTHERWISE REQUIRES
81-:
218+S USED IN THIS ARTICLE 170, UNLESS8
219+THE CONTEXT OTHERWISE REQUIRES :9
82220 (1) "A
83-DMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT
84-A HEALING CENTER
85-, OR ANOTHER LOCATION AS ALLOWED BY THIS ARTICLE
86-170 AND ARTICLE 50 OF TITLE 44, DURING WHICH A PARTICIPANT CONSUMES
87-AND EXPERIENCES THE EFFECTS OF REGULATED NATURAL MEDICINE OR
88-REGULATED NATURAL MEDICINE PRODUCT UNDER THE SUPERVISION OF A
89-FACILITATOR
90-.
221+DMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT10
222+A HEALING CENTER, OR ANOTHER LOCATION AS ALLOWED BY THIS ARTICLE11
223+170
224+ AND ARTICLE 50 OF TITLE 44, DURING WHICH A PARTICIPANT12
225+CONSUMES AND EXPERIENCES THE EFFECTS OF REGULATED NATURAL13
226+MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT UNDER THE14
227+SUPERVISION OF A FACILITATOR.15
91228 (2) "B
92-OARD" MEANS THE STATE NATURAL MEDICINE ADVISORY
93-BOARD CREATED IN SECTION
94-12-170-106.
229+OARD" MEANS THE STATE NATURAL MEDICINE ADVISORY16
230+BOARD CREATED IN SECTION 12-170-106.17
95231 (3) "D
96-IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR THE
97-DIRECTOR
98-'S DESIGNEE.
232+IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR THE18
233+DIRECTOR'S DESIGNEE.19
99234 (4) "D
100-IVISION" MEANS THE DIVISION OF PROFESSIONS AND
101-OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION
102-12-20-103.
235+IVISION" MEANS THE DIVISION OF PROFESSIONS AND20
236+OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION21
237+12-20-103.22
103238 (5) "F
104-ACILITATION" MEANS THE PERFORMANCE AND SUPERVISION OF
105-NATURAL MEDICINE SERVICES FOR A PARTICIPANT
106-.
239+ACILITATION" MEANS THE PERFORMANCE AND SUPERVISION23
240+OF NATURAL MEDICINE SERVICES FOR A PARTICIPANT .24
107241 (6) "F
108-ACILITATOR" MEANS AN INDIVIDUAL WHO IS TWENTY -ONE
109-YEARS OF AGE OR OLDER
110-; HAS THE NECESSARY QUALIFICATIONS, TRAINING,
111-EXPERIENCE, AND KNOWLEDGE, AS REQUIRED PURSUANT TO THIS ARTICLE
112-170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 170, TO PERFORM
113-AND SUPERVISE NATURAL MEDICINE SERVICES FOR A PARTICIPANT
114-; AND IS
115-LICENSED BY THE DIRECTOR TO ENGAGE IN THE PRACTICE OF FACILITATION
116-.
117-(7) "F
118-EDERALLY RECOGNIZED AMERICAN TRIBE" HAS THE SAME
119-MEANING AS
120-"INDIAN TRIBE" AS DEFINED BY THE FEDERAL "FEDERALLY
121-RECOGNIZED INDIAN TRIBE LIST ACT OF 1994", AS AMENDED.
122-(8) "H
123-EALING CENTER" MEANS A FACILITY WHERE AN ENTITY IS
124-LICENSED BY THE STATE LICENSING AUTHORITY PURSUANT TO ARTICLE
125-50 OF
126-TITLE
127-44 THAT PERMITS A FACILITATOR TO PROVIDE AND SUPERVISE
128-NATURAL MEDICINE SERVICES FOR A PARTICIPANT
129-.
130-PAGE 3-SENATE BILL 23-290 (9) "HEALTH-CARE FACILITY" MEANS AN ENTITY THAT IS LICENSED,
131-CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER MEDICAL
132-TREATMENT IN THIS STATE
133-, INCLUDING A HOSPITAL, CLINIC, HOSPICE ENTITY,
134-COMMUNITY MENTAL HEALTH CENTER , FEDERALLY QUALIFIED HEALTH
135-CENTER
136-, RURAL HEALTH CLINIC, ORGANIZATION PROVIDING A PROGRAM OF
137-ALL
138--INCLUSIVE CARE FOR THE ELDERLY , LONG-TERM CARE FACILITY,
139-CONTINUING CARE RETIREMENT COMMUNITY , OR OTHER TYPE OF ENTITY
140-WHERE HEALTH CARE IS PROVIDED
141-.
142-(10) "I
143-NTEGRATION SESSION" MEANS A MEETING BETWEEN A
144-PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF AN
145-ADMINISTRATION SESSION
146-.
147-(11) "L
148-OCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR
149-CITY AND COUNTY
150-.
151-(12) (a) "N
152-ATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES :
242+ACILITATOR" MEANS AN INDIVIDUAL WHO IS TWENTY -ONE25
243+YEARS OF AGE OR OLDER ; HAS THE NECESSARY QUALIFICATIONS ,26
244+TRAINING, EXPERIENCE, AND KNOWLEDGE , AS REQUIRED PURSUANT TO27
245+290
246+-6- THIS ARTICLE 170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE1
247+170,
248+ TO PERFORM AND SUPERVISE NATURAL MEDICINE SERVICES FOR A2
249+PARTICIPANT; AND IS LICENSED BY THE DIRECTOR TO ENGAGE IN THE3
250+PRACTICE OF FACILITATION.4 (7) "FEDERALLY RECOGNIZED AMERICAN TRIBE" HAS THE SAME5
251+MEANING AS "INDIAN TRIBE" AS DEFINED BY THE FEDERAL "FEDERALLY6
252+RECOGNIZED INDIAN TRIBE LIST ACT OF 1994", AS AMENDED.7
253+(8) "HEALING CENTER" MEANS A FACILITY WHERE AN ENTITY IS8
254+LICENSED BY THE STATE LICENSING AUTHORITY PURSUANT TO ARTICLE 509
255+OF TITLE 44 THAT PERMITS A FACILITATOR TO PROVIDE AND SUPERVISE10
256+NATURAL MEDICINE SERVICES FOR A PARTICIPANT .11
257+(9) "HEALTH-CARE FACILITY" MEANS AN ENTITY THAT IS12
258+LICENSED, CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER13
259+MEDICAL TREATMENT IN THIS STATE , INCLUDING A HOSPITAL, CLINIC,14
260+HOSPICE ENTITY, COMMUNITY MENTAL HEALTH CENTER , FEDERALLY15
261+QUALIFIED HEALTH CENTER , RURAL HEALTH CLINIC , ORGANIZATION16
262+PROVIDING A PROGRAM OF ALL -INCLUSIVE CARE FOR THE ELDERLY ,17
263+LONG-TERM CARE FACILITY, CONTINUING CARE RETIREMENT COMMUNITY ,18
264+OR OTHER TYPE OF ENTITY WHERE HEALTH CARE IS PROVIDED .19
265+(10) "INTEGRATION SESSION" MEANS A MEETING BETWEEN A20
266+PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF21
267+AN ADMINISTRATION SESSION.22
268+(11) "LOCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR23
269+CITY AND COUNTY.24
270+(12) (a) "NATURAL MEDICINE" MEANS THE FOLLOWING25
271+SUBSTANCES:26
153272 (I) P
154-SILOCYBIN; OR
155-(II) PSILOCYN.
273+SILOCYBIN; OR27
274+290
275+-7- (II) PSILOCYN.1
156276 (b) I
157-N ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION (12)(a)
158-OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:
277+N ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION2 (12)(a) OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:3
159278 (I) D
160-IMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND
161-APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE
162-LICENSING AUTHORITY FOR INCLUSION ON OR AFTER
163-JUNE 1, 2026;
279+IMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND4
280+APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE5
281+LICENSING AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026;6
164282 (II)
165- IBOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED BY
166-THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
167-AUTHORITY
168-; OR
169-(III) MESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED
170-BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
171-AUTHORITY FOR INCLUSION ON OR AFTER
172-JUNE 1, 2026.
283+ IBOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED7
284+BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING8
285+AUTHORITY; OR9
286+(III) M
287+ESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED10
288+BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING11
289+AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026.12
173290 (c) "N
174-ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
291+ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR13
175292 SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS
176- (12)(a)
177-AND (12)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY
178-PAGE 4-SENATE BILL 23-290 OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING
179-CHEMICAL SYNTHESIS
180-, CHEMICAL MODIFICATION , OR CHEMICAL
181-CONVERSION
182-.
293+(12)(a)14
294+AND (12)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY15
295+OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING16
296+CHEMICAL SYNTHESIS , CHEMICAL MODIFICATION , OR CHEMICAL17
297+CONVERSION.18
183298 (d) N
184-OTWITHSTANDING SUBSECTION (12)(b)(III) OF THIS SECTION,
299+OTWITHSTANDING SUBSECTION
300+(12)(b)(III) OF THIS SECTION,19
185301 "
186-MESCALINE" DOES NOT INCLUDE PEYOTE , MEANING ALL PARTS OF THE
187-PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE
188-,
189-WHETHER GROWING OR NOT ; ITS SEED; ANY EXTRACT FROM ANY PART OF
190-THE PLANT
191-, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR
192-PREPARATION OF THE PLANT
193-; OR ITS SEEDS OR EXTRACTS.
194-(13) "N
195-ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED
196-WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION
197-.
198-(14) "N
199-ATURAL MEDICINE SERVICES " MEANS A PREPARATION
200-SESSION
201-, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED
202-PURSUANT TO THIS ARTICLE
203-170.
204-(15) "P
205-ARTICIPANT" MEANS AN INDIVIDUAL WHO IS TWENTY -ONE
206-YEARS OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE SERVICES
207-PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR
208-.
209-(16) "P
210-REPARATION SESSION" MEANS A MEETING BETWEEN A
211-PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE AN ADMINISTRATION
212-SESSION
213-. "PREPARATION SESSION " DOES NOT MEAN AN INITIAL
214-CONSULTATION
215-, AN INQUIRY, OR RESPONSE ABOUT NATURAL MEDICINE
216-SERVICES
217-.
218-(17) "R
219-EGULATED NATURAL MEDICINE " MEANS NATURAL MEDICINE
220-THAT IS CULTIVATED
221-, MANUFACTURED, TESTED, STORED, DISTRIBUTED,
222-TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO ARTICLE 50 OF
223-TITLE
224-44.
225-(18) "R
226-EGULATED NATURAL MEDICINE PRODUCT " MEANS NATURAL
227-MEDICINE PRODUCT THAT IS CULTIVATED
228-, MANUFACTURED, TESTED, STORED,
229-DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO
230-ARTICLE
231-50 OF TITLE 44.
232-(19) "R
233-EMUNERATION" MEANS ANYTHING OF VALUE , INCLUDING
234-MONEY
235-, REAL PROPERTY, TANGIBLE AND INTANGIBLE PERSONAL PROPERTY ,
236-PAGE 5-SENATE BILL 23-290 CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT OF USE OR
237-EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED THEREWITH
238-,
239-BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
240-(20) "S
241-TATE LICENSING AUTHORITY " MEANS THE AUTHORITY
242-CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE
243-LICENSING OF THE CULTIVATION
244-, MANUFACTURING, TESTING, STORING,
245-DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF
246-REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE
247-PRODUCT IN THIS STATE PURSUANT TO SECTION
248-44-50-201.
249-SECTION 4. In Colorado Revised Statutes, repeal and reenact,
250-with amendments, 12-170-105 as follows:
251-12-170-105. Director powers and duties - prohibition - rules.
302+MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE20
303+PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE ,21
304+WHETHER GROWING OR NOT ; ITS SEED; ANY EXTRACT FROM ANY PART OF22
305+THE PLANT, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR23
306+PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS.24 (13) "NATURAL MEDICINE PRODUCT" MEANS A PRODUCT INFUSED25
307+WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .26
308+(14) "NATURAL MEDICINE SERVICES " MEANS A PREPARATION27
309+290
310+-8- SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED1
311+PURSUANT TO THIS ARTICLE 170.2
312+(15) "PARTICIPANT" MEANS AN INDIVIDUAL WHO IS TWENTY -ONE3
313+YEARS OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE4
314+SERVICES PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR .5
315+(16) "PREPARATION SESSION" MEANS A MEETING BETWEEN A6
316+PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE AN7
317+ADMINISTRATION SESSION. "PREPARATION SESSION" DOES NOT MEAN AN8
318+INITIAL CONSULTATION, AN INQUIRY, OR RESPONSE ABOUT NATURAL9
319+MEDICINE SERVICES.10
320+(17) "REGULATED NATURAL MEDICINE " MEANS NATURAL11
321+MEDICINE THAT IS CULTIVATED , MANUFACTURED, TESTED, STORED,12
322+DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO13
323+ARTICLE 50 OF TITLE 44.14
324+(18) "REGULATED NATURAL MEDICINE PRODUCT " MEANS NATURAL15
325+MEDICINE PRODUCT THAT IS CULTIVATED , MANUFACTURED, TESTED,16
326+STORED, DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED17
327+PURSUANT TO ARTICLE 50 OF TITLE 44.18
328+(19) "REMUNERATION" MEANS ANYTHING OF VALUE, INCLUDING19
329+MONEY, REAL PROPERTY , TANGIBLE AND INTANGIBLE PERSONAL20
330+PROPERTY, CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT21
331+OF USE OR EMPLOYMENT OR PR OMISE OR AGREEMENT CONNECTED22
332+THEREWITH, BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.23
333+(20) "STATE LICENSING AUTHORITY " MEANS THE AUTHORITY24
334+CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE25
335+LICENSING OF THE CULTIVATION, MANUFACTURING, TESTING, STORING,26
336+DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF27
337+290
338+-9- REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE1
339+PRODUCT IN THIS STATE PURSUANT TO SECTION 44-50-201.2
340+SECTION 4. In Colorado Revised Statutes, repeal and reenact,3
341+with amendments, 12-170-105 as follows:4
342+12-170-105. Director powers and duties - prohibition - rules.5
252343 (1) I
253-N ADDITION TO ANY OTHER POWERS AND DUTIES GRANTED OR IMPOSED
254-ON THE DIRECTOR PURSUANT TO THIS ARTICLE
255-170 OR BY ANY OTHER LAW,
256-THE DIRECTOR HAS THE FOLLOWING POWERS AND DUTIES :
344+N ADDITION TO ANY OTHER POWERS AND DUTIES GRANTED OR6
345+IMPOSED ON THE DIRECTOR PURSUANT TO THIS ARTICLE 170 OR BY ANY7
346+OTHER LAW, THE DIRECTOR HAS THE FOLLOWING POWERS AND DUTIES :8
257347 (a) T
258-O PROMULGATE RULES PURSUANT TO SECTION 12-20-204
259-CONCERNING THE FOLLOWING SUBJECTS :
348+O PROMULGATE RULES PURSUANT TO SECTION 12-20-2049
349+CONCERNING THE FOLLOWING SUBJECTS :10
260350 (I) R
261-EQUIREMENTS FOR THE SAFE PROVISION OF REGULATED
262-NATURAL MEDICINE
263-, REGULATED NATURAL MEDICINE PRODUCT , AND
264-NATURAL MEDICINE SERVICES TO A PARTICIPANT
265-, INCLUDING:
351+EQUIREMENTS FOR THE SAFE PROVISION OF REGULATED11
352+NATURAL MEDICINE, REGULATED NATURAL MEDICINE PRODUCT , AND12
353+NATURAL MEDICINE SERVICES TO A PARTICIPANT , INCLUDING:13
266354 (A) P
267-ARAMETERS FOR A PREPARATION SESSION, AN ADMINISTRATION
268-SESSION
269-, AND AN INTEGRATION SESSION, INCLUDING REQUIREMENTS FOR
270-PROVIDING AND VERIFYING THE COMPLETION OF EACH SESSION
271-; WHETHER
272-ANY OF THE SESSIONS MAY BE CONDUCTED USING TELEPHONE OR
273-AUDIO
274--VISUAL COMMUNICATION TECHNOLOGY ; AND ANY TIMELINESS
275-REQUIREMENTS FOR WHEN EACH SESSION MUST BE COMPLETED IN RELATION
276-TO THE OTHER SESSIONS
277-;
355+ARAMETERS FOR A PREPARATION SESSION , AN14
356+ADMINISTRATION SESSION, AND AN INTEGRATION SESSION , INCLUDING15
357+REQUIREMENTS FOR PROVIDING AND VERIFYING THE COMPLETION OF EACH16
358+SESSION; WHETHER ANY OF THE SESSIONS MAY BE CONDUCTED USING17
359+TELEPHONE OR AUDIO-VISUAL COMMUNICATION TECHNOLOGY ; AND ANY18
360+TIMELINESS REQUIREMENTS FOR WHEN EACH SESSION MUST BE COMPLETED19
361+IN RELATION TO THE OTHER SESSIONS;20
278362 (B) H
279-EALTH AND SAFETY WARNINGS THAT MUST BE PROVIDED TO A
280-PARTICIPANT BEFORE THE PREPARATION SESSION
281-, ADMINISTRATION SESSION,
282-AND INTEGRATION SESSION BEGIN;
363+EALTH AND SAFETY WARNINGS THAT MUST BE PROVIDED TO21
364+A PARTICIPANT BEFORE THE PREPARATION SESSION , ADMINISTRATION22
365+SESSION, AND INTEGRATION SESSION BEGIN;23
283366 (C) E
284-DUCATIONAL MATERIALS THAT MUST BE PROVIDED TO A
285-PARTICIPANT BEFORE THE PREPARATION SESSION
286-, ADMINISTRATION SESSION,
287-PAGE 6-SENATE BILL 23-290 AND INTEGRATION SESSION BEGIN;
367+DUCATIONAL MATERIALS THAT MUST BE PROVIDED TO A24
368+PARTICIPANT BEFORE THE PREPARATION SESSION , ADMINISTRATION25
369+SESSION, AND INTEGRATION SESSION BEGIN;26
288370 (D) A
289- FORM THAT A PARTICIPANT , FACILITATOR, AND AN
290-AUTHORIZED REPRESENTATIVE OF THE HEALING CENTER MUST SIGN
291-, UNLESS
292-THE FACILITATOR IS A SOLE PRACTITIONER
293-, THEN ONLY THE PARTICIPANT
294-AND FACILITATOR MUST SIGN
295-, BEFORE THE PREPARATION SESSION ,
296-ADMINISTRATION SESSION, AND INTEGRATION SESSION BEGIN . AT A
297-MINIMUM
298-, THE FORM MUST PROVIDE THAT THE PARTICIPANT PROVIDED THE
299-PARTICIPANT
300-'S COMPLETE AND ACCURATE HEALTH INFORMATION TO THE
301-FACILITATOR AND THAT THE FACILITATOR PROVIDED TO THE PARTICIPANT
302-IDENTIFIED RISK FACTORS BASED UPON THE PARTICIPANT
303-'S PROVIDED
304-HEALTH INFORMATION AND DRUG CONTRAINDICATIONS
305-; PARTICIPANT
306-EXPECTATIONS OF THE NATURAL MEDICINE SERVICES
307-; PARAMETERS FOR
308-PHYSICAL CONTACT DURING NATURAL MEDICINE SERVICES
309-, THE
310-REQUIREMENT OF INFORMED CONSENT PERMITTING PHYSICAL CONTACT
311-, AND
312-THE RIGHT TO WITHDRAW CONSENT FOR PHYSICAL CONTACT
313-; AND RISKS OF
314-PARTICIPATING IN NATURAL MEDICINE SERVICES
315-.
371+ FORM THAT A PARTICIPANT , FACILITATOR, AND AN27
372+290
373+-10- AUTHORIZED REPRESENTATIVE OF THE HEALING CENTER MUST SIGN ,1
374+UNLESS THE FACILITATOR IS A SOLE PRACTITIONER , THEN ONLY THE2
375+PARTICIPANT AND FACILITATOR MUST SIGN , BEFORE THE PREPARATION3
376+SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION BEGIN. AT4
377+A MINIMUM, THE FORM MUST PROVIDE THAT THE PARTICIPANT PROVIDED5
378+THE PARTICIPANT'S COMPLETE AND ACCURATE HEALTH INFORMATION TO6
379+THE FACILITATOR AND THAT THE FACILITATOR PROVIDED TO THE7
380+PARTICIPANT IDENTIFIED RISK FACTORS BASED UPON THE PARTICIPANT 'S8
381+PROVIDED HEALTH INFORMATION AND DRUG CONTRAINDICATIONS ;9
382+PARTICIPANT EXPECTATIONS OF THE NATURAL MEDICINE SERVICES ;10
383+PARAMETERS FOR PHYSICAL CONTACT DURING NATURAL MEDICINE11
384+SERVICES, THE REQUIREMENT OF INFORMED CONSENT PERMITTING12
385+PHYSICAL CONTACT, AND THE RIGHT TO WITHDRAW CONSENT FOR13
386+PHYSICAL CONTACT; AND RISKS OF PARTICIPATING IN NATURAL MEDICINE14
387+SERVICES.15
316388 (E) P
317-ROPER SUPERVISION BY THE FACILITATOR DURING THE
318-ADMINISTRATION SESSION
319-, AND REQUIREMENTS TO ENSURE THAT THE
320-PARTICIPANT HAS A DISCHARGE PLAN OR SAFE TRANSPORTATION FROM THE
321-HEALING CENTER
322-;
389+ROPER SUPERVISION BY THE FACILITATOR DURING THE16
390+ADMINISTRATION SESSION, AND REQUIREMENTS TO ENSURE THAT THE17
391+PARTICIPANT HAS A DISCHARGE PLAN OR SAFE TRANSPORTATION FROM18
392+THE HEALING CENTER;19
323393 (F) P
324-ROVISIONS FOR GROUP ADMINISTRATION SESSIONS , INCLUDING
325-REQUIREMENTS FOR AN ADMINISTRATION SESSION THAT HAS ONE OR MORE
326-FACILITATORS PERFORMING AND SUPERVISING THE ADMINISTRATION SESSION
327-FOR MORE THAN ONE PARTICIPANT
328-;
394+ROVISIONS FOR GROUP ADMINISTRATION SESSIONS ,20
395+INCLUDING REQUIREMENTS FOR AN ADMINISTRATION SESSION THAT HAS21
396+ONE OR MORE FACILITATORS PERFORMING AND SUPERVISING THE22
397+ADMINISTRATION SESSION FOR MORE THAN ONE PARTICIPANT ;23
329398 (G) P
330-ROVISIONS TO PERMIT A FACILITATOR TO REFUSE TO PROVIDE
331-NATURAL MEDICINE SERVICES TO A PERSON BASED UPON HEALTH AND
332-SAFETY RISKS
333-, OR CIRCUMSTANCES PROMULGATED BY RULE ; AND
334-(H) THE DOSAGE LIMIT OF REGULATED NATURAL MEDICINE OR
335-REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE PROVIDED TO A
336-PARTICIPANT FOR CONSUMPTION DURING AN ADMINISTRATION SESSION
337-.
399+ROVISIONS TO PERMIT A FACILITATOR TO REFUSE TO PROVIDE24
400+NATURAL MEDICINE SERVICES TO A PERSON BASED UPON HEALTH AND25
401+SAFETY RISKS, OR CIRCUMSTANCES PROMULGATED BY RULE ; AND26
402+(H) T
403+HE DOSAGE LIMIT OF REGULATED NATURAL MEDICINE OR27
404+290
405+-11- REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE PROVIDED TO A1
406+PARTICIPANT FOR CONSUMPTION DURING AN ADMINISTRATION SESSION .2
338407 (II) R
339-EQUIREMENTS FOR THE LICENSING OF FACILITATORS , PRACTICE
340-OF FACILITATION
341-, AND PROFESSIONAL CONDUCT OF FACILITATORS ,
342-INCLUDING:
343-PAGE 7-SENATE BILL 23-290 (A) THE FORM AND PROCEDURES FOR APPLYING FOR A NEW LICENSE
344-OR RENEWING OR REINSTATING A LICENSE ISSUED PURSUANT TO THIS
345-ARTICLE
346-170;
408+EQUIREMENTS FOR THE LICENSING OF FACILITATORS ,3
409+PRACTICE OF FACILITATION , AND PROFESSIONAL CONDUCT OF4
410+FACILITATORS, INCLUDING:5
411+(A) T
412+HE FORM AND PROCEDURES FOR APPLYING FOR A NEW6
413+LICENSE OR RENEWING OR REINSTATING A LICENSE ISSUED PURSUANT TO7
414+THIS ARTICLE 170;8
347415 (B) T
348-HE EDUCATIONAL AND EXPERIENTIAL REQUIREMENTS AND
349-QUALIFICATIONS FOR AN INDIVIDUAL TO BECOME A FACILITATOR
350-, INCLUDING
351-EDUCATION AND TRAINING ON PARTICIPANT SAFETY
352-, DRUG INTERACTIONS,
353-CONTRAINDICATIONS, MENTAL HEALTH AND STATE, PHYSICAL HEALTH AND
354-STATE
355-, SOCIAL AND CULTURAL CONSIDERATIONS , PREPARATION,
356-ADMINISTRATION, INTEGRATION, AND ETHICS. THE EDUCATIONAL
357-REQUIREMENTS MUST NOT REQUIRE A PROFESSIONAL LICENSE OR
358-PROFESSIONAL DEGREE OTHER THAN A FACILITATOR LICENSE ISSUED
359-PURSUANT TO THIS ARTICLE
360-170, EXCEPT THAT IF THERE ARE MULTIPLE TIERS
361-OF FACILITATOR LICENSES
362-, AN ADVANCED TIER OF FACILITATOR LICENSES
363-MAY REQUIRE ANOTHER PROFESSIONAL LICENSE OR PROFESSIONAL DEGREE
364-;
416+HE EDUCATIONAL AND EXPERIENTIAL REQUIREMENTS AND9
417+QUALIFICATIONS FOR AN INDIVIDUAL TO BECOME A FACILITATOR ,10
418+INCLUDING EDUCATION AND TRAINING ON PARTICIPANT SAFETY , DRUG11
419+INTERACTIONS, CONTRAINDICATIONS, MENTAL HEALTH AND STATE ,12
420+PHYSICAL HEALTH AND STATE, SOCIAL AND CULTURAL CONSIDERATIONS ,13
421+PREPARATION, ADMINISTRATION, INTEGRATION, AND ETHICS. THE14
422+EDUCATIONAL REQUIREMENTS MUST NOT REQUIRE A PROFESSIONAL15
423+LICENSE OR PROFESSIONAL DEGREE OTHER THAN A FACILITATOR LICENSE16
424+ISSUED PURSUANT TO THIS ARTICLE 170, EXCEPT THAT IF THERE ARE17
425+MULTIPLE TIERS OF FACILITATOR LICENSES , AN ADVANCED TIER OF18
426+FACILITATOR LICENSES MAY REQUIRE ANOTHER PROFESSIONAL LICENSE OR19
427+PROFESSIONAL DEGREE;20
365428 (C) O
366-VERSIGHT AND SUPERVISION REQUIREMENTS , INCLUDING
367-PROFESSIONAL RESPONSIBILITY STANDARDS AND CONTINUING EDUCATION
368-REQUIREMENTS
369-;
429+VERSIGHT AND SUPERVISION REQUIREMENTS , INCLUDING21
430+PROFESSIONAL RESPONSIBILITY STANDARDS AND CONTINUING EDUCATION22
431+REQUIREMENTS;23
370432 (D) E
371-STABLISHMENT OF PROFESSIONAL STANDARDS OF CONDUCT TO
372-PRACTICE FACILITATION
373-, OR A LICENSE, REGISTRATION, PERMIT, OR
374-CERTIFICATION PURSUANT TO THIS ARTICLE
375-170;
433+STABLISHMENT OF PROFESSIONAL STANDARDS OF CONDUCT24
434+TO PRACTICE FACILITATION, OR A LICENSE, REGISTRATION, PERMIT, OR25
435+CERTIFICATION PURSUANT TO THIS ARTICLE 170;26
376436 (E) P
377-ARAMETERS FOR PHYSICAL CONTACT WITH A PARTICIPANT
378-DURING NATURAL MEDICINE SERVICES
379-, INCLUDING REQUIREMENTS FOR
380-OBTAINING SIGNED INFORMED CONSENT FOR PERMISSIBLE PHYSICAL
381-CONTACT AND PERMITTING A PARTICIPANT TO WITHDRAW CONSENT FOR
382-PERMISSIBLE PHYSICAL CONTACT WITH A PARTICIPANT IN ANY MANNER AND
383-AT ANY TIME
384-;
437+ARAMETERS FOR PHYSICAL CONTACT WITH A PARTICIPANT27
438+290
439+-12- DURING NATURAL MEDICINE SERVICES , INCLUDING REQUIREMENTS FOR1
440+OBTAINING SIGNED INFORMED CONSENT FOR PERMISSIBLE PHYSICAL2
441+CONTACT AND PERMITTING A PARTICIPANT TO WITHDRAW CONSENT FOR3
442+PERMISSIBLE PHYSICAL CONTACT WITH A PARTICIPANT IN ANY MANNER4
443+AND AT ANY TIME;5
385444 (F) P
386-ERMITTING REMUNERATION FOR THE PROVISION OF NATURAL
387-MEDICINE SERVICES
388-;
445+ERMITTING REMUNERATION FOR THE PROVISION OF NATURAL6
446+MEDICINE SERVICES;7
389447 (G) P
390-ERMITTING PROVISION OF GROUP ADMINISTRATION SESSIONS BY
391-ONE FACILITATOR WHO IS PERFORMING AND SUPERVISING THE
392-ADMINISTRATION SESSION FOR MORE THAN ONE PARTICIPANT
393-, AND
394-ESTABLISH A LIMIT ON THE TOTAL NUMBER OF PARTICIPANTS WHO MAY
395-PARTICIPATE IN A GROUP ADMINISTRATION SESSION THAT IS PERFORMED AND
396-SUPERVISED BY ONE FACILITATOR
397-;
398-PAGE 8-SENATE BILL 23-290 (H) RECORD-KEEPING, PRIVACY, AND CONFIDENTIALITY
399-REQUIREMENTS FOR LICENSEES
400-, REGISTRANTS, PERMITTEES, AND
401-CERTIFICATE HOLDERS
402-, INCLUDING PROTECTIONS PREVENTING DISCLOSURE
403-OF A PROSPECTIVE PARTICIPANT
404-'S OR PARTICIPANT'S PERSONALLY
405-IDENTIFIABLE INFORMATION TO THE PUBLIC
406-, THIRD PARTIES, OR ANY
407-GOVERNMENT AGENCY
408-, EXCEPT AS ALLOWED FOR PURPOSES EXPRESSLY
409-STATED PURSUANT TO THIS ARTICLE
410-170, RULES PROMULGATED PURSUANT
411-TO THIS ARTICLE
412-170, ARTICLE 50 OF TITLE 44, RULES PROMULGATED
413-PURSUANT TO ARTICLE
414-50 OF TITLE 44, OR FOR STATE OR LOCAL LAW
415-ENFORCEMENT AGENCIES TO ACCESS RECORDS AND INFORMATION FOR
416-OTHER STATE OR LOCAL LAW ENFORCEMENT
417-. THE INFORMATION OR
418-RECORDS RELATED TO A PARTICIPANT CONSTITUTE MEDICAL DATA AS
419-DESCRIBED IN SECTION
420-24-72-204 (3)(a)(I), AND THE INFORMATION OR
421-RECORDS MAY ONLY BE DISCLOSED TO THOSE PERSONS DIRECTLY INVOLVED
422-WITH AN ACTIVE INVESTIGATION OR PROCEEDING
423-.
448+ERMITTING PROVISION OF GROUP ADMINISTRATION SESSIONS8
449+BY ONE FACILITATOR WHO IS PERFORMING AND SUPERVISING THE9
450+ADMINISTRATION SESSION FOR MORE THAN ONE PARTICIPANT , AND10
451+ESTABLISH A LIMIT ON THE TOTAL NUMBER OF PARTICIPANTS WHO MAY11
452+PARTICIPATE IN A GROUP ADMINISTRATION SESSION THAT IS PERFORMED12
453+AND SUPERVISED BY ONE FACILITATOR ;13
454+(H) R
455+ECORD-KEEPING, PRIVACY, AND CONFIDENTIALITY14
456+REQUIREMENTS FOR LICENSEES , REGISTRANTS, PERMITTEES, AND15
457+CERTIFICATE HOLDERS, INCLUDING PROTECTIONS PREVENTING DISCLOSURE16
458+OF A PROSPECTIVE PARTICIPANT 'S OR PARTICIPANT'S PERSONALLY17
459+IDENTIFIABLE INFORMATION TO THE PUBLIC , THIRD PARTIES, OR ANY18
460+GOVERNMENT AGENCY , EXCEPT AS ALLOWED FOR PURPOSES EXPRESSLY19
461+STATED PURSUANT TO THIS ARTICLE 170, RULES PROMULGATED PURSUANT20
462+TO THIS ARTICLE 170, ARTICLE 50 OF TITLE 44,
463+ RULES PROMULGATED21
464+PURSUANT TO ARTICLE 50 OF TITLE 44, OR FOR STATE OR LOCAL LAW22
465+ENFORCEMENT AGENCIES TO ACCESS RECORDS AND INFORMATION FOR23
466+OTHER STATE OR LOCAL LAW ENFORCEMENT . THE INFORMATION OR24
467+RECORDS RELATED TO A PARTICIPANT CONSTITUTE MEDICAL DATA AS25
468+DESCRIBED IN SECTION 24-72-204 (3)(a)(I), AND THE INFORMATION OR26
469+RECORDS MAY ONLY BE DISCLOSED TO THOSE PERSONS DIRECTLY27
470+290
471+-13- INVOLVED WITH AN ACTIVE INVESTIGATION OR PROCEEDING .1
424472 (I) P
425-ARAMETERS FOR A FACILITATOR'S PERMISSIBLE AND PROHIBITED
426-FINANCIAL INTERESTS IN A HEALING CENTER
427-, LICENSE PURSUANT TO THIS
428-ARTICLE
429-170, OR LICENSE PURSUANT TO ARTICLE 50 OF TITLE 44; EXCEPT
430-THAT A FACILITATOR MAY NOT HAVE A FINANCIAL INTEREST IN MORE THAN
431-FIVE NATURAL MEDICINE BUSINESS LICENSES PURSUANT TO ARTICLE
432-50 OF
433-TITLE
434-44.
473+ARAMETERS FOR A FACILITATOR 'S PERMISSIBLE AND2
474+PROHIBITED FINANCIAL INTERESTS IN A HEALING CENTER , LICENSE3
475+PURSUANT TO THIS ARTICLE 170, OR LICENSE PURSUANT TO ARTICLE 50 OF4
476+TITLE 44; EXCEPT THAT A FACILITATOR MAY NOT HAVE A FINANCIAL5
477+INTEREST IN MORE THAN FIVE
478+ NATURAL MEDICINE BUSINESS LICENSES6
479+PURSUANT TO ARTICLE 50 OF TITLE 44.7
435480 (J) P
436-ARAMETERS FOR A FACILITATOR TO PROVIDE AND SUPERVISE
437-NATURAL MEDICINE SERVICES AT AN AUTHORIZED LOCATION THAT IS NOT A
438-HEALING CENTER
439-'S LICENSED PREMISES, INCLUDING A HEALTH -CARE
440-FACILITY OR A PRIVATE RESIDENCE
441-;
481+ARAMETERS FOR A FACILITATOR TO PROVIDE AND SUPERVISE8
482+NATURAL MEDICINE SERVICES AT AN AUTHORIZED LOCATION THAT IS NOT9
483+A HEALING CENTER'S LICENSED PREMISES, INCLUDING A HEALTH-CARE10
484+FACILITY OR A PRIVATE RESIDENCE;11
442485 (K) S
443-TANDARDS FOR ADVERTISING AND MARKETING A LICENSEE 'S
444-SERVICES
445-, INCLUDING: AVOIDING THE MISAPPROPRIATION AND
446-EXPLOITATION OF THE FEDERALLY RECOGNIZED
447-AMERICAN TRIBES AND
448-INDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS; AVOIDING
449-THE EXCESSIVE COMMERCIALIZATION OF NATURAL MEDICINE
450-, NATURAL
451-MEDICINE PRODUCT
452-, AND NATURAL MEDICINE SERVICES ; PROHIBITING
453-ADVERTISING AND MARKETING OF NATURAL MEDICINE
454-, NATURAL MEDICINE
455-PRODUCT
456-, AND NATURAL MEDICINE SERVICES DIRECTED TO INDIVIDUALS
457-WHO ARE UNDER TWENTY
458--ONE YEARS OF AGE; AND OTHER PARAMETERS
459-DETERMINED NECESSARY BY THE DIRECTOR
460-.
486+TANDARDS FOR ADVERTISING AND MARKETING A LICENSEE 'S12
487+SERVICES, INCLUDING: AVOIDING THE MISAPPROPRIATION AND13
488+EXPLOITATION OF THE FEDERALLY RECOGNIZED AMERICAN TRIBES AND
489+14
490+I
491+NDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS; AVOIDING15
492+THE EXCESSIVE COMMERCIALIZATION OF NATURAL MEDICINE , NATURAL16
493+MEDICINE PRODUCT, AND NATURAL MEDICINE SERVICES ; PROHIBITING17
494+ADVERTISING AND MARKETING OF NATURAL MEDICINE , NATURAL18
495+MEDICINE PRODUCT, AND NATURAL MEDICINE SERVICES DIRECTED TO19
496+INDIVIDUALS WHO ARE UNDER TWENTY -ONE YEARS OF AGE; AND OTHER20
497+PARAMETERS DETERMINED NECESSARY BY THE DIRECTOR .21
461498 (III) A
462-NY RULES NECESSARY TO DIFFERENTIATE BETWEEN THE TYPES
463-PAGE 9-SENATE BILL 23-290 OF REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
464-PRODUCT PROVIDED FOR PARTICIPANT CONSUMPTION DURING AN
465-ADMINISTRATION SESSION BASED ON QUALITIES
466-, TRADITIONAL USES, AND
467-SAFETY PROFILE
468-;
499+NY RULES NECESSARY TO DIFFERENTIATE BETWEEN THE22
500+TYPES OF REGULATED NATURAL MEDICINE OR REGULATED NATURAL23
501+MEDICINE PRODUCT PROVIDED FOR PARTICIPANT CONSUMPTION DURING AN24
502+ADMINISTRATION SESSION BASED ON QUALITIES , TRADITIONAL USES, AND25
503+SAFETY PROFILE;26
469504 (IV) A
470-NY RULES DETERMINED NECESSARY BY THE DIRECTOR
471-RELATED TO THE POWERS OR DUTIES GRANTED OR IMPOSED ON THE
472-DIRECTOR PURSUANT TO THIS ARTICLE
473-170 OR BY ANY OTHER LAW; AND
474-(V) ANY OTHER MATTERS DETERMINED NECESSARY BY THE
475-DIRECTOR TO IMPLEMENT OR ADMINISTER THIS ARTICLE
476-170.
505+NY RULES DETERMINED NECESSARY BY THE DIRECTOR27
506+290
507+-14- RELATED TO THE POWERS OR DUTIES GRANTED OR IMPOSED ON THE1
508+DIRECTOR PURSUANT TO THIS ARTICLE 170 OR BY ANY OTHER LAW; AND2
509+(V) A
510+NY OTHER MATTERS DETERMINED NECESSARY BY THE3
511+DIRECTOR TO IMPLEMENT OR ADMINISTER THIS ARTICLE 170.4
477512 (b) B
478-EGINNING ON OR BEFORE DECEMBER 31, 2024, TO REVIEW
479-APPLICATIONS IN THE FORM AND MANNER DETERMINED BY THE DIRECTOR
480-FOR NEW LICENSES
481-, REGISTRATIONS, PERMITS, OR CERTIFICATES AFTER
482-PAYMENT OF THE REQUIRED FEE AND TO GRANT OR DENY LICENSES
483-,
484-REGISTRATIONS, PERMITS, OR CERTIFICATES AS PROVIDED IN THIS ARTICLE
485-170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 170. THE
486-DIVISION SHALL PRIORITIZE REVIEWING APPLICATIONS FROM APPLICANTS
487-WHO HAVE ESTABLISHED RESIDENCY IN
488-COLORADO.
513+EGINNING ON OR BEFORE DECEMBER 31, 2024, TO REVIEW5
514+APPLICATIONS IN THE FORM AND MANNER DETERMINED BY THE DIRECTOR6
515+FOR NEW LICENSES, REGISTRATIONS, PERMITS, OR CERTIFICATES AFTER7
516+PAYMENT OF THE REQUIRED FEE AND TO GRANT OR DENY LICENSES ,8
517+REGISTRATIONS, PERMITS, OR CERTIFICATES AS PROVIDED IN THIS ARTICLE9
518+170
519+ OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 170. THE10
520+DIVISION SHALL PRIORITIZE REVIEWING APPLICATIONS FROM APPLICANTS11
521+WHO HAVE ESTABLISHED RESIDENCY IN COLORADO.12
489522 (c) T
490-O ESTABLISH LICENSES, REGISTRATIONS, PERMITS, OR
491-CERTIFICATES DETERMINED NECESSARY BY THE DIRECTOR TO IMPLEMENT OR
492-ADMINISTER THIS ARTICLE
493-170, AND TO ESTABLISH ELIGIBILITY
494-REQUIREMENTS AND PRIVILEGES UNDER THE LICENSES
495-, REGISTRATIONS,
496-PERMITS, OR CERTIFICATES;
523+O ESTABLISH LICENSES, REGISTRATIONS, PERMITS, OR13
524+CERTIFICATES DETERMINED NECESSARY BY THE DIRECTOR TO IMPLEMENT14
525+OR ADMINISTER THIS ARTICLE 170, AND TO ESTABLISH ELIGIBILITY15
526+REQUIREMENTS AND PRIVILEGES UNDER THE LICENSES , REGISTRATIONS,16
527+PERMITS, OR CERTIFICATES;17
497528 (d) T
498-O ESTABLISH, WHEN FINANCIALLY FEASIBLE , PROCEDURES,
499-POLICIES, AND PROGRAMS TO ENSURE THIS ARTICLE 170 AND RULES
500-PROMULGATED PURSUANT TO THIS ARTICLE
501-170 ARE EQUITABLE AND
502-INCLUSIVE AND PROMOTE THE LICENSING
503-, REGISTRATION, AND PERMITTING
504-OF
505-, AND PROVISION OF NATURAL MEDICINE AND NATURAL MEDICINE
506-PRODUCT TO
507-, PERSONS FROM COMMUNITIES THAT HAVE BEEN
508-DISPROPORTIONATELY HARMED BY HIGH RATES OF ARREST FOR CONTROLLED
509-SUBSTANCES
510-, PERSONS WHO FACE BARRIERS TO HEALTH -CARE ACCESS,
511-PERSONS WHO HAVE TRADITIONAL , TRIBAL, OR INDIGENOUS HISTORY WITH
512-NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
513-, OR TO PERSONS WHO
514-ARE VETERANS
515-. THE DIRECTOR MAY CONSULT THE BOARD WHEN
516-CONSIDERING PROCEDURES
517-, POLICIES, AND PROGRAMS PURSUANT TO THIS
518-SUBSECTION
519- (1)(d).
520-PAGE 10-SENATE BILL 23-290 (e) TO CONDUCT INVESTIGATIONS AND HEARINGS , GATHER
521-EVIDENCE
522-, AND PURSUE DISCIPLINARY ACTIONS PURSUANT TO SECTIONS
523-12-20-403, 12-20-404, AND 24-4-105, AND THIS ARTICLE 170, WITH RESPECT
524-TO LICENSES
525-, REGISTRATIONS, PERMITS, OR CERTIFICATES WHEN THE
526-DIRECTOR HAS REASONABLE CAUSE TO BELIEVE THAT AN INDIVIDUAL OR
527-ENTITY IS VIOLATING THIS ARTICLE
528-170 OR A RULE PROMULGATED PURSUANT
529-TO THIS ARTICLE
530-170;
529+O ESTABLISH, WHEN FINANCIALLY FEASIBLE, PROCEDURES,18
530+POLICIES, AND PROGRAMS TO ENSURE THIS ARTICLE 170 AND RULES19
531+PROMULGATED PURSUANT TO THIS ARTICLE 170 ARE EQUITABLE AND20
532+INCLUSIVE AND PROMOTE THE LICENSING, REGISTRATION, AND PERMITTING21
533+OF, AND PROVISION OF NATURAL MEDICINE AND NATURAL MEDICINE22
534+PRODUCT TO, PERSONS FROM COMMUNITIES THAT HAVE BEEN23
535+DISPROPORTIONATELY HARMED BY HIGH RATES OF ARREST FOR24
536+CONTROLLED SUBSTANCES , PERSONS WHO FACE BARRIERS TO25
537+HEALTH-CARE ACCESS, PERSONS WHO HAVE TRADITIONAL , TRIBAL,
538+ OR26
539+I
540+NDIGENOUS HISTORY WITH NATURAL MEDICINE OR NATURAL MEDICINE27
541+290
542+-15- PRODUCT, OR TO PERSONS WHO ARE VETERANS . THE DIRECTOR MAY1
543+CONSULT THE BOARD WHEN CONSIDERING PROCEDURES , POLICIES, AND2
544+PROGRAMS PURSUANT TO THIS SUBSECTION (1)(d).3
545+(e) T
546+O CONDUCT INVESTIGATIONS AND HEARINGS , GATHER4
547+EVIDENCE, AND PURSUE DISCIPLINARY ACTIONS PURS UANT TO SECTIONS5
548+12-20-403,
549+ 12-20-404, AND 24-4-105, AND THIS ARTICLE 170, WITH6
550+RESPECT TO LICENSES, REGISTRATIONS, PERMITS, OR CERTIFICATES WHEN7
551+THE DIRECTOR HAS REASONABLE CAUSE TO BELIEVE THAT AN INDIVIDUAL8
552+OR ENTITY IS VIOLATING THIS ARTICLE 170 OR A RULE PROMULGATED9
553+PURSUANT TO THIS ARTICLE 170;10
531554 (f) T
532-O TAKE DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN
533-SECTION
534-12-20-404 OR LIMIT THE SCOPE OF PRACTICE OF AN APPLICANT ,
535-LICENSEE, REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER UPON PROOF
536-OF A VIOLATION OF THIS ARTICLE
537-170 OR A RULE PROMULGATED PURSUANT
538-TO THIS ARTICLE
539-170;
555+O TAKE DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN11
556+SECTION 12-20-404 OR LIMIT THE SCOPE OF PRACTICE OF AN APPLICANT,12
557+LICENSEE, REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER UPON PROOF13
558+OF A VIOLATION OF THIS ARTICLE 170 OR A RULE PROMULGATED14
559+PURSUANT TO THIS ARTICLE 170;15
540560 (g) T
541-O ISSUE CEASE -AND-DESIST ORDERS UNDER THE
542-CIRCUMSTANCES AND IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN
543-SECTION
544-12-20-405;
561+O ISSUE CEASE-AND-DESIST ORDERS UNDER THE16
562+CIRCUMSTANCES AND IN ACCORDANCE WITH THE PROCEDURES SPECIFIED17
563+IN SECTION 12-20-405;18
545564 (h) (I) T
546-O PETITION A DISTRICT COURT FOR AN INVESTIGATIVE
547-SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED
548-, REGISTERED,
549-PERMITTED, OR CERTIFIED PURSUANT TO THIS ARTICLE 170 TO OBTAIN
550-DOCUMENTS OR INFORMATION NECESSARY TO ENFORCE A PROVISION OF THIS
551-ARTICLE
552-170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 170
553-AFTER REASONABLE EFFORTS HAVE BEEN MADE TO OBTAIN REQUESTED
554-DOCUMENTS OR INFORMATION WITHOUT A SUBPOENA
555-;
565+O PETITION A DISTRICT COURT FOR AN INVESTIGATIVE19
566+SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED , REGISTERED,20
567+PERMITTED, OR CERTIFIED PURSUANT TO THIS ARTICLE 170 TO OBTAIN21
568+DOCUMENTS OR INFORMATION NECESSARY TO ENFORCE A PROVISION OF22
569+THIS ARTICLE 170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE23
570+170
571+ AFTER REASONABLE EFFORTS HAVE BEEN MADE TO OBTAIN24
572+REQUESTED DOCUMENTS OR INFORMATION WITHOUT A SUBPOENA ;25
556573 (II) T
557-O APPLY TO ANY COURT OF COMPETENT JURISDICTION TO
558-TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE
559-ACT IN QUESTION OF AN INDIVIDUAL WHO OR ENTITY THAT IS NOT LICENSED
560-,
561-REGISTERED, PERMITTED, OR CERTIFIED PURSUANT TO THIS ARTICLE 170 AND
562-TO ENFORCE COMPLIANCE WITH THIS ARTICLE
563-170 OR A RULE PROMULGATED
564-PURSUANT TO THIS ARTICLE
565-170 WHENEVER IT APPEARS TO THE DIRECTOR
566-UPON SUFFICIENT EVIDENCE SATISFACTORY TO THE DIRECTOR THAT AN
567-INDIVIDUAL OR ENTITY HAS BEEN OR IS COMMITTING AN ACT PROHIBITED BY
568-THIS ARTICLE
569-170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE
570-170, AND THE ACT:
574+O APPLY TO ANY COURT OF COMPETENT JURISDICTION TO26
575+TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE27
576+290
577+-16- ACT IN QUESTION OF AN INDIVIDUAL WHO OR ENTITY THAT IS NOT1
578+LICENSED, REGISTERED, PERMITTED, OR CERTIFIED PURSUANT TO THIS2
579+ARTICLE 170 AND TO ENFORCE COMPLIANCE WITH THIS ARTICLE 170 OR A3
580+RULE PROMULGATED PURSUANT TO THIS ARTICLE 170 WHENEVER IT4
581+APPEARS TO THE DIRECTOR UPON SUFFICIENT EVIDENCE SATISFACTORY TO5
582+THE DIRECTOR THAT AN INDIVIDUAL OR ENTITY HAS BEEN OR IS6
583+COMMITTING AN ACT PROHIBITED BY THIS ARTICLE 170 OR A RULE7
584+PROMULGATED PURSUANT TO THIS ARTICLE 170, AND THE ACT:8
571585 (A) T
572-HREATENS PUBLIC HEALTH OR SAFETY ; OR
573-(B) CONSTITUTES AN UNLAWFUL ACT FOR WHICH THE INDIVIDUAL OR
574-PAGE 11-SENATE BILL 23-290 ENTITY DOES NOT HOLD THE REQUIRED LICENSE , REGISTRATION, PERMIT, OR
575-CERTIFICATE PURSUANT TO THIS ARTICLE
576-170 OR A RULE PROMULGATED
577-PURSUANT TO THIS ARTICLE
578-170;
586+HREATENS PUBLIC HEALTH OR SAFETY ; OR9
587+(B) C
588+ONSTITUTES AN UNLAWFUL ACT FOR WHICH THE INDIVIDUAL10
589+OR ENTITY DOES NOT HOLD THE REQUIRED LICENSE , REGISTRATION,11
590+PERMIT, OR CERTIFICATE PURSUANT TO THIS ARTICLE 170 OR A RULE12
591+PROMULGATED PURSUANT TO THIS ARTICLE 170;13
579592 (i) T
580-O MAINTAIN AND UPDATE AN ONLINE LIST THAT IS ACCESSIBLE
581-TO THE PUBLIC OF LICENSEES
582-, REGISTRANTS, PERMITTEES, AND CERTIFICATE
583-HOLDERS THAT INCLUDES WHETHER THE LICENSEE
584-, REGISTRANT, PERMITTEE,
585-OR CERTIFICATE HOLDER HAS HAD ITS LICENSE, REGISTRATION, PERMIT, OR
586-CERTIFICATE LIMITED
587-, SUSPENDED, OR REVOKED IN ACCORDANCE WITH A
588-DISCIPLINARY ACTION PURSUANT TO THIS ARTICLE
589-170;
593+O MAINTAIN AND UPDATE AN ONLINE LIST THAT IS ACCESSIBLE14
594+TO THE PUBLIC OF LICENSEES , REGISTRANTS, PERMITTEES, AND15
595+CERTIFICATE HOLDERS THAT INCLUDES WHETHER THE LICENSEE ,16
596+REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER HAS HAD ITS LICENSE,17
597+REGISTRATION, PERMIT, OR CERTIFICATE LIMITED , SUSPENDED, OR18
598+REVOKED IN ACCORDANCE WITH A DISCIPLINARY ACTION PURSUANT TO19
599+THIS ARTICLE 170;20
590600 (j) I
591-N COORDINATION WITH THE STATE LICENSING AUTHORITY
592-PURSUANT TO SECTION
593-44-50-202 (1)(k), ANNUALLY PUBLISH A PUBLICLY
594-AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND
595-ADMINISTRATION OF THIS ARTICLE
596-170 AND ARTICLE 50 OF TITLE 44. THE
597-REPORT MUST USE RELEVANT DATA
598-, AS DETERMINED BY THE DIRECTOR AND
599-THE STATE LICENSING AUTHORITY
600-, AND MUST NOT DISCLOSE THE IDENTITY
601-OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT COULD DISCLOSE
602-THE IDENTITY OF A PARTICIPANT
603-.
601+N COORDINATION WITH THE STATE LICENSING AUTHORITY21
602+PURSUANT TO SECTION 44-50-202 (1)(k), ANNUALLY PUBLISH A PUBLICLY22
603+AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND23
604+ADMINISTRATION OF THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44. THE24
605+REPORT MUST USE RELEVANT DATA , AS DETERMINED BY THE DIRECTOR25
606+AND THE STATE LICENSING AUTHORITY , AND MUST NOT DISCLOSE THE26
607+IDENTITY OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT27
608+290
609+-17- COULD DISCLOSE THE IDENTITY OF A PARTICIPANT .1
604610 (k) P
605-ERFORM OTHER FUNCTIONS AND DUTIES NECESSARY TO
606-ADMINISTER THIS ARTICLE
607-170.
611+ERFORM OTHER FUNCTIONS AND DUTIES NECESSARY TO2
612+ADMINISTER THIS ARTICLE 170.3
608613 (2) T
609-HE DIRECTOR SHALL CONSULT THE BOARD WHEN CONSIDERING
610-AND PROMULGATING RULES PURSUANT TO THIS ARTICLE
611-170.
614+HE DIRECTOR SHALL CONSULT THE BOARD WHEN4
615+CONSIDERING AND PROMULGATING RULES PURSUANT TO THIS ARTICLE 170.5
612616 (3) T
613-HE DIVISION HAS AUTHORITY TO COLLECT AVAILABLE AND
614-RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS AND DUTIES
615-NECESSARY TO ADMINISTER THIS ARTICLE
616-170.
617+HE DIVISION HAS AUTHORITY TO COLLECT AVAILABLE AND6
618+RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS AND DUTIES7
619+NECESSARY TO ADMINISTER THIS ARTICLE 170.8
617620 (4) T
618-HE DIRECTOR OR A DIVISION EMPLOYEE WITH REGULATORY
619-OVERSIGHT RESPONSIBILITIES FOR LICENSEES
620-, PERMITTEES, REGISTRANTS, OR
621-CERTIFICATE HOLDERS PURSUANT TO THIS ARTICLE
622-170 SHALL NOT WORK
623-FOR
624-, REPRESENT, PROVIDE CONSULTING SERVICES TO, OR OTHERWISE DERIVE
625-PECUNIARY GAIN FROM A LICENSEE
626-, PERMITTEE, REGISTRANT, OR
627-CERTIFICATE HOLDER THAT IS REGULATED PURSUANT TO THIS ARTICLE
628-170
629-OR ANY OTHER BUSINESS ESTABLISHED FOR THE PRIMARY PURPOSE OF
630-PROVIDING SERVICES TO THE NATURAL MEDICINE INDUSTRY FOR A PERIOD OF
631-SIX MONTHS AFTER THE EMPLOYEE
632-'S LAST DAY OF EMPLOYMENT WITH THE
633-DIVISION
634-.
635-PAGE 12-SENATE BILL 23-290 SECTION 5. In Colorado Revised Statutes, repeal and reenact,
636-with amendments, 12-170-106 as follows:
637-12-170-106. Board - creation - appointment - duties - report.
621+HE DIRECTOR OR A DIVISION EMPLOYEE WITH REGULATORY9
622+OVERSIGHT RESPONSIBILITIES FOR LICENSEES, PERMITTEES, REGISTRANTS,10
623+OR CERTIFICATE HOLDERS PURSUANT TO THIS ARTICLE 170 SHALL NOT11
624+WORK FOR, REPRESENT, PROVIDE CONSULTING SERVICES TO , OR12
625+OTHERWISE DERIVE PECUNIARY GAIN FROM A LICENSEE , PERMITTEE,13
626+REGISTRANT, OR CERTIFICATE HOLDER THAT IS REGULATED PURSUANT TO14
627+THIS ARTICLE 170 OR ANY OTHER BUSINESS ESTABLISHED FOR THE15
628+PRIMARY PURPOSE OF PROVIDING SERVICES TO THE NATURAL MEDICINE16
629+INDUSTRY FOR A PERIOD OF SIX MONTHS AFTER THE EMPLOYEE 'S LAST DAY17
630+OF EMPLOYMENT WITH THE DIVISION .18
631+SECTION 5. In Colorado Revised Statutes, repeal and reenact,19
632+with amendments, 12-170-106 as follows:20
633+12-170-106. Board - creation - appointment - duties - report.21
638634 (1) T
639-HERE IS CREATED WITHIN THE DIVISION A NATURAL MEDICINE
640-ADVISORY BOARD
641-, WHICH CONSISTS OF FIFTEEN MEMBERS , TO ADVISE THE
642-DIVISION AND THE STATE LICENSING AUTHORITY CONCERNING THE
643-IMPLEMENTATION OF THIS ARTICLE
644-170 AND ARTICLE 50 OF TITLE 44.
635+HERE IS CREATED WITHIN THE DIVISION A NATURAL MEDICINE22
636+ADVISORY BOARD, WHICH CONSISTS OF FIFTEEN MEMBERS, TO ADVISE THE23
637+DIVISION AND THE STATE LICENSING AUTHORITY CONCERNING THE24
638+IMPLEMENTATION OF THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44.25
645639 (2) T
646-HE GOVERNOR SHALL APPOINT INITIAL BOARD MEMBERS ON OR
647-BEFORE
648-JANUARY 31, 2023, WITH CONSENT OF THE SENATE. THE MEMBERS
649-MUST INCLUDE
650-:
640+HE GOVERNOR SHALL APPOINT INITIAL BOARD MEMBERS ON26
641+OR BEFORE JANUARY 31, 2023, WITH CONSENT OF THE SENATE . THE27
642+290
643+-18- MEMBERS MUST INCLUDE :1
651644 (a) S
652-EVEN MEMBERS WITH SIGNIFICANT EXPERTISE AND EXPERIENCE
653-IN ONE OR MORE OF THE FOLLOWING AREAS
654-: NATURAL MEDICINE THERAPY,
655-MEDICINE, AND RESEARCH ; MYCOLOGY AND NATURAL MEDICINE
656-CULTIVATION
657-; LICENSEE QUALIFICATIONS; EMERGENCY MEDICAL SERVICES
658-AND SERVICES PROVIDED BY FIRST RESPONDERS
659-; MENTAL AND BEHAVIORAL
660-HEALTH CARE
661-; HEALTH-CARE INSURANCE AND HEALTH -CARE POLICY; AND
662-PUBLIC HEALTH
663-, DRUG POLICY, AND HARM REDUCTION; AND
664-(b) EIGHT MEMBERS WITH SIGNIFICANT EXPERTISE AND EXPERIENCE
665-IN ONE OR MORE OF THE FOLLOWING AREAS
666-: RELIGIOUS USE OF NATURAL
667-MEDICINES
668-; ISSUES CONFRONTING VETERANS ; TRADITIONAL TRIBAL OR
669-INDIGENOUS USE OF NATURAL MEDICINES ; LEVELS AND DISPARITIES IN
670-ACCESS TO HEALTH
671--CARE SERVICES AMONG DIFFERENT COMMUNITIES ; AND
672-PAST CRIMINAL JUSTICE REFORM EFFORTS IN
673-COLORADO. AT LEAST ONE OF
674-THE EIGHT MEMBERS MUST HAVE EXPERTISE OR EXPERIENCE IN
675-TRADITIONAL
676-, TRIBAL, OR INDIGENOUS USE OF NATURAL MEDICINES .
645+EVEN MEMBERS WITH SIGNIFICANT EXPERTISE AND2
646+EXPERIENCE IN ONE OR MORE OF THE FOLLOWING AREAS : NATURAL3
647+MEDICINE THERAPY, MEDICINE, AND RESEARCH; MYCOLOGY AND NATURAL4
648+MEDICINE CULTIVATION; LICENSEE QUALIFICATIONS; EMERGENCY MEDICAL5
649+SERVICES AND SERVICES PROVIDED BY FIRST RESPONDERS ; MENTAL AND6
650+BEHAVIORAL HEALTH CARE; HEALTH-CARE INSURANCE AND HEALTH-CARE7
651+POLICY; AND PUBLIC HEALTH, DRUG POLICY, AND HARM REDUCTION; AND8
652+(b) E
653+IGHT MEMBERS WITH SIGNIFICANT EXPERTISE AND9
654+EXPERIENCE IN ONE OR MORE OF THE FOLLOWING AREAS : RELIGIOUS USE10
655+OF NATURAL MEDICINES; ISSUES CONFRONTING VETERANS; TRADITIONAL11
656+TRIBAL OR INDIGENOUS
657+ USE OF NATURAL MEDICINES ; LEVELS AND12
658+DISPARITIES IN ACCESS TO HEALTH-CARE SERVICES AMONG DIFFERENT13
659+COMMUNITIES; AND PAST CRIMINAL JUSTICE REFORM EFFORTS IN14
660+C
661+OLORADO. AT LEAST ONE OF THE EIGHT MEMBERS MUST HAVE EXPERTISE15
662+OR EXPERIENCE IN TRADITIONAL , TRIBAL, OR
663+ INDIGENOUS USE OF16
664+NATURAL MEDICINES.17
677665 (3) T
678-HE BOARD INCLUDES THE EXECUTIVE DIRECTOR OF THE
679-DEPARTMENT OF REVENUE
680-, OR THE EXECUTIVE DIRECTOR 'S DESIGNEE,
681-SERVING AS A NON-VOTING MEMBER.
666+HE BOARD INCLUDES THE EXECUTIVE DIRECTOR OF THE18
667+DEPARTMENT OF REVENUE , OR THE EXECUTIVE DIRECTOR 'S DESIGNEE,19
668+SERVING AS A NON-VOTING MEMBER.20
682669 (4) (a) F
683-OR THE INITIAL BOARD, SEVEN OF THE MEMBERS ARE
684-APPOINTED TO A TERM OF TWO YEARS AND EIGHT MEMBERS ARE APPOINTED
685-TO A TERM OF FOUR YEARS AS DESIGNATED IN THE GOVERNOR
686-'S
687-APPOINTMENT
688-.
670+OR THE INITIAL BOARD, SEVEN OF THE MEMBERS ARE21
671+APPOINTED TO A TERM OF TWO YEARS AND EIGHT MEMBERS ARE22
672+APPOINTED TO A TERM OF FOUR YEARS AS DESIGNATED IN THE23
673+GOVERNOR'S APPOINTMENT.24
689674 (b) A
690-T THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE
691-PAGE 13-SENATE BILL 23-290 INITIAL BOARD PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE
692-GOVERNOR SHALL APPOINT MEMBERS TO THE BOARD
693-, WITHOUT CONSENT OF
694-THE SENATE
695-. EACH MEMBER APPOINTED BY THE GOVERNOR IS APPOINTED TO
696-A TERM OF FOUR YEARS
697-.
675+T THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE25
676+INITIAL BOARD PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE26
677+GOVERNOR SHALL APPOINT MEMBERS TO THE BOARD , WITHOUT CONSENT27
678+290
679+-19- OF THE SENATE. EACH MEMBER APPOINTED BY THE GOVERNOR IS1
680+APPOINTED TO A TERM OF FOUR YEARS .2
698681 (c) E
699-XCEPT FOR THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
700-AUTHORITY
701-, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, MEMBERS OF THE
702-BOARD MAY SERVE UP TO TWO CONSECUTIVE TERMS
703-. MEMBERS ARE SUBJECT
704-TO REMOVAL FOR MISCONDUCT
705-, INCOMPETENCE, NEGLECT OF DUTY, OR
706-UNPROFESSIONAL CONDUCT
707-.
682+XCEPT FOR THE EXECUTIVE DIRECTOR OF THE STATE3
683+LICENSING AUTHORITY, OR THE EXECUTIVE DIRECTOR 'S DESIGNEE,4
684+MEMBERS OF THE BOARD MAY SERVE UP TO TWO CONSECUTIVE TERMS .5
685+M
686+EMBERS ARE SUBJECT TO REMOVAL FOR MISCONDUCT , INCOMPETENCE,6
687+NEGLECT OF DUTY, OR UNPROFESSIONAL CONDUCT .7
708688 (5) T
709-HE BOARD SHALL MAKE RECOMMENDATIONS TO THE DIRECTOR
710-AND STATE LICENSING AUTHORITY RELATED TO
711-, BUT NOT LIMITED TO, THE
712-FOLLOWING AREAS
713-:
689+HE BOARD SHALL MAKE RECOMMENDATIONS TO THE8
690+DIRECTOR AND STATE LICENSING AUTHORITY RELATED TO , BUT NOT9
691+LIMITED TO, THE FOLLOWING AREAS:10
714692 (a) A
715-CCURATE PUBLIC HEALTH APPROACHES REGARDING USE ,
716-BENEFITS, HARMS, AND RISK REDUCTION FOR NATURAL MEDICINE AND
717-NATURAL MEDICINE PRODUCT AND THE CONTENT AND SCOPE OF
718-EDUCATIONAL CAMPAIGNS RELATED TO NATURAL MEDICINE AND NATURAL
719-MEDICINE PRODUCT
720-;
693+CCURATE PUBLIC HEALTH APPROACHES REGARDING USE ,11
694+BENEFITS, HARMS,
695+ AND RISK REDUCTION FOR NATURAL MEDICINE AND12
696+NATURAL MEDICINE PRODUCT AND THE CONTENT AND SCOPE OF13
697+EDUCATIONAL CAMPAIGNS RELATED TO NATURAL MEDICINE AND NATURAL14
698+MEDICINE PRODUCT;15
721699 (b) R
722-ESEARCH RELATED TO THE EFFICACY AND REGULATION OF
723-NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT
724-, INCLUDING
725-RECOMMENDATIONS RELATED TO PRODUCT SAFETY
726-, HARM REDUCTION, AND
727-CULTURAL RESPONSIBILITY
728-;
700+ESEARCH RELATED TO THE EFFICACY AND REGULATION OF16
701+NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT , INCLUDING17
702+RECOMMENDATIONS RELATED TO PRODUCT SAFETY , HARM REDUCTION,18
703+AND CULTURAL RESPONSIBILITY;19
729704 (c) T
730-HE PROPER CONTENT OF TRAINING PROGRAMS , EDUCATIONAL
731-AND EXPERIENTIAL REQUIREMENTS
732-, AND QUALIFICATIONS FOR
733-FACILITATORS
734-. WHEN CONSIDERING RECOMMENDATIONS MADE PURSUANT
735-TO THIS SUBSECTION
736- (5)(c), THE BOARD MAY CONSIDER :
705+HE PROPER CONTENT OF TRAINING PROGRAMS , EDUCATIONAL20
706+AND EXPERIENTIAL REQUIREMENTS , AND QUALIFICATIONS FOR21
707+FACILITATORS. WHEN CONSIDERING RECOMMENDATIONS MADE PURSUANT22
708+TO THIS SUBSECTION (5)(c), THE BOARD MAY CONSIDER :23
737709 (I) T
738-IERED FACILITATOR LICENSING, FOR THE PURPOSE OF REQUIRING
739-VARYING LEVELS OF EDUCATION AND TRAINING DEPENDENT UPON THE TYPE
740-OF PARTICIPANT THAT THE FACILITATOR WILL BE PROVIDING SERVICES TO
741-AND THE TYPE OF SERVICES THE FACILITATOR WILL BE PROVIDING
742-;
710+IERED FACILITATOR LICENSING , FOR THE PURPOSE OF24
711+REQUIRING VARYING LEVELS OF EDUCATION AND TRAINING DEPENDENT25
712+UPON THE TYPE OF PARTICIPANT THAT THE FACILITATOR WILL BE26
713+PROVIDING SERVICES TO AND THE TYPE OF SERVICES THE FACILITATOR27
714+290
715+-20- WILL BE PROVIDING;1
743716 (II) L
744-IMITED WAIVERS OF EDUCATION AND TRAINING REQUIREMENTS
745-BASED UPON THE APPLICANT
746-'S PRIOR EXPERIENCE, TRAINING, OR SKILLS,
747-INCLUDING BUT NOT LIMITED TO NATURAL MEDICINE OR NATURAL MEDICINE
748-PRODUCT
749-; AND
750-PAGE 14-SENATE BILL 23-290 (III) THE REMOVAL OF UNREASONABLE FINANCIAL OR LOGISTICAL
751-BARRIERS THAT MAKE OBTAINING A FACILITATOR LICENSE COMMERCIALLY
752-UNREASONABLE FOR INDIVIDUALS
753-, INCLUDING LOW-INCOME INDIVIDUALS.
717+IMITED WAIVERS OF EDUCATION AND TRAINING2
718+REQUIREMENTS BASED UPON THE APPLICANT 'S PRIOR EXPERIENCE,3
719+TRAINING, OR SKILLS, INCLUDING BUT NOT LIMITED TO NATURAL MEDICINE4
720+OR NATURAL MEDICINE PRODUCT ; AND5
721+(III) T
722+HE REMOVAL OF UNREASONABLE FINANCIAL OR LOGISTICAL6
723+BARRIERS THAT MAKE OBTAINING A FACILITATOR LICENSE COMMERCIALLY7
724+UNREASONABLE FOR INDIVIDUALS , INCLUDING LOW-INCOME INDIVIDUALS.8
754725 (d) A
755-FFORDABLE, EQUITABLE, ETHICAL, AND CULTURALLY
756-RESPONSIBLE ACCESS TO NATURAL MEDICINE AND NATURAL MEDICINE
757-PRODUCT AND REQUIREMENTS TO ENSURE THIS ARTICLE
758-170 IS EQUITABLE
759-AND INCLUSIVE
760-. IN PERFORMING THIS REQUIREMENT , THE BOARD MAY
761-CONSIDER MAKING RECOMMENDATIONS ON WAYS TO REDUCE THE COSTS OF
762-LICENSURE FOR LOW
763--INCOME INDIVIDUALS, FOR PROVIDING INCENTIVES FOR
764-THE PROVISION OF NATURAL MEDICINE SERVICES AT A REDUCED COST TO
765-INDIVIDUALS WITH LOW INCOME
766-, AND PROVIDING INCENTIVES FOR THE
767-PROVISION OF NATURAL MEDICINE SERVICES IN GEOGRAPHIC AND
768-CULTURALLY DIVERSE REGIONS OF THE STATE
769-.
726+FFORDABLE, EQUITABLE, ETHICAL, AND CULTURALLY9
727+RESPONSIBLE ACCESS TO NATURAL MEDICINE AND NATURAL MEDICINE10
728+PRODUCT AND REQUIREMENTS TO ENSURE THIS ARTICLE 170 IS EQUITABLE11
729+AND INCLUSIVE. IN PERFORMING THIS REQUIREMENT , THE BOARD MAY12
730+CONSIDER MAKING RECOMMENDATIONS ON WAYS TO REDUCE THE COSTS13
731+OF LICENSURE FOR LOW-INCOME INDIVIDUALS, FOR PROVIDING INCENTIVES14
732+FOR THE PROVISION OF NATURAL MEDICINE SERVICES AT A REDUCED COST15
733+TO INDIVIDUALS WITH LOW INCOME, AND PROVIDING INCENTIVES FOR THE16
734+PROVISION OF NATURAL MEDICINE SERVICES IN GEOGRAPHIC AND17
735+CULTURALLY DIVERSE REGIONS OF THE STATE .18
770736 (e) A
771-PPROPRIATE REGULATORY CONSIDERATIONS FOR EACH TYPE OF
772-NATURAL MEDICINE
773-, AND THE PREPARATION SESSION , ADMINISTRATION
774-SESSION
775-, AND INTEGRATION SESSION;
737+PPROPRIATE REGULATORY CONSIDERATIONS FOR EACH TYPE19
738+OF NATURAL MEDICINE, AND THE PREPARATION SESSION, ADMINISTRATION20
739+SESSION, AND INTEGRATION SESSION;21
776740 (f) T
777-HE ADDITION OF OTHER TYPES OF NATURAL MEDICINE TO THIS
778-ARTICLE
779-170 AND ARTICLE 50 OF TITLE 44 PURSUANT TO SECTION
780-12-170-104 (12)(b)(I), (12)(b)(II), OR (12)(b)(III) BASED ON AVAILABLE
781-MEDICAL
782-, PSYCHOLOGICAL, AND SCIENTIFIC STUDIES, RESEARCH, AND OTHER
783-INFORMATION RELATED TO THE SAFETY AND EFFICACY OF EACH NATURAL
784-MEDICINE
785-, AND SHALL PRIORITIZE CONSIDERING THE ADDITION OF IBOGAINE
786-PURSUANT TO SECTION
787-12-170-104 (12)(b)(II), TO THIS ARTICLE 170, AND
788-ARTICLE
789-50 OF TITLE 44;
741+HE ADDITION OF OTHER TYPES OF NATURAL MEDICINE TO THIS22
742+ARTICLE 170 AND ARTICLE 50 OF TITLE 44 PURSUANT TO SECTION23
743+12-170-104
744+(12)(b)(I), (12)(b)(II), OR (12)(b)(III) BASED ON AVAILABLE24
745+MEDICAL, PSYCHOLOGICAL, AND SCIENTIFIC STUDIES, RESEARCH, AND25
746+OTHER INFORMATION RELATED TO THE SAFETY AND EFFICACY OF EACH26
747+NATURAL MEDICINE, AND SHALL PRIORITIZE CONSIDERING THE ADDITION27
748+290
749+-21- OF IBOGAINE PURSUANT TO SECTION 12-170-104 (12)(b)(II), TO THIS1
750+ARTICLE 170, AND ARTICLE 50 OF TITLE 44;2
790751 (g) A
791-LL RULES TO BE PROMULGATED BY THE DIRECTOR PURSUANT TO
792-THIS ARTICLE
793-170, AND THE STATE LICENSING AUTHORITY PURSUANT TO
794-ARTICLE
795-50 OF TITLE 44; AND
796-(h) REQUIREMENTS FOR ACCURATE AND COMPLETE DATA
797-COLLECTION
798-, REPORTING, AND PUBLICATION OF INFORMATION RELATED TO
799-THE IMPLEMENTATION OF THIS ARTICLE
800-170.
752+LL RULES TO BE PROMULGATED BY THE DIRECTOR PURSUANT3
753+TO THIS ARTICLE 170, AND THE STATE LICENSING AUTHORITY PURSUANT4
754+TO ARTICLE 50 OF TITLE 44; AND5
755+(h) R
756+EQUIREMENTS FOR ACCURATE AND COMPL ETE DATA6
757+COLLECTION, REPORTING, AND PUBLICATION OF INFORMATION RELATED TO7
758+THE IMPLEMENTATION OF THIS ARTICLE 170.8
801759 (6) T
802-HE BOARD SHALL, ON AN ONGOING BASIS , REVIEW AND
803-EVALUATE EXISTING AND CURRENT RESEARCH
804-, STUDIES, AND REAL-WORLD
805-DATA RELATED TO NATURAL MEDICINE AND MAKE RECOMMENDATIONS TO
806-THE GENERAL ASSEMBLY AND OTHER RELEVANT STATE AGENCIES AS TO
807-PAGE 15-SENATE BILL 23-290 WHETHER NATURAL MEDICINE , NATURAL MEDICINE PRODUCT , NATURAL
808-MEDICINE SERVICES
809-, AND ASSOCIATED SERVICES SHOULD BE COVERED
810-UNDER HEALTH FIRST
811-COLORADO OR OTHER INSURANCE PROGRAMS AS A
812-COST
813--EFFECTIVE INTERVENTION FOR VARIOUS MENTAL HEALTH CONDITIONS ,
814-INCLUDING, BUT NOT LIMITED TO, END-OF-LIFE DISTRESS, SUBSTANCE USE
815-DISORDER
816-, ALCOHOL USE DISORDER, DEPRESSIVE DISORDERS, NEUROLOGICAL
817-DISORDERS
818-, CLUSTER HEADACHES, AND POST-TRAUMATIC STRESS DISORDER.
760+HE BOARD SHALL, ON AN ONGOING BASIS, REVIEW AND9
761+EVALUATE EXISTING AND CURRENT
762+ RESEARCH, STUDIES, AND REAL-WORLD10
763+DATA RELATED TO NATURAL MEDICINE AND MAKE RECOMMENDATIONS TO11
764+THE GENERAL ASSEMBLY AND OTHER RELEVANT STATE AGENCIES AS TO12
765+WHETHER NATURAL MEDICINE , NATURAL MEDICINE PRODUCT , NATURAL13
766+MEDICINE SERVICES, AND ASSOCIATED SERVICES SHOULD BE COVERED14
767+UNDER HEALTH FIRST COLORADO OR OTHER INSURANCE PROGRAMS AS A15
768+COST-EFFECTIVE INTERVENTION FOR VARIOUS MENTAL HEALTH16
769+CONDITIONS, INCLUDING, BUT NOT LIMITED TO, END-OF-LIFE DISTRESS,17
770+SUBSTANCE USE DISORDER , ALCOHOL USE DISORDER , DEPRESSIVE18
771+DISORDERS, NEUROLOGICAL DISORDERS , CLUSTER HEADACHES , AND19
772+POST-TRAUMATIC STRESS DISORDER.20
819773 (7) T
820-HE BOARD SHALL, ON AN ONGOING BASIS , REVIEW AND
821-EVALUATE SUSTAINABILITY ISSUES RELATED TO NATURAL MEDICINE AND
774+HE BOARD SHALL, ON AN ONGOING BASIS, REVIEW AND21
775+EVALUATE SUSTAINABILITY ISSUES RELATED TO NATURAL MEDICINE AND22
822776 NATURAL MEDICINE PRODUCT AND THE IMPACT ON TRIBAL AND
823-INDIGENOUS
824-CULTURES AND DOCUMENT EXISTING RECIPROCITY EFFORTS AND
825-CONTINUING SUPPORT MEASURES THAT ARE NEEDED
826-.
777+23
778+I
779+NDIGENOUS CULTURES AND DOCUMENT EXISTING RECIPROCITY EFFORTS24
780+AND CONTINUING SUPPORT MEASURES THAT ARE NEEDED .25
827781 (8) T
828-HE BOARD SHALL PUBLISH AN ANNUAL REPORT DESCRIBING ITS
829-ACTIVITIES
830-, INCLUDING THE RECOMMENDATIONS AND ADVICE PROVIDED TO
831-THE DIRECTOR
832-, THE STATE LICENSING AUTHORITY , AND THE GENERAL
833-ASSEMBLY
834-.
782+HE BOARD SHALL PUBLISH AN ANNUAL REPORT DESCRIBING26
783+ITS ACTIVITIES, INCLUDING THE RECOMMENDATIONS AND ADVICE27
784+290
785+-22- PROVIDED TO THE DIRECTOR, THE STATE LICENSING AUTHORITY, AND THE1
786+GENERAL ASSEMBLY.2
835787 (9) T
836-HE DIVISION SHALL PROVIDE REASONABLE REQUESTED
837-TECHNICAL
838-, LOGISTICAL, AND OTHER SUPPORT TO THE BOARD TO ASSIST THE
839-BOARD WITH ITS DUTIES AND OBLIGATIONS
840-.
841-SECTION 6. In Colorado Revised Statutes, repeal and reenact,
842-with amendments, 12-170-107 as follows:
788+HE DIVISION SHALL PROVIDE REASONABLE REQUESTED3
789+TECHNICAL, LOGISTICAL, AND OTHER SUPPORT TO THE BOARD TO ASSIST4
790+THE BOARD WITH ITS DUTIES AND OBLIGATIONS .5
791+SECTION 6. In Colorado Revised Statutes, repeal and reenact,6
792+with amendments, 12-170-107 as follows:7
843793 12-170-107. Federally recognized American tribes and
844-Indigenous community working group - creation - duties. (1) T
845-HE
846-DIRECTOR SHALL ESTABLISH THE FEDERALLY RECOGNIZED
847-AMERICAN TRIBES
848-AND
849-INDIGENOUS COMMUNITY WORKING GROUP FOR THE PURPOSE OF
850-ENGAGING AND CREATING A DIALOGUE TO IDENTIFY ISSUES RELATED TO THE
851-COMMERCIALIZATION OF NATURAL MEDICINE
852-, NATURAL MEDICINE PRODUCT,
853-AND NATURAL MEDICINE SERVICES FOR TRIBAL AND INDIGENOUS PEOPLE,
854-COMMUNITIES, CULTURES, AND RELIGIONS. THE COMMUNITY WORKING
855-GROUP SHALL STUDY THE FOLLOWING
856-:
794+8
795+Indigenous community working group - creation - duties. (1) T HE9
796+DIRECTOR SHALL ESTABLISH THE FEDERALLY RECOGNIZED AMERICAN10
797+TRIBES AND INDIGENOUS COMMUNITY WORKING GROUP FOR THE PURPOSE11
798+OF ENGAGING AND CREATING A DIALOGUE TO IDENTIFY ISSUES RELATED12
799+TO THE COMMERCIALIZATION OF NATURAL MEDICINE , NATURAL MEDICINE13
800+PRODUCT, AND NATURAL MEDICINE SERVICES FOR TRIBAL AND14
801+I
802+NDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS. THE15
803+COMMUNITY WORKING GROUP SHALL STUDY THE FOLLOWING :16
857804 (a) A
858805 VOIDING THE MISAPPROPRIATION AND EXPLOITATION OF THE
859-FEDERALLY RECOGNIZED
860-AMERICAN TRIBES AND INDIGENOUS PEOPLE,
861-COMMUNITIES, CULTURES, AND RELIGIONS;
862-PAGE 16-SENATE BILL 23-290 (b) AVOIDING THE EXCESSIVE COMMERCIALIZATION OF NATURAL
863-MEDICINE
864-, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE
865-SERVICES
866-;
806+17
807+FEDERALLY RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE,18
808+COMMUNITIES, CULTURES, AND RELIGIONS;19
809+(b) A
810+VOIDING THE EXCESSIVE COMMERCIALIZATION OF NATURAL20
811+MEDICINE, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE21
812+SERVICES;22
867813 (c) A
868-NY CONSERVATION ISSUES ASSOCIATED WITH THE
869-LEGALIZATION AND REGULATION OF NATURAL MEDICINE OR NATURAL
870-MEDICINE PRODUCT
871-, INCLUDING THE POTENTIAL FOR FURTHER DEPLETION OF
872-PEYOTE DUE TO PEYOTE BEING A SOURCE OF MESCALINE
873-; AND
874-(d) BEST PRACTICES AND OPEN COMMUNICATION TO BUILD TRUST
875-AND UNDERSTANDING BETWEEN THE FEDERALLY RECOGNIZED
876-AMERICAN
877-TRIBES AND
878-INDIGENOUS PEOPLE AND COMMUNITIES , THE BOARD, THE
879-DIVISION
880-, THE STATE LICENSING AUTHORITY , AND LAW ENFORCEMENT
881-AGENCIES
882-, FOR THE PURPOSE OF AVOIDING UNNECESSARY BURDENS AND
883-CRIMINALIZATION OF TRADITIONAL TRIBAL AND
884-INDIGENOUS USES OF
885-NATURAL MEDICINE
886-.
814+NY CONSERVATION ISSUES ASSOCIATED WITH THE23
815+LEGALIZATION AND REGULATION OF NATURAL MEDICINE OR NATURAL24
816+MEDICINE PRODUCT, INCLUDING THE POTENTIAL FOR FURTHER DEPLETION25
817+OF PEYOTE DUE TO PEYOTE BEING A SOURCE OF MESCALINE ; AND26
818+(d) B
819+EST PRACTICES AND OPEN COMMUNICATION TO BUILD TRUST27
820+290
821+-23- AND UNDERSTANDING BETWEEN THE FEDERALLY RECOGNIZED AMERICAN1
822+TRIBES AND INDIGENOUS PEOPLE AND COMMUNITIES , THE BOARD, THE2
823+DIVISION, THE STATE LICENSING AUTHORITY , AND LAW ENFORCEMENT3
824+AGENCIES, FOR THE PURPOSE OF AVOIDING UNNECESSARY BURDENS AND4
825+CRIMINALIZATION OF TRADITIONAL TRIBAL AND INDIGENOUS USES OF5
826+NATURAL MEDICINE.6
887827 (2) T
888-HE WORKING GROUP SHALL ADVISE THE BOARD AND THE
889-DIVISION ON ITS FINDINGS AND RECOMMENDATIONS PURSUANT TO THE
890-SUBJECTS IDENTIFIED IN SUBSECTION
891-(1) OF THIS SECTION.
828+HE WORKING GROUP SHALL ADVISE THE BOARD AND THE7
829+DIVISION ON ITS FINDINGS AND RECOMMENDATIONS PURSUANT TO THE8
830+SUBJECTS IDENTIFIED IN SUBSECTION (1) OF THIS SECTION.9
892831 (3) T
893-HE DIRECTOR IS ENCOURAGED TO ENGAGE WITH THE FEDERALLY
894-RECOGNIZED
895-AMERICAN TRIBES AND INDIGENOUS PEOPLE WHO HAVE
896-SIGNIFICANT EXPERIENCE WITH TRADITIONAL USE OF NATURAL MEDICINE
897-AND OTHER PERSONS DEEMED NECESSARY BY THE DIRECTOR FOR THE
898-PURPOSE OF THIS SECTION
899-.
900-SECTION 7. In Colorado Revised Statutes, repeal and reenact,
901-with amendments, 12-170-108 as follows:
902-12-170-108. License required - unauthorized practice -
832+HE DIRECTOR IS ENCOURAGED TO ENGAGE WITH THE
833+10
834+FEDERALLY RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE11
835+WHO HAVE SIGNIFICANT EXPERIENCE WITH TRADITIONAL USE OF NATURAL12
836+MEDICINE AND OTHER PERSONS DEEMED NECESSARY BY THE DIRECTOR13
837+FOR THE PURPOSE OF THIS SECTION.14
838+SECTION 7. In Colorado Revised Statutes, repeal and reenact,15
839+with amendments, 12-170-108 as follows:16
840+12-170-108. License required - unauthorized practice -17
903841 mandatory disclosure of information - rule. (1) A
904-N INDIVIDUAL SHALL
905-NOT ENGAGE IN FACILITATION
906-, OR REPRESENT TO THE PUBLIC OR IDENTIFY
907-THE INDIVIDUAL
908-'S SELF AS A FACILITATOR, IN THIS STATE UNTIL THE
909-INDIVIDUAL HAS RECEIVED A LICENSE FROM THE DIRECTOR
910-.
842+N INDIVIDUAL SHALL18
843+NOT ENGAGE IN FACILITATION, OR REPRESENT TO THE PUBLIC OR IDENTIFY19
844+THE INDIVIDUAL'S SELF AS A FACILITATOR, IN THIS STATE UNTIL THE20
845+INDIVIDUAL HAS RECEIVED A LICENSE FROM THE DIRECTOR .21
911846 (2) A
912- FACILITATOR SHALL CONSPICUOUSLY DISPLAY THE LICENSE
913-ISSUED BY THE DIRECTOR IN THE HEALING CENTER
914-, INCLUDING INFORMATION
915-CONCERNING HOW TO FILE A COMPLAINT AGAINST THE FACILITATOR WITH
916-THE DIRECTOR
917-.
918-PAGE 17-SENATE BILL 23-290 (3) EVERY LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE
919-HOLDER SHALL PROVIDE THE FOLLOWING INFORMATION IN WRITING TO EACH
920-PARTICIPANT PRIOR TO A PREPARATION SESSION
921-, ADMINISTRATION SESSION,
922-AND INTEGRATION SESSION:
847+ FACILITATOR SHALL CONSPICUOUSLY DISPLAY THE LICENSE22
848+ISSUED BY THE DIRECTOR IN THE HEALING CENTER , INCLUDING23
849+INFORMATION CONCERNING HOW TO FILE A COMPLAINT AGAINST THE24
850+FACILITATOR WITH THE DIRECTOR.25
851+(3) E
852+VERY LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE26
853+HOLDER SHALL PROVIDE THE FOLLOWING INFORMATION IN WRITING TO27
854+290
855+-24- EACH PARTICIPANT PRIOR TO A PREPARATION SESSION , ADMINISTRATION1
856+SESSION, AND INTEGRATION SESSION:2
923857 (a) T
924-HE NAME, ADDRESS, AND PHONE NUMBER OF THE LICENSEE ,
925-PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER;
858+HE NAME, ADDRESS, AND PHONE NUMBER OF THE LICENSEE ,3
859+PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER;4
926860 (b) A
927-N EXPLANATION OF THE REGULATIONS APPLICABLE TO THE
928-LICENSEE
929-, PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER PURSUANT TO
930-THIS ARTICLE
931-170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 170;
861+N EXPLANATION OF THE REGULATIONS APPLICABLE TO THE5
862+LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER PURSUANT6
863+TO THIS ARTICLE 170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE7
864+170;8
932865 (c) A
933- LISTING OF TRAINING, EDUCATIONAL AND EXPERIENTIAL
934-REQUIREMENTS
935-, AND QUALIFICATIONS THE LICENSEE , PERMITTEE,
936-REGISTRANT, OR CERTIFICATE HOLDER PURSUANT TO THIS ARTICLE 170 OR
937-RULES PROMULGATED PURSUANT TO THIS ARTICLE
938-170 SATISFIED IN ORDER
939-TO OBTAIN A LICENSE
940-, PERMIT, REGISTRATION, OR CERTIFICATE;
866+ LISTING OF TRAINING, EDUCATIONAL AND EXPERIENTIAL9
867+REQUIREMENTS, AND QUALIFICATIONS THE LICENSEE , PERMITTEE,10
868+REGISTRANT, OR CERTIFICATE HOLDER PURSUANT TO THIS ARTICLE 170 OR11
869+RULES PROMULGATED PURSUANT TO THIS ARTICLE 170 SATISFIED IN ORDER12
870+TO OBTAIN A LICENSE, PERMIT, REGISTRATION, OR CERTIFICATE;13
941871 (d) A
942- STATEMENT INDICATING THAT THE LICENSEE , PERMITTEE,
943-REGISTRANT, OR CERTIFICATE HOLDER IS REGULATED BY THE DIVISION, AND
944-AN ADDRESS AND TELEPHONE NUMBER FOR THE DIVISION
945-; AND
946-(e) A STATEMENT INDICATING THAT THE PARTICIPANT IS ENTITLED
947-TO RECEIVE INFORMATION ABOUT NATURAL MEDICINE SERVICES
948-, MAY
949-TERMINATE NATURAL MEDICINE SERVICES AT ANY TIME
950-, AND MAY
951-TERMINATE PREVIOUSLY PROVIDED INFORMED CONSENT FOR PHYSICAL
952-CONTACT AT ANY TIME
953-.
872+ STATEMENT INDICATING THAT THE LICENSEE , PERMITTEE,14
873+REGISTRANT, OR CERTIFICATE HOLDER IS REGULATED BY THE DIVISION ,15
874+AND AN ADDRESS AND TELEPHONE NUMBER FOR THE DIVISION ; AND16
875+(e) A
876+ STATEMENT INDICATING THAT THE PARTICIPANT IS ENTITLED17
877+TO RECEIVE INFORMATION ABOUT NATURAL MEDICINE SERVICES , MAY18
878+TERMINATE NATURAL MEDICINE SERVICES AT ANY TIME , AND MAY19
879+TERMINATE PREVIOUSLY PROVIDED INFORMED CONSENT FOR PHYSICAL20
880+CONTACT AT ANY TIME.21
954881 (4) N
955-OTHING IN THIS SECTION PROHIBITS AN INDIVIDUAL FROM
956-PERFORMING A BONA FIDE RELIGIOUS
957-, CULTURALLY TRADITIONAL , OR
958-SPIRITUAL CEREMONY
959-, IF THE INDIVIDUAL INFORMS AN INDIVIDUAL
960-ENGAGING IN THE CEREMONY THAT THE INDIVIDUAL IS NOT A LICENSED
961-FACILITATOR
962-, AND THAT THE CEREMONY IS NOT ASSOCIATED WITH
963-COMMERCIAL
964-, BUSINESS, OR FOR-PROFIT ACTIVITY.
965-SECTION 8. In Colorado Revised Statutes, repeal and reenact,
966-with amendments, 12-170-109 as follows:
882+OTHING IN THIS SECTION PROHIBITS AN INDIVIDUAL FROM22
883+PERFORMING A BONA FIDE RELIGIOUS , CULTURALLY TRADITIONAL , OR23
884+SPIRITUAL CEREMONY, IF THE INDIVIDUAL
885+ INFORMS AN INDIVIDUAL24
886+ENGAGING IN THE CEREMONY THAT THE INDIVIDUAL IS NOT A LICENSED25
887+FACILITATOR, AND THAT THE CEREMONY IS NOT ASSOCIATED WITH26
888+COMMERCIAL, BUSINESS, OR FOR-PROFIT ACTIVITY.27
889+290
890+-25- SECTION 8. In Colorado Revised Statutes, repeal and reenact,1
891+with amendments, 12-170-109 as follows:2
967892 12-170-109. Grounds for discipline. (1) T
968-HE DIRECTOR MAY TAKE
969-DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN SECTION
893+HE DIRECTOR MAY3
894+TAKE DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN SECTION4
970895 12-20-404
971-PAGE 18-SENATE BILL 23-290 UPON PROOF THAT THE LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE
972-HOLDER
973-:
896+ UPON PROOF THAT THE LICENSEE, PERMITTEE, REGISTRANT, OR5
897+CERTIFICATE HOLDER:6
974898 (a) V
975-IOLATED A PROVISION OF THIS ARTICLE 170 OR A RULE
976-PROMULGATED PURSUANT TO THIS ARTICLE
977-170;
899+IOLATED A PROVISION OF THIS ARTICLE 170 OR A RULE7
900+PROMULGATED PURSUANT TO THIS ARTICLE 170;8
978901 (b) H
979-AS BEEN CONVICTED OF OR HAS ENTERED A PLEA OF NOLO
980-CONTENDERE TO A FELONY
981-. IN CONSIDERING THE CONVICTION OF OR THE
982-PLEA TO ANY SUCH CRIME
983-, THE DIRECTOR SHALL BE GOVERNED BY THE
984-PROVISIONS OF SECTIONS
985-12-20-202 (5) AND 24-5-101.
902+AS BEEN CONVICTED OF OR HAS ENTERED A PLEA OF NOLO9
903+CONTENDERE TO A FELONY. IN CONSIDERING THE CONVICTION OF OR THE10
904+PLEA TO ANY SUCH CRIME, THE DIRECTOR SHALL BE GOVERNED BY THE11
905+PROVISIONS OF SECTIONS 12-20-202 (5) AND 24-5-101.12
986906 (c) M
987-ADE ANY MISSTATEMENT ON AN APPLICATION FOR A LICENSE ,
988-REGISTRATION, OR PERMIT TO PRACTICE PURSUANT TO THIS ARTICLE 170 OR
989-ATTEMPTED TO OBTAIN A LICENSE
990-, REGISTRATION, PERMIT, OR CERTIFICATE
991-TO PRACTICE BY FRAUD
992-, DECEPTION, OR MISREPRESENTATION;
907+ADE ANY MISSTATEMENT ON AN APPLICATION FOR A LICENSE ,13
908+REGISTRATION, OR PERMIT TO PRACTICE PURSUANT TO THIS ARTICLE 17014
909+OR ATTEMPTED TO OBTAIN A LICENSE , REGISTRATION, PERMIT, OR15
910+CERTIFICATE TO PRACTICE BY FRAUD , DECEPTION , OR16
911+MISREPRESENTATION;17
993912 (d) C
994-OMMITTED AN ACT OR FAILED TO PERFORM AN ACT NECESSARY
995-TO MEET THE GENERALLY ACCEPTED PROFESSIONAL STANDARDS OF
996-CONDUCT TO PRACTICE A PROFESSION LICENSED PURSUANT TO THIS ARTICLE
997-170 OR PROMULGATED BY RULE PURSUANT TO 12-170-105 (1)(a)(II)(D),
998-INCLUDING PERFORMING SERVICES OUTSIDE OF THE PERSON 'S AREA OF
999-TRAINING
1000-, EXPERIENCE, OR COMPETENCE;
913+OMMITTED AN ACT OR FAILED TO PERFORM AN ACT18
914+NECESSARY TO MEET THE GENERALLY ACCEPTED PROFESSIONAL19
915+STANDARDS OF CONDUCT TO PRACTICE A PROFESSION LICENSED PURS UANT20
916+TO THIS ARTICLE 170 OR PROMULGATED BY RULE PURSUANT TO21
917+12-170-105 (1)(a)(II)(D),
918+INCLUDING PERFORMING SERVICES OUTSIDE OF22
919+THE PERSON'S AREA OF TRAINING, EXPERIENCE, OR COMPETENCE;23
1001920 (e) E
1002-XCESSIVELY OR HABITUALLY USES OR ABUSES ALCOHOL OR
1003-CONTROLLED SUBSTANCES
1004-;
921+XCESSIVELY OR HABITUALLY USES OR ABUSES ALCOHOL OR24
922+CONTROLLED SUBSTANCES ;25
1005923 (f) V
1006-IOLATED ANY OF THE PROVISIONS OF THIS ARTICLE 170, AN
1007-APPLICABLE PROVISION OF ARTICLE
1008-20 OF THIS TITLE 12, OR ANY VALID
1009-ORDER OF THE DIRECTOR
1010-;
924+IOLATED ANY OF THE PROVISIONS OF THIS ARTICLE 170, AN26
925+APPLICABLE PROVISION OF ARTICLE 20 OF THIS TITLE 12, OR ANY VALID27
926+290
927+-26- ORDER OF THE DIRECTOR;1
1011928 (g) I
1012-S GUILTY OF UNPROFESSIONAL OR DISHONEST CONDUCT ;
929+S GUILTY OF UNPROFESSIONAL OR DISHONEST CONDUCT ;2
1013930 (h) A
1014-DVERTISES BY MEANS OF FALSE OR DECEPTIVE STATEMENT ;
931+DVERTISES BY MEANS OF FALSE OR DECEPTIVE STATEMENT ;3
1015932 (i) F
1016-AILS TO DISPLAY THE LICENSE AS PROVIDED IN SECTION
1017-12-170-108 (2);
933+AILS TO DISPLAY THE LICENSE AS PROVIDED IN SECTION4
934+12-170-108 (2);5
1018935 (j) F
1019-AILS TO COMPLY WITH THE RULES PROMULGATED BY THE
1020-DIRECTOR PURSUANT TO THIS ARTICLE
1021-170;
1022-PAGE 19-SENATE BILL 23-290 (k) IS GUILTY OF WILLFUL MISREPRESENTATION ;
936+AILS TO COMPLY WITH THE RULES PROMULGATED BY THE6
937+DIRECTOR PURSUANT TO THIS ARTICLE 170;7
938+(k) I
939+S GUILTY OF WILLFUL MISREPRESENTATION ;8
1023940 (l) F
1024-AILS TO DISCLOSE TO THE DIRECTOR WITHIN FORTY -FIVE DAYS
1025-A CONVICTION FOR A FELONY OR ANY CRIME THAT IS RELATED TO THE
1026-PRACTICE AS A FACILITATOR
1027-;
941+AILS TO DISCLOSE TO THE DIRECTOR WITHIN FORTY-FIVE DAYS9
942+A CONVICTION FOR A FELONY OR ANY CRIME THAT IS RELATED TO THE10
943+PRACTICE AS A FACILITATOR;11
1028944 (m) A
1029-IDS OR ABETS THE UNLICENSED PRACTICE OF FACILITATION; OR
1030-(n) FAILS TO TIMELY RESPOND TO A COMPLAINT SENT BY THE
1031-DIRECTOR PURSUANT TO SECTION
1032-12-170-110.
1033-SECTION 9. In Colorado Revised Statutes, repeal and reenact,
1034-with amendments, 12-170-110 as follows:
1035-12-170-110. Disciplinary proceedings - administrative law
945+IDS OR ABETS THE UNLICENSED PRACTICE OF FACILITATION ;12
946+OR13
947+(n) F
948+AILS TO TIMELY RESPOND TO A COMPLAINT SENT BY THE14
949+DIRECTOR PURSUANT TO SECTION 12-170-110.15
950+SECTION 9. In Colorado Revised Statutes, repeal and reenact,16
951+with amendments, 12-170-110 as follows:17
952+12-170-110. Disciplinary proceedings - administrative law18
1036953 judges - judicial review. (1) T
1037-HE DIRECTOR MAY, THROUGH THE
1038-DEPARTMENT
1039-, EMPLOY ADMINISTRATIVE LAW JUDGES TO CONDUCT
1040-HEARINGS AS PROVIDED BY THIS SECTION OR ON ANY MATTER WITHIN THE
1041-DIRECTOR
1042-'S JURISDICTION UPON SUCH CONDITIONS AND TERMS AS THE
1043-DIRECTOR MAY DETERMINE
1044-.
954+HE DIRECTOR MAY, THROUGH THE19
955+DEPARTMENT, EMPLOY ADMINISTRATIVE LAW JUDGES TO CONDUCT20
956+HEARINGS AS PROVIDED BY THIS SECTION OR ON ANY MATTER WITHIN THE21
957+DIRECTOR'S JURISDICTION UPON SUCH CONDITIONS AND TERMS AS THE22
958+DIRECTOR MAY DETERMINE .23
1045959 (2) A
1046- PROCEEDING FOR DISCIPLINE OF A LICENSEE , PERMITTEE,
1047-REGISTRANT, OR CERTIFICATE HOLDER MUST BE COMMENCED WHEN THE
1048-DIRECTOR HAS REASONABLE GROUNDS TO BELIEVE THAT A LICENSEE
1049-,
1050-PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER HAS COMMITTED ACTS
1051-THAT MAY VIOLATE THE PROVISIONS OF THIS ARTICLE
1052-170 OR RULES
1053-PROMULGATED PURSUANT TO THIS ARTICLE
1054-170. THE GROUNDS MAY BE
1055-ESTABLISHED BY AN INVESTIGATION BEGUN BY THE DIRECTOR ON THE
1056-DIRECTOR
1057-'S OWN MOTION OR BY AN INVESTIGATION PURSUANT TO A
1058-WRITTEN COMPLAINT
1059-. SECTION 12-20-403 AND ARTICLE 4 OF TITLE 24
1060-GOVERN PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION .
960+ PROCEEDING FOR DISCIPLINE OF A LICENSEE , PERMITTEE,24
961+REGISTRANT, OR CERTIFICATE HOLDER MUST BE COMMENCED WHEN THE25
962+DIRECTOR HAS REASONABLE GROUNDS TO BELIEVE THAT A LICENSEE ,26
963+PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER HAS COMMITTED ACTS27
964+290
965+-27- THAT MAY VIOLATE THE PROVISIONS OF THIS ARTICLE 170 OR RULES1
966+PROMULGATED PURSUANT TO THIS ARTICLE 170. THE GROUNDS MAY BE2
967+ESTABLISHED BY AN INVESTIGATION BEGUN BY THE DIRECTOR ON THE3
968+DIRECTOR'S OWN MOTION OR BY AN INVESTIGATION PURSUANT TO A4
969+WRITTEN COMPLAINT. SECTION 12-20-403 AND ARTICLE 4 OF TITLE 245
970+GOVERN PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION .6
1061971 (3) A
1062-NY HEARING ON THE REVOCATION OR SUSPENSION OF A
1063-LICENSE
1064-, PERMIT, REGISTRATION, OR CERTIFICATE, OR ON THE DENIAL OF AN
1065-APPLICATION FOR A NEW LICENSE
1066-, PERMIT, REGISTRATION, OR CERTIFICATE,
1067-OR FOR RENEWAL OF A PREVIOUSLY ISSUED LICENSE, PERMIT, REGISTRATION,
1068-OR CERTIFICATE MUST BE CONDUCTED BY AN ADMINISTRATIVE LAW JUDGE .
972+NY HEARING ON THE REVOCATION OR SUSPENSION OF A7
973+LICENSE, PERMIT, REGISTRATION, OR CERTIFICATE, OR ON THE DENIAL OF8
974+AN APPLICATION FOR A NEW LICENSE , PERMIT, REGISTRATION, OR9
975+CERTIFICATE, OR FOR RENEWAL OF A PREVIOUSLY ISSUED LICENSE, PERMIT,10
976+REGISTRATION, OR CERTIFICATE MUST BE CONDUCTED BY AN11
977+ADMINISTRATIVE LAW JUDGE.12
1069978 (4) F
1070-INAL ACTION BY THE DIRECTOR MAY BE JUDICIALLY REVIEWED
1071-PURSUANT TO SECTION
1072-12-20-408.
1073-PAGE 20-SENATE BILL 23-290 SECTION 10. In Colorado Revised Statutes, repeal and reenact,
1074-with amendments, 12-170-111 as follows:
979+INAL ACTION BY THE DIRECTOR MAY BE JUDICIALLY13
980+REVIEWED PURSUANT TO SECTION 12-20-408.14
981+SECTION 10. In Colorado Revised Statutes, repeal and reenact,15
982+with amendments, 12-170-111 as follows:16
1075983 12-170-111. Fees - cash fund - created. (1) B
1076-ASED UPON THE
1077-APPROPRIATION MADE AND SUBJECT TO THE APPROVAL OF THE EXECUTIVE
1078-DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES
1079-, THE DIRECTOR
1080-SHALL ESTABLISH AND ADJUST FEES THAT THE DIRECTOR IS AUTHORIZED BY
1081-LAW TO COLLECT SO THAT THE REVENUE GENERATED FROM THE FEES
1082-APPROXIMATES ITS DIRECT AND INDIRECT COSTS
1083-; EXCEPT THAT FEES MUST
1084-NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS ARTICLE
1085-170.
984+ASED UPON THE17
985+APPROPRIATION MADE AND SUBJECT TO THE APPROVAL OF THE EXECUTIVE18
986+DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES , THE DIRECTOR19
987+SHALL ESTABLISH AND ADJUST FEES THAT THE DIRECTOR IS AUTHORIZED20
988+BY LAW TO COLLECT SO THAT THE REVENUE GENERATED FROM THE FEES21
989+APPROXIMATES ITS DIRECT AND INDIRECT COSTS; EXCEPT THAT FEES MUST22
990+NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS ARTICLE 170.23
1086991 (2) T
1087-HE NATURAL MEDICINE FACILITATOR CASH FUND , REFERRED TO
1088-IN THIS SECTION AS THE
1089-"FUND", IS CREATED IN THE STATE TREASURY. THE
1090-FUND CONSISTS OF FEES CREDITED TO THE FUND PURSUANT TO THIS ARTICLE
1091-170 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY
1092-APPROPRIATE OR TRANSFER TO THE FUND
1093-.
992+HE NATURAL MEDICINE FACILITATOR CASH FUND , REFERRED24
993+TO IN THIS SECTION AS THE "FUND", IS CREATED IN THE STATE TREASURY.25
994+T
995+HE FUND CONSISTS OF FEES CREDITED TO THE FUND PURSUANT TO THIS26
996+ARTICLE 170 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY27
997+290
998+-28- APPROPRIATE OR TRANSFER TO THE FUND .1
1094999 (3) T
1095-HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
1096-DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
1097-THE FUND
1098-.
1000+HE STATE TREASURER SHALL CREDIT ALL INTEREST AND2
1001+INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE3
1002+FUND TO THE FUND.4
10991003 (4) M
1100-ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
1101-DEPARTMENT FOR THE ADMINISTRATION OF THIS ARTICLE
1102-170.
1103-SECTION 11. In Colorado Revised Statutes, repeal and reenact,
1104-with amendments, 12-170-112 as follows:
1004+ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE5
1005+DEPARTMENT FOR THE ADMINISTRATION OF THIS ARTICLE 170.6
1006+SECTION 11. In Colorado Revised Statutes, repeal and reenact,7
1007+with amendments, 12-170-112 as follows:8
11051008 12-170-112. Local jurisdiction. (1) A
1106- LOCAL JURISDICTION SHALL
1107-NOT PROHIBIT A FACILITATOR FROM PROVIDING NATURAL MEDICINE
1108-SERVICES WITHIN ITS BOUNDARIES IF THE INDIVIDUAL IS A LICENSED
1109-FACILITATOR PURSUANT TO THIS ARTICLE
1110-170.
1009+ LOCAL JURISDICTION9
1010+SHALL NOT PROHIBIT A FACILITATOR FROM PROVIDING NATURAL MEDICINE10
1011+SERVICES WITHIN ITS BOUNDARIES IF THE INDIVIDUAL IS A LICENSED11
1012+FACILITATOR PURSUANT TO THIS ARTICLE 170.12
11111013 (2) A
1112- LOCAL JURISDICTION SHALL NOT ADOPT ORDINANCES OR
1113-REGULATIONS THAT ARE UNREASONABLE OR IN CONFLICT WITH THIS ARTICLE
1114-170.
1115-SECTION 12. In Colorado Revised Statutes, repeal and reenact,
1116-with amendments, 12-170-113 as follows:
1014+ LOCAL JURISDICTION SHALL NOT ADOPT ORDINANCES OR13
1015+REGULATIONS THAT ARE UNREASONABLE OR IN CONFLICT WITH THIS14
1016+ARTICLE 170.15
1017+SECTION 12. In Colorado Revised Statutes, repeal and reenact,16
1018+with amendments, 12-170-113 as follows:17
11171019 12-170-113. Protections. (1) S
1118-UBJECT TO THE LIMITATIONS IN THIS
1119-PAGE 21-SENATE BILL 23-290 ARTICLE 170 AND ARTICLE 50 OF TITLE 44, BUT NOTWITHSTANDING ANY
1120-OTHER PROVISION OF LAW
1121-:
1020+UBJECT TO THE LIMITATIONS IN18
1021+THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44, BUT NOTWITHSTANDING19
1022+ANY OTHER PROVISION OF LAW:20
11221023 (a) A
1123-CTIONS AND CONDUCT PERMITTED PURSUANT TO A LICENSE ,
1124-REGISTRATION, PERMIT, OR CERTIFICATE ISSUED BY THE DIRECTOR
1125-PURSUANT TO THIS ARTICLE
1126-170, OR BY THOSE WHO ALLOW PROPERTY TO BE
1127-USED PURSUANT TO A LICENSE
1128-, REGISTRATION, PERMIT, OR CERTIFICATE
1129-ISSUED BY THE DIRECTOR PURSUANT TO THIS ARTICLE
1130-170, ARE LAWFUL AND
1131-ARE NOT AN OFFENSE UNDER STATE LAW
1132-, OR THE LAWS OF ANY LOCAL
1133-JURISDICTION WITHIN THIS STATE
1134-; ARE NOT SUBJECT TO A CIVIL FINE ,
1135-PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION , SEARCH, OR
1136-ARREST
1137-; AND ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE , OR TO
1138-SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR THE LAWS OF ANY LOCAL
1139-JURISDICTION WITHIN THIS STATE
1140-.
1024+CTIONS AND CONDUCT PERMITTED PURSUANT TO A LICENSE ,21
1025+REGISTRATION, PERMIT, OR CERTIFICATE ISSUED BY THE DIRECTOR22
1026+PURSUANT TO THIS ARTICLE 170, OR BY THOSE WHO ALLOW PROPERTY TO23
1027+BE USED PURSUANT TO A LICENSE, REGISTRATION, PERMIT, OR CERTIFICATE24
1028+ISSUED BY THE DIRECTOR PURSUANT TO THIS ARTICLE 170, ARE LAWFUL25
1029+AND ARE NOT AN OFFENSE UNDER STATE LAW , OR THE LAWS OF ANY LOCAL26
1030+JURISDICTION WITHIN THIS STATE; ARE NOT SUBJECT TO A CIVIL FINE,27
1031+290
1032+-29- PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION, SEARCH, OR1
1033+ARREST; AND ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE , OR TO2
1034+SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR THE LAWS OF ANY LOCAL3
1035+JURISDICTION WITHIN THIS STATE.4
11411036 (b) A
1142- CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT
1143-NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
1144-, AS ALLOWED
1145-PURSUANT TO THIS ARTICLE
1146-170, IS PROHIBITED BY FEDERAL LAW;
1037+ CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT5
1038+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , AS ALLOWED6
1039+PURSUANT TO THIS ARTICLE 170, IS PROHIBITED BY FEDERAL LAW;7
11471040 (c) M
1148-ENTAL HEALTH CARE , SUBSTANCE USE DISORDER
1149-INTERVENTION SERVICES
1150-, OR BEHAVIORAL HEALTH SERVICES OTHERWISE
1151-COVERED PURSUANT TO THE
1152-"COLORADO MEDICAL ASSISTANCE ACT",
1153-ARTICLES 4 TO 6 OF TITLE 25.5, MUST NOT BE DENIED ON THE BASIS THAT
1154-THEY ARE COVERED IN CONJUNCTION WITH NATURAL MEDICINE SERVICES
1155-,
1156-OR THAT NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT ARE
1157-PROHIBITED BY FEDERAL LAW
1158-. INSURANCE OR AN INSURANCE PROVIDER IS
1159-NOT REQUIRED TO COVER THE COST OF NATURAL MEDICINE OR NATURAL
1160-MEDICINE PRODUCT
1161-.
1041+ENTAL HEALTH CARE , SUBSTANCE USE DISORDER8
1042+INTERVENTION SERVICES, OR BEHAVIORAL HEALTH SERVICES OTHERWISE9
1043+COVERED PURSUANT TO THE "COLORADO MEDICAL ASSISTANCE ACT",10
1044+ARTICLES 4 TO 6 OF TITLE 25.5, MUST NOT BE DENIED ON THE BASIS THAT11
1045+THEY ARE COVERED IN CONJUNCTION WITH NATURAL MEDICINE SERVICES ,12
1046+OR THAT NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT ARE13
1047+PROHIBITED BY FEDERAL LAW. INSURANCE OR AN INSURANCE PROVIDER14
1048+IS NOT REQUIRED TO COVER THE COST OF NATURAL MEDICINE OR NATURAL15
1049+MEDICINE PRODUCT.16
11621050 (d) N
1163-OTHING IN THIS SECTION MAY BE CONSTRUED OR INTERPRETED
1164-TO PREVENT THE DIRECTOR FROM ENFORCING RULES PROMULGATED BY THE
1165-DIRECTOR AGAINST A LICENSEE
1166-, REGISTRANT, PERMITTEE, OR CERTIFICATE
1167-HOLDER OR LIMIT A STATE OR LOCAL LAW ENFORCEMENT AGENCY
1168-'S ABILITY
1169-TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO A LICENSEE
1170-,
1171-REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER.
1051+OTHING IN THIS SECTION MAY BE CONSTRUED OR17
1052+INTERPRETED TO PREVENT THE DIRECTOR FROM ENFORCING RULES18
1053+PROMULGATED BY THE DIRECTOR AGAINST A LICENSEE , REGISTRANT,19
1054+PERMITTEE, OR CERTIFICATE HOLDER OR LIMIT A STATE OR LOCAL LAW20
1055+ENFORCEMENT AGENCY 'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY21
1056+IN RELATION TO A LICENSEE, REGISTRANT, PERMITTEE, OR CERTIFICATE22
1057+HOLDER.23
11721058 (2) A
1173- PROFESSIONAL OR OCCUPATIONAL LICENSE , REGISTRATION,
1174-PERMIT, OR CERTIFICATE HOLDER IS NOT SUBJECT TO PROFESSIONAL
1175-DISCIPLINE OR LOSS OF A PROFESSIONAL OR OCCUPATIONAL LICENSE
1176-,
1177-REGISTRATION, PERMIT, OR CERTIFICATE FOR PROVIDING ADVICE OR
1178-PAGE 22-SENATE BILL 23-290 SERVICES ARISING OUT OF OR RELATED TO A NATURAL MEDICINE LICENSE ,
1179-REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE
1180-170 OR ARTICLE 50 OF TITLE 44 OR APPLICATION FOR LICENSE ,
1181-REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE
1182-170 OR ARTICLE 50 OF TITLE 44 ON THE BASIS THAT NATURAL MEDICINE AND
1183-NATURAL MEDICINE PRODUCT ARE PROHIBITED BY FEDERAL LAW
1184-, OR FOR
1185-PERSONAL USE OF NATURAL MEDICINE OR NATURAL MEDICINE ALLOWED
1186-PURSUANT TO THIS ARTICLE
1187-170. THIS ARTICLE 170 DOES NOT AUTHORIZE AN
1188-INDIVIDUAL TO ENGAGE IN CONDUCT THAT IN THE COURSE OF PRACTICING
1189-UNDER THE INDIVIDUAL
1190-'S LICENSE, REGISTRATION, PERMIT, OR CERTIFICATE
1191-WOULD VIOLATE STANDARDS OF CARE OR SCOPE OF PRACTICE OF THE
1192-INDIVIDUAL
1193-'S PROFESSION OR OCCUPATION AS REQUIRED BY ANY PROVISION
1194-OF LAW OR RULE
1195-.
1196-SECTION 13. In Colorado Revised Statutes, repeal and reenact,
1197-with amendments, 12-170-114 as follows:
1059+ PROFESSIONAL OR OCCUPATIONAL LICENSE , REGISTRATION,24
1060+PERMIT, OR CERTIFICATE HOLDER IS NOT SUBJECT TO PROFESSIONAL25
1061+DISCIPLINE OR LOSS OF A PROFESSIONAL OR OCCUPATIONAL LICENSE ,26
1062+REGISTRATION, PERMIT, OR CERTIFICATE FOR PROVIDING ADVICE OR27
1063+290
1064+-30- SERVICES ARISING OUT OF OR RELATED TO A NATURAL MEDICINE LICENSE ,1
1065+REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS2
1066+ARTICLE 170 OR ARTICLE 50 OF TITLE 44 OR APPLICATION FOR LICENSE,3
1067+REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS4
1068+ARTICLE 170 OR ARTICLE 50 OF TITLE 44 ON THE BASIS THAT NATURAL5
1069+MEDICINE AND NATURAL MEDICINE PR ODUCT ARE PROHIBITED BY FEDERAL6
1070+LAW, OR FOR PERSONAL USE OF NATURAL MEDICINE OR NATURAL7
1071+MEDICINE ALLOWED PURSUANT TO THIS ARTICLE 170. THIS ARTICLE 1708
1072+DOES NOT AUTHORIZE AN INDIVIDUAL TO ENGAGE IN CONDUCT THAT IN9
1073+THE COURSE OF PRACTICING UNDER THE INDIVIDUAL 'S LICENSE,10
1074+REGISTRATION, PERMIT, OR CERTIFICATE WOULD VIOLATE STANDARDS OF11
1075+CARE OR SCOPE OF PRACTICE OF THE INDIVIDUAL 'S PROFESSION OR12
1076+OCCUPATION AS REQUIRED BY ANY PROVISION OF LAW OR RULE .13
1077+SECTION 13. In Colorado Revised Statutes, repeal and reenact,14
1078+with amendments, 12-170-114 as follows:15
11981079 12-170-114. Liberal construction. T
1199-HIS ARTICLE 170 MUST BE
1200-LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE
1201-.
1202-SECTION 14. In Colorado Revised Statutes, repeal and reenact,
1203-with amendments, 12-170-115 as follows:
1080+HIS ARTICLE 170 MUST BE16
1081+LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE .17
1082+SECTION 14. In Colorado Revised Statutes, repeal and reenact,18
1083+with amendments, 12-170-115 as follows:19
12041084 12-170-115. Preemption. A
1205- LOCAL JURISDICTION SHALL NOT ADOPT,
1206-ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION THAT IS
1207-OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE
1208-170.
1209-SECTION 15. In Colorado Revised Statutes, add 12-170-116 as
1210-follows:
1211-12-170-116. Self-executing, severability, conflicting provisions.
1085+ LOCAL JURISDICTION SHALL NOT20
1086+ADOPT, ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION THAT21
1087+IS OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE 170.22
1088+SECTION 15. In Colorado Revised Statutes, add 12-170-116 as23
1089+follows:24
1090+12-170-116. Self-executing, severability, conflicting provisions.25
12121091 A
1213-LL PROVISIONS OF THIS ARTICLE 170 ARE SELF-EXECUTING EXCEPT AS
1214-SPECIFIED HEREIN
1215-, ARE SEVERABLE, AND, EXCEPT WHEN OTHERWISE
1216-INDICATED
1217-, SHALL SUPERSEDE CONFLICTING STATE STATUTORY , LOCAL
1218-CHARTER
1219-, ORDINANCE, OR RESOLUTION PROVISIONS, AND OTHER STATE AND
1220-LOCAL PROVISIONS
1221-. IF ANY PROVISION OF THIS ARTICLE 170 OR ITS
1222-APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID
1223-, THE
1224-INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
1225-ARTICLE
1226-170 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION
1227-OR APPLICATION
1228-, AND TO THIS END THE PROVISIONS OF THIS ARTICLE 170
1229-PAGE 23-SENATE BILL 23-290 ARE SEVERABLE.
1230-SECTION 16. In Colorado Revised Statutes, add 12-170-117 as
1231-follows:
1092+LL PROVISIONS OF THIS ARTICLE 170 ARE SELF-EXECUTING EXCEPT AS26
1093+SPECIFIED HEREIN, ARE SEVERABLE, AND, EXCEPT WHEN OTHERWISE27
1094+290
1095+-31- INDICATED, SHALL SUPERSEDE CONFLICTING STATE STATUTORY , LOCAL1
1096+CHARTER, ORDINANCE, OR RESOLUTION PROVISIONS, AND OTHER STATE2
1097+AND LOCAL PROVISIONS. IF ANY PROVISION OF THIS ARTICLE 170 OR ITS3
1098+APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID , THE4
1099+INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF5
1100+THIS ARTICLE 170 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID6
1101+PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS7
1102+ARTICLE 170 ARE SEVERABLE.8
1103+SECTION 16. In Colorado Revised Statutes, add 12-170-117 as9
1104+follows:10
12321105 12-170-117. Repeal of article - review of functions. T
1233-HIS ARTICLE
1234-170 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032. BEFORE THE REPEAL, THIS
1235-ARTICLE
1236-170 IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION
1237-24-34-104.
1238-SECTION 17. In Colorado Revised Statutes, 12-20-407, amend
1239-(1)(a)(V)(V) and (1)(a)(V)(W); and add (1)(a)(V)(X) as follows:
1240-12-20-407. Unauthorized practice of profession or occupation -
1241-penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor
1242-and shall be punished as provided in section 18-1.3-501 if the person:
1243-(V) Practices or offers or attempts to practice any of the following
1244-professions or occupations without an active license, certification, or
1245-registration issued under the part or article of this title 12 governing the
1246-particular profession or occupation:
1247-(V) Respiratory therapy, as regulated under article 300 of this title
1248-12; or(W) Veterinary medicine or as a veterinary technician, as regulated
1249-under article 315 of this title 12;
1250-OR
1251-(X) FACILITATING NATURAL MEDICINE SERVICES , AS REGULATED
1252-UNDER ARTICLE
1253-170 OF THIS TITLE 12.
1254-SECTION 18. In Colorado Revised Statutes, 24-1-117, amend
1255-(4)(a)(X) and (4)(a)(XI); and add (4)(a)(XII) as follows:
1256-24-1-117. Department of revenue - creation. (4) (a) The
1257-department of revenue consists of the following divisions:
1258-(X) The auto industry division, created in section 44-20-105. The
1259-division is a type 2 entity, as defined in section 24-1-105, and exercises its
1260-powers and performs its duties and functions under the department of
1261-PAGE 24-SENATE BILL 23-290 revenue; and
1262-(XI) The state licensing authority created in section 44-10-201; AND
1263-(XII) THE NATURAL MEDICINE DIVISION , CREATED IN SECTION
1264-44-50-201, WHICH IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105.
1265-SECTION 19. In Colorado Revised Statutes, 24-34-104, add
1266-(33)(a)(VII) and (33)(a)(VIII) as follows:
1267-24-34-104. General assembly review of regulatory agencies and
1268-functions for repeal, continuation, or reestablishment - legislative
1269-declaration - repeal. (33) (a) The following agencies, functions, or both,
1270-are scheduled for repeal on September 1, 2032:
1271-(VII) T
1272-HE "NATURAL MEDICINE HEALTH ACT OF 2022", ARTICLE
1273-170 OF TITLE 12;
1274-(VIII) T
1275-HE "COLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF
1276-TITLE
1277-44.
1278-SECTION 20. In Colorado Revised Statutes, add 25-1.5-120 as
1279-follows:
1280-25-1.5-120. Natural medicine testing and standards - rules.
1106+HIS11
1107+ARTICLE 170 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032. BEFORE THE12
1108+REPEAL, THIS ARTICLE 170 IS SCHEDULED FOR REVIEW IN ACCORDANCE13
1109+WITH SECTION 24-34-104.14
1110+SECTION 17. In Colorado Revised Statutes, 12-20-407, amend15
1111+(1)(a)(V)(V) and (1)(a)(V)(W); and add (1)(a)(V)(X) as follows:16
1112+12-20-407. Unauthorized practice of profession or occupation17
1113+- penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor18
1114+and shall be punished as provided in section 18-1.3-501 if the person:19
1115+(V) Practices or offers or attempts to practice any of the following20
1116+professions or occupations without an active license, certification, or21
1117+registration issued under the part or article of this title 12 governing the22
1118+particular profession or occupation:23
1119+(V) Respiratory therapy, as regulated under article 300 of this title24
1120+12; or
1121+25
1122+(W) Veterinary medicine or as a veterinary technician, as26
1123+regulated under article 315 of this title 12;
1124+OR27
1125+290
1126+-32- (X) FACILITATING NATURAL MEDICINE SERVICES , AS REGULATED1
1127+UNDER ARTICLE 170 OF THIS TITLE 12.2
1128+SECTION 18. In Colorado Revised Statutes, 24-1-117, amend3
1129+(4)(a)(X) and (4)(a)(XI); and add (4)(a)(XII) as follows:4
1130+24-1-117. Department of revenue - creation. (4) (a) The5
1131+department of revenue consists of the following divisions:6
1132+(X) The auto industry division, created in section 44-20-105. The7
1133+division is a type 2 entity, as defined in section 24-1-105, and exercises8
1134+its powers and performs its duties and functions under the department of9
1135+revenue; and10
1136+(XI) The state licensing authority created in section 44-10-201;11
1137+AND12
1138+(XII) T
1139+HE NATURAL MEDICINE DIVISION , CREATED IN SECTION13
1140+44-50-201,
1141+ WHICH IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105.14
1142+SECTION 19. In Colorado Revised Statutes, 24-34-104, add15
1143+(33)(a)(IV) and (33)(a)(V) as follows:16
1144+24-34-104. General assembly review of regulatory agencies17
1145+and functions for repeal, continuation, or reestablishment - legislative18
1146+declaration - repeal. (33) (a) The following agencies, functions, or both,19
1147+are scheduled for repeal on September 1, 2032:20
1148+(IV) T
1149+HE "NATURAL MEDICINE HEALTH ACT OF 2022", ARTICLE21
1150+170
1151+ OF TITLE 12;22
1152+(V) T
1153+HE "COLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF23
1154+TITLE 44.24
1155+SECTION 20. In Colorado Revised Statutes, add 25-1.5-120 as25
1156+follows:26
1157+25-1.5-120. Natural medicine testing and standards - rules.27
1158+290
1159+-33- (1) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN1
1160+COORDINATION WITH THE DEPARTMENT OF REVENUE , TO ENSURE2
1161+CONSISTENCY BETWEEN RULES , SHALL PROMULGATE RULES CONCERNING3
1162+TESTING STANDARDS AND CERTIFICATION REQUIREMENTS OF NATURAL4
1163+MEDICINE AND NATURAL MEDICINE PRODUCT REGULATED BY THE5
1164+DEPARTMENT OF REVENUE PURSUANT TO ARTICLE 50 OF TITLE 44.6
1165+(2) A
1166+T A MINIMUM, THE RULES MUST:7
1167+(a) E
1168+STABLISH NATURAL MEDICINE AND NATURAL MEDICINE8
1169+PRODUCT TESTING STANDARDS AND CERTIFICATION REQUIREMENTS ;9
1170+(b) E
1171+STABLISH A NATURAL MEDICINE INDEPENDENT TESTING AND10
1172+CERTIFICATION PROGRAM FOR LICENSEES PURSUANT TO ARTICLE 50 OF11
1173+TITLE 44, WITHIN AN IMPLEMENTATION TIME FRAME ESTABLISHED BY THE12
1174+DEPARTMENT OF REVENUE , REQUIRING LICENSEES TO TEST NATURAL13
1175+MEDICINE AND NATURAL MEDICINE PRODUCT TO ENSURE , AT A MINIMUM,14
1176+THAT PRODUCTS TRANSFERRED FOR HUMAN CONSUMPTION BY NATURAL15
1177+PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLE 50 OF TITLE 44 DO16
1178+NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS TO HEALTH AND TO17
1179+ENSURE CORRECT LABELING;18
1180+(c) E
1181+STABLISH PROCEDURES THAT ENSURE NATURAL MEDICINE19
1182+AND NATURAL MEDICINE PRODUCT ARE QUARANTINED AND NOTIFICATION20
1183+PROCEDURES IF TEST RESULTS INDICATE THE PRESENCE OF QUANTITIES OF21
1184+ANY SUBSTANCE DETERMINED TO BE INJURIOUS TO HEALTH ;22
1185+(d) E
1186+NSURE THAT TESTING VERIFIES CONCENTRATION23
1187+REPRESENTATIONS AND HOMOGENEITY FOR CORRECT LABELING ;24
1188+(e) E
1189+STABLISH AN ACCEPTABLE VARIANCE FOR CONCENTRATION25
1190+REPRESENTATIONS AND PROCEDURES TO ADDRESS CONCENTRATION26
1191+MISREPRESENTATIONS; AND27
1192+290
1193+-34- (f) ESTABLISH THE PROTOCOLS AND FREQUENCY OF NATURAL1
1194+MEDICINE TESTING BY LICENSEES.2
1195+SECTION 21. In Colorado Revised Statutes, add article 50 to3
1196+title 44 as follows:4
1197+ARTICLE 505
1198+Natural Medicine6
1199+PART 17
1200+COLORADO NATURAL MEDICINE CODE8
1201+44-50-101. Short title. T
1202+HE SHORT TITLE OF THIS ARTICLE 50 IS9
1203+THE "COLORADO NATURAL MEDICINE CODE".10
1204+44-50-102. Legislative declaration. (1) T
1205+HE GENERAL ASSEMBLY11
1206+FINDS AND DECLARES THAT:12
1207+(a) T
1208+HE PEOPLE OF COLORADO APPROVED STATUTORY MEASURES13
1209+THAT, IN PART, INTENDED TO ENSURE THAT PEOPLE IN COLORADO HAVE14
1210+ACCESS TO REGULATED NATURAL MEDICINE AND REGULATED NATURAL15
1211+MEDICINE PRODUCT;16
1212+(b) T
1213+HE DEPARTMENT IS UNIQUELY SUITED TO REGULATE THE17
1214+CULTIVATION, MANUFACTURING , TESTING, STORING, DISTRIBUTION,18
1215+TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED19
1216+NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT20
1217+BECAUSE OF ITS EXPERIENCE AND EXISTING RESOURCES IN REGULATING21
1218+ALCOHOL, TOBACCO, AND MARIJUANA; AND22
1219+(c) I
1220+T IS NECESSARY TO ENTRUST THE REGULATION OF THE23
1221+CULTIVATION, MANUFACTURING , TESTING, STORING, DISTRIBUTION,24
1222+TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED25
1223+NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT TO26
1224+THE DEPARTMENT IN ORDER TO IMPLEMENT THE REGULATORY MEASURES27
1225+290
1226+-35- IN A MANNER THAT HONORS THE INTENT OF THE PEOPLE , PROMOTES PUBLIC1
1227+TRUST, SUPPORTS THE INTEGRITY AND SUSTAINABILITY OF THE2
1228+REGULATORY MEASURES , AND ENSURES REGULATORY EFFICIENCY .3
1229+(2)
1230+ THE GENERAL ASSEMBLY DECLARES THAT THIS ARTICLE 50 IS4
1231+DEEMED AN EXERCISE OF THE POLICE POWERS OF THE STATE FOR THE5
1232+PROTECTION OF THE ECONOMIC AND SOCIAL WELFARE AND THE HEALTH ,6
1233+PEACE, AND MORALS OF THE PEOPLE OF THIS STATE.7
1234+(3) T
1235+HE GENERAL ASSEMBLY DECLARES THAT IT IS UNLAWFUL8
1236+UNDER STATE LAW TO CULTIVATE , MANUFACTURE, TEST, STORE,9
1237+DISTRIBUTE, TRANSPORT, TRANSFER, AND DISPENSE NATURAL MEDICINE10
1238+OR NATURAL MEDICINE PRODUCT , EXCEPT IN COMPLIANCE WITH THE11
1239+TERMS, CONDITIONS, LIMITATIONS, AND RESTRICTIONS IN THIS ARTICLE 50;12
1240+RULES PROMULGATED PURSUANT TO THIS ARTICLE 50; ARTICLE 170 OF13
1241+TITLE 12; RULES PROMULGATED PURSUANT TO ARTICLE 170 OF TITLE 12;14
1242+ARTICLE 1.5 OF TITLE 25; RULES PROMULGATED PURSUANT TO ARTICLE 1.515
1243+OF TITLE 25; TITLE 16; AND TITLE 18.16
1244+44-50-103. Definitions. A
1245+S USED IN THIS ARTICLE 50, UNLESS THE17
1246+CONTEXT OTHERWISE REQUIRES :18
1247+(1) "A
1248+DMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT19
1249+A HEALING CENTER, OR OTHER LOCATION IF PERMITTED BY THIS ARTICLE20
1250+50
1251+ OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50, DURING21
1252+WHICH A PARTICIPANT CONSUMES AND EXPERIENCES THE EFFECTS OF22
1253+NATURAL MEDICINE UNDER THE SUPERVISION OF A FACILITATOR .23
1254+(2) "B
1255+OARD" MEANS THE STATE NATURAL MEDICINE ADVISORY24
1256+BOARD CREATED IN SECTION 12-170-106.25
1257+(3) "D
1258+IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF26
1259+PROFESSIONS AND OCCUPATIONS OR THE DIRECTOR 'S DESIGNEE.27
1260+290
1261+-36- (4) "DIVISION" MEANS THE DIVISION OF PROFESSIONS AND1
1262+OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION2
1263+12-20-103.3
1264+(5) "F
1265+ACILITATOR" MEANS A NATURAL PERSON WHO IS4
1266+TWENTY-ONE YEARS OF AGE OR OLDER , HAS THE NECESSARY5
1267+QUALIFICATIONS, TRAINING, EXPERIENCE, AND KNOWLEDGE TO PERFORM6
1268+AND SUPERVISE NATURAL MEDICINE SERVICES FOR A PARTICIPANT , AND IS7
1269+LICENSED BY THE DIRECTOR TO ENGAGE IN THE PRACTICE OF8
1270+FACILITATION.9
1271+(6) "H
1272+EALING CENTER" MEANS
1273+A FACILITY WHERE AN ENTITY IS10
1274+LICENSED BY THE STATE LICENSING AUTHORITY THAT PERMITS A11
1275+FACILITATOR TO PROVIDE AND SUPERVISE NATURAL MEDICINE SERVICES12
1276+FOR A PARTICIPANT.13
1277+(7) "H
1278+EALTH-CARE FACILITY" MEANS AN ENTITY THAT IS14
1279+LICENSED, CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER15
1280+MEDICAL TREATMENT IN THIS STATE , INCLUDING A HOSPITAL, HOSPICE16
1281+FACILITY, COMMUNITY MENTAL HEALTH CENTER , FEDERALLY QUALIFIED17
1282+HEALTH CENTER, RURAL HEALTH CLINIC, ORGANIZATION PROVIDING A18
1283+PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY, LONG-TERM CARE19
1284+FACILITY, CONTINUING CARE RETIREMENT COMMUNITY , OR OTHER TYPE OF20
1285+ENTITY WHERE HEALTH CARE IS PROVIDED .21
1286+(8) "I
1287+NTEGRATION SESSION" MEANS A MEETING BETWEEN A22
1288+PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF23
1289+AN ADMINISTRATION SESSION.24
1290+(9) "L
1291+ICENSE" MEANS TO GRANT A LICENSE , PERMIT, OR25
1292+REGISTRATION PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED26
1293+PURSUANT TO THIS ARTICLE 50.27
1294+290
1295+-37- (10) "LICENSED PREMISES" MEANS THE PREMISES SPECIFIED IN AN1
1296+APPLICATION FOR A LICENSE PURSUANT TO THIS ARTICLE 50 THAT THE2
1297+LICENSEE OWNS OR IS IN POSSESSION OF AND WITHIN WHICH THE LICENSEE3
1298+IS AUTHORIZED TO CULTIVATE, MANUFACTURE, TEST, STORE, DISTRIBUTE,4
1299+TRANSPORT, TRANSFER, OR DISPENSE NATURAL MEDICINE OR NATURAL5
1300+MEDICINE PRODUCT IN ACCORDANCE WITH THIS ARTICLE 50.6
1301+(11) "L
1302+ICENSEE" MEANS A PERSON LICENSED , REGISTERED, OR7
1303+PERMITTED PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED8
1304+PURSUANT TO THIS ARTICLE 50.9
1305+(12) "L
1306+OCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR10
1307+CITY AND COUNTY.11
1308+(13) (a) "N
1309+ATURAL MEDICINE" MEANS THE FOLLOWING12
1310+SUBSTANCES:13
1311+(I) P
1312+SILOCYBIN; OR14
1313+(II) P
1314+SILOCYN.15
1315+(b) I
1316+N ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION16
1317+(13)(a)
1318+OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:17
1319+(I) D
1320+IMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND18
1321+APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE19
1322+LICENSING AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026;20
1323+(II) I
1324+BOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED21
1325+BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING22
1326+AUTHORITY FOR INCLUSION; OR23
1327+(III) M
1328+ESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED24
1329+BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING25
1330+AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026.26
1331+(c) "N
1332+ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR27
1333+290
1334+-38- SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS (13)(a)1
1335+AND (13)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY2
1336+OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING3
1337+CHEMICAL SYNTHESIS , CHEMICAL MODIFICATION , OR CHEMICAL4
1338+CONVERSION.5
1339+(d) N
1340+OTWITHSTANDING SUBSECTION (13)(b)(III) OF THIS SECTION, 6
1341+"
1342+MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE7
1343+PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE ,8
1344+WHETHER GROWING OR NOT ; ITS SEEDS; ANY EXTRACT FROM ANY PART OF9
1345+THE PLANT, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR10
1346+PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS.11
1347+(14) "N
1348+ATURAL MEDICINE BUSINESS " MEANS ANY OF THE12
1349+FOLLOWING ENTITIES LICENSED PURSUANT TO THIS ARTICLE 50: A13
1350+NATURAL MEDICINE HEALING CENTER , A NATURAL MEDICINE CULTIVATION14
1351+FACILITY, A NATURAL MEDICINE PRODUCTS MANUFACTURER , OR A15
1352+NATURAL MEDICINE TESTING FACILITY , OR ANOTHER LICENSED ENTITY16
1353+CREATED BY THE STATE LICENSING AUTHORITY .17
1354+(15) "N
1355+ATURAL MEDICINE PRODUCT" MEANS A PRODUCT INFUSED18
1356+WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .19
1357+(16) "N
1358+ATURAL MEDICINE SERVICES " MEANS A PREPARATION20
1359+SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED21
1360+PURSUANT TO ARTICLE 170 OF TITLE 12.22
1361+(17) "P
1362+ARTICIPANT" MEANS A PERSON WHO IS TWENTY-ONE YEARS23
1363+OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE SERVICES24
1364+PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR .25
1365+(18) "P
1366+ERSON" MEANS A NATURAL PERSON OR AN ENTITY .26
1367+(19) "P
1368+REPARATION SESSION" MEANS A MEETING BETWEEN A27
1369+290
1370+-39- PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE THE START OF AN1
1371+ADMINISTRATION SESSION. "PREPARATION SESSION" DOES NOT MEAN AN2
1372+INITIAL CONSULTATION OR AN INQUIRY RESPONSE ABOUT NATURAL3
1373+MEDICINE SERVICES.4
1374+(20) "P
1375+RINCIPLE FILE" MEANS A FILE THAT IS ESTABLISHED BY THE5
1376+STATE LICENSING AUTHORITY AND CONTAINS LICENSING AND6
1377+BACKGROUND INFORMATION FOR AN APPLICANT SEEKING LICENSES7
1378+PURSUANT TO THIS ARTICLE 50.8
1379+(21) "R
1380+EGULATED NATURAL MEDICINE " MEANS NATURAL9
1381+MEDICINE THAT IS CULTIVATED , MANUFACTURED, TESTED, STORED,10
1382+DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO11
1383+THIS ARTICLE 50.12
1384+(22) "R
1385+EGULATED NATURAL MEDICINE PRODUCT " MEANS NATURAL13
1386+MEDICINE PRODUCT THAT IS CULTIVATED , MANUFACTURED, TESTED,14
1387+STORED, DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED15
1388+PURSUANT TO THIS ARTICLE 50.16
1389+(23) "R
1390+EMUNERATION" MEANS ANYTHING OF VALUE, INCLUDING17
1391+MONEY, REAL PROPERTY , TANGIBLE AND INTANGIBLE PERSONAL18
1392+PROPERTY, CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT19
1393+OF USE OR EMPLOYMENT OR PR OMISE OR AGREEMENT CONNECTED20
1394+THEREWITH, BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
1395+21
1396+(24) "S
1397+TATE LICENSING AUTHORITY " MEANS THE AUTHORITY22
1398+CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE23
1399+LICENSING OF THE CULTIVATION, MANUFACTURING, TESTING, STORAGE,24
1400+DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF25
1401+REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE26
1402+PRODUCT IN THIS STATE PURSUANT TO SECTION 44-50-201.27
1403+290
1404+-40- (25) "TRANSFER" MEANS TO GRANT, CONVEY, HAND OVER, ASSIGN,1
1405+SELL, EXCHANGE, DONATE, OR BARTER, IN ANY MANNER AND BY ANY2
1406+MEANS, WITH OR WITHOUT REMUNERATION .3
1407+44-50-104. Applicability. (1) A
1408+LL BUSINESSES, FOR THE PURPOSE4
1409+OF CULTIVATION, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,5
1410+TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL6
1411+MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT , AS DEFINED IN7
1412+THIS ARTICLE 50, ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS8
1413+ARTICLE 50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.9
1414+(2) A
1415+ PERSON APPLYING FOR LICENSURE PURSUANT TO THIS10
1416+ARTICLE 50 MUST COMPLETE FORMS AS PROVIDED BY THE STATE11
1417+LICENSING AUTHORITY AND MUST PAY THE APPLICATION FEE AND THE12
1418+LICENSING FEE, WHICH MUST BE CREDITED TO THE REGULATED NATURAL13
1419+MEDICINE DIVISION CASH FUND ESTABLISHED PURSUANT TO SECTION14
1420+44-50-601.
1421+ THE STATE LICENSING AUTHORITY SHALL PRIORITIZE15
1422+REVIEWING APPLICATIONS FROM APPLICANTS WHO HAVE ESTABLISHED16
1423+RESIDENCY IN COLORADO.17
1424+(3) T
1425+HIS ARTICLE 50 SETS FORTH THE EXCLUSIVE MEANS THAT18
1426+CULTIVATION, MANUFACTURING , TESTING, STORAGE, DISTRIBUTION,19
1427+TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL20
1428+MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT MAY OCCUR IN21
1429+THIS STATE.22
1430+(4) (a) N
1431+OTHING IN THIS ARTICLE 50 IS INTENDED TO REQUIRE AN23
1432+EMPLOYER TO PERMIT OR ACCOMMODATE THE USE , CONSUMPTION,24
1433+POSSESSION, CULTIVATION, MANUFACTURING , TESTING, STORAGE,25
1434+DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF OR
1435+26
1436+IMPAIRMENT FROM NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT27
1437+290
1438+-41- IN THE WORKPLACE OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE1
1439+POLICIES RESTRICTING THE USE OF OR IMPAIRMENT FROM NATURAL2
1440+MEDICINE OR NATURAL MEDICINE PRODUCT BY EMPLOYEES IN THE3
1441+WORKPLACE.4
1442+(b) N
1443+OTHING IN THIS ARTICLE 50 PROHIBITS A PERSON, EMPLOYER,5
1444+SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION, OR ANY OTHER6
1445+ENTITY THAT OCCUPIES , OWNS, OR CONTROLS A PROPERTY FROM7
1446+PROHIBITING OR OTHERWISE REGULATING THE CULTIVATION ,8
1447+MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSPORT,9
1448+TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL10
1449+MEDICINE PRODUCT ON OR IN THAT PROPERTY .11
1450+(5) (a) A
1451+ LOCAL JURISDICTION MAY ENACT ORDINANCES OR12
1452+REGULATIONS GOVERNING THE TIME , PLACE, AND MANNER OF THE13
1453+OPERATION OF LICENSES ISSUED PURSUANT TO THIS ARTICLE 50 WITHIN ITS14
1454+BOUNDARIES.15
1455+(b) A
1456+ LOCAL JURISDICTION MAY NOT PROHIBIT THE16
1457+ESTABLISHMENT OR OPERATION OF LICENSES PURSUANT TO THIS ARTICLE17
1458+50
1459+ WITHIN ITS BOUNDARIES.18
1460+(c) A
1461+ LOCAL JURISDICTION MAY NOT PROHIBIT THE19
1462+TRANSPORTATION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT20
1463+WITHIN ITS BOUNDARIES ON PUBLIC ROADS BY A PERSON LICENSED TO21
1464+EXERCISE SUCH PRIVILEGES PURSUANT TO THIS ARTICLE 50.22
1465+(d) A
1466+ LOCAL JURISDICTION MAY NOT ADOPT ORDI NANCES OR23
1467+REGULATIONS THAT ARE UNREASONABLE OR CONFLICT WITH THIS ARTICLE24
1468+50.25
1469+PART 226
1470+STATE LICENSING AUTHORITY27
1471+290
1472+-42- 44-50-201. State licensing authority - creation. (1) F OR THE1
1473+PURPOSE OF REGULATING AND LICENSING THE CULTIVATION ,2
1474+MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSPORT,3
1475+TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL4
1476+MEDICINE PRODUCT BY AND BETWEEN NATURAL MEDICINE LICENSEES IN5
1477+THIS STATE, THERE IS CREATED THE STATE LICENSING AUTHORITY , WHICH6
1478+IS THE EXECUTIVE DIRECTOR , OR THE DIRECTOR OF THE NATURAL7
1479+MEDICINE DIVISION IF DESIGNATED BY THE EXECUTIVE DIRECTOR .8
1480+(2) T
1481+HE EXECUTIVE DIRECTOR IS THE CHIEF ADMINISTRATIVE9
1482+OFFICER OF THE STATE LICENSING AUTHORITY AND MAY EMPLOY ,10
1483+PURSUANT TO SECTION 13 OF ARTICLE XII OF THE STATE CONSTITUTION,11
1484+SUCH OFFICERS AND EMPLOYEES AS DETERMINED TO BE NECESSARY . THE12
1485+OFFICERS AND EMPLOYEES ARE A PART OF THE DEPARTMENT .13
1486+(3) T
1487+HE EXECUTIVE DIRECTOR OF THE STATE LICENSING14
1488+AUTHORITY OR A STATE LICENSING AUTHORITY EMPLOYEE WITH15
1489+REGULATORY OVERSIGHT RESPONSIBILITIES FOR THE NATURAL MEDICINE16
1490+LICENSEES THAT ARE LICENSED BY THE STATE LICENSING AUTHORITY17
1491+SHALL NOT WORK FOR, REPRESENT, PROVIDE CONSULTING SERVICES TO, OR18
1492+OTHERWISE DERIVE PECUNIARY GAIN FROM A NATURAL MEDICINE19
1493+LICENSEE THAT IS LICENSED BY THE STATE LICENSING AUTHORITY OR ANY20
1494+OTHER BUSINESS ESTABLISHED FOR THE PRIMARY PURPOSE OF PROVIDING21
1495+SERVICES TO THE NATURAL MEDICINE INDUSTRY FOR A PERIOD OF SIX22
1496+MONTHS AFTER THE EMPLOYEE 'S LAST DAY OF EMPLOYMENT WITH THE23
1497+STATE LICENSING AUTHORITY.24
1498+44-50-202. Powers and duties of state licensing authority -25
1499+report. (1) T
1500+HE STATE LICENSING AUTHORITY SHALL :26
1501+(a) B
1502+EGINNING ON OR BEFORE DECEMBER 31, 2024, GRANT OR27
1503+290
1504+-43- REFUSE STATE LICENSES FOR THE CULTIVATION , MANUFACTURING,1
1505+TESTING, STORAGE, DISTRIBUTION, TRANSPORT, TRANSFER, AND2
1506+DISPENSATION OF REGULATED NATURAL MEDICINE OR REGULATED3
1507+NATURAL MEDICINE PRODUCT; SUSPEND, FINE, RESTRICT, OR REVOKE SUCH4
1508+LICENSES, WHETHER ACTIVE , EXPIRED, OR SURRENDERED , UPON A5
1509+VIOLATION OF THIS ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO6
1510+THIS ARTICLE 50; AND IMPOSE ANY PENALTY AUTHORIZED BY THIS7
1511+ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50. THE8
1512+STATE LICENSING AUTHORITY MAY TAKE ANY ACTION WITH RESPECT TO A9
1513+REGISTRATION OR PERMIT PURSUANT TO THIS ARTICLE 50 AS IT MAY WITH10
1514+RESPECT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50, IN11
1515+ACCORDANCE WITH THE PROCEDURES ESTABLISHED PURSUANT TO THIS12
1516+ARTICLE 50.13
1517+(b) P
1518+ROMULGATE RULES FOR THE PROPER REGULATION AND14
1519+CONTROL OF THE CULTIVATION , MANUFACTURING, TESTING, STORAGE,15
1520+DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED16
1521+NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT AND17
1522+FOR THE ENFORCEMENT OF THIS ARTICLE 50 AND PROMULGATE AMENDED18
1523+RULES AND SUCH SPECIAL RULINGS AND FINDINGS AS NECESSARY ;19
1524+(c) C
1525+ONDUCT INVESTIGATIONS AND HEARINGS , GATHER EVIDENCE,20
1526+AND PURSUE DISCIPLINARY ACTIONS WITH RESPECT TO LICENSES WHEN21
1527+THE STATE LICENSING AUTHORITY HAS REASONABLE CAUSE TO BELIEVE22
1528+THAT A PERSON OR ENTITY IS VIOLATING THIS ARTICLE 50 OR A RULE23
1529+PROMULGATED PURSUANT TO THIS ARTICLE 50;24
1530+(d) (I) P
1531+ETITION A DISTRICT COURT FOR AN INVESTIGATIVE25
1532+SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED PURSUANT TO26
1533+THIS ARTICLE 50 TO OBTAIN DOCUMENTS OR INFORMATION NECESSARY TO27
1534+290
1535+-44- ENFORCE A PROVISION OF THIS ARTICLE 50 OR A RULE PROMULGATED1
1536+PURSUANT TO THIS ARTICLE 50 AFTER REASONABLE EFFORTS HAVE BEEN2
1537+MADE TO OBTAIN REQUESTED DOCUMENTS OR INFORMATION WITHOUT A3
1538+SUBPOENA;4
1539+(II) A
1540+PPLY TO ANY COURT OF COMPETENT JURISDICTION TO5
1541+TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE6
1542+ACT IN QUESTION OF A PERSON WHO IS NOT LICENSED PURSUANT TO THIS7
1543+ARTICLE 50 AND TO ENFORCE COMPLIANCE WITH THIS ARTICLE 50 OR A8
1544+RULE PROMULGATED PURSUANT TO THIS ARTICLE 50 WHENEVER IT9
1545+APPEARS TO THE DIRECTOR
1546+OF THE NATURAL MEDICINE DIVISION UPON10
1547+SUFFICIENT EVIDENCE SATISFACTORY TO THE DIRECTOR OF THE NATURAL11
1548+MEDICINE DIVISION THAT A PERSON HAS BEEN OR IS COMMITTING AN ACT12
1549+PROHIBITED BY THIS ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO13
1550+THIS ARTICLE 50, AND THE ACT:14
1551+(A) T
1552+HREATENS PUBLIC HEALTH OR SAFETY ; OR15
1553+(B) C
1554+ONSTITUTES AN UNLAWFUL ACT FOR WHICH THE PERSON16
1555+DOES NOT HOLD THE REQUIRED LICENSE PURSUANT TO THIS ARTICLE 50;17
1556+(e) H
1557+EAR AND DETERMINE AT A PUBLIC HEARING ANY CONTESTED18
1558+STATE LICENSE DENIAL AND ANY COMPLAINTS AGAINST A LICENSEE , AND19
1559+ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF20
1560+PERSONS AND THE PRODUCTION OF PAPERS , BOOKS, AND RECORDS21
1561+NECESSARY TO THE DETERMINATION OF ANY HEARING SO HELD , ALL IN22
1562+ACCORDANCE WITH ARTICLE 4 OF TITLE 24. THE STATE LICENSING23
1563+AUTHORITY MAY, IN ITS DISCRETION, DELEGATE TO THE DEPARTMENT 'S24
1564+HEARING OFFICERS THE AUTHORITY TO CONDUCT LICENSING ,25
1565+DISCIPLINARY, AND RULE-MAKING HEARINGS PURSUANT TO SECTION26
1566+24-4-105.
1567+ WHEN CONDUCTING THE HEARINGS, THE HEARING OFFICERS ARE27
1568+290
1569+-45- EMPLOYEES OF THE STATE LICENSING AUTHORITY UNDER THE DIRECTION1
1570+AND SUPERVISION OF THE EXECUTIVE DIRECTOR AND THE STATE LICENSING2
1571+AUTHORITY.3
1572+(f) D
1573+EVELOP FORMS, LICENSES, IDENTIFICATION CARDS, AND4
1574+APPLICATIONS AS NECESSARY OR CONVENIENT IN THE DISCRETION OF THE5
1575+STATE LICENSING AUTHORITY FOR THE ADMINISTRATION OF THIS ARTICLE6
1576+50
1577+ OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50;7
1578+(g) I
1579+N COORDINATION WITH THE DIVISION OF PROFESSIONS AND8
1580+OCCUPATIONS WITHIN THE DEPARTMENT OF REGULATORY AGENCIES9
1581+PURSUANT TO SECTION 12-170-105 (1)(j), ANNUALLY PUBLISH A PUBLICLY10
1582+AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND11
1583+ADMINISTRATION OF THIS ARTICLE 50 AND ARTICLE 170 OF TITLE 12. THE12
1584+REPORT MUST USE RELEVANT DATA , AS DETERMINED BY THE STATE13
1585+LICENSING AUTHORITY AND THE DIRECTOR , AND MUST NOT DISCLOSE THE14
1586+IDENTITY OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT15
1587+COULD DISCLOSE THE IDENTITY OF A PARTICIPANT .16
1588+(h) D
1589+EVELOP AND PROMOTE ACCURATE PUBLIC EDUCATION17
1590+CAMPAIGNS RELATED TO THE USE OF NATURAL MEDICINE OR NATURAL18
1591+MEDICINE PRODUCT, INCLUDING PUBLIC SERVICE ANNOUNCEMENTS ,19
1592+EDUCATIONAL MATERIALS , AND APPROPRIATE CRISIS RESPONSE20
1593+MATERIALS, AND DEVELOP AND PROMOTE TRAINING MATERIALS FOR FIRST21
1594+RESPONDERS AND MULTI-RESPONDERS, INCLUDING LAW ENFORCEMENT ,22
1595+EMERGENCY MEDICAL PROVIDERS , SOCIAL SERVICES PROVIDERS, AND FIRE23
1596+FIGHTERS.24
1597+(2) N
1598+OTHING IN THIS ARTICLE 50 DELEGATES TO THE STATE25
1599+LICENSING AUTHORITY THE POWER TO FIX PRICES FOR REGULATED26
1600+NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT .27
1601+290
1602+-46- (3) NOTHING IN THIS ARTICLE 50 LIMITS A LAW ENFORCEMENT1
1603+AGENCY'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO2
1604+A NATURAL MEDICINE LICENSEE. A LAW ENFORCEMENT AGENCY HAS THE3
1605+AUTHORITY TO RUN A COLORADO CRIME INFORMATION CENTER CRIMINAL4
1606+HISTORY RECORD CHECK OF A LICENSEE OR EMPLOYEE OF A LICENSEE5
1607+DURING AN INVESTIGATION OF UNLAWFUL ACTIVITY RELATED TO NATURAL6
1608+MEDICINE OR NATURAL MEDICINE PRODUCT .7
1609+(4) T
1610+HE STATE LICENSING AUTHORITY SHALL COORDINATE WITH8
1611+THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND9
1612+ENVIRONMENT CONCERNING THE ESTABLISHMENT OF STANDARDS FOR10
1613+LICENSING LABORATORIES PURSUANT TO THE REQUIREMENTS OUTLINED11
1614+IN SECTION 25-1.5-120 FOR REGULATED NATURAL MEDICINE AND12
1615+REGULATED NATURAL MEDICINE PRODUCT .13
1616+(5) T
1617+HE STATE LICENSING AUTHORITY SHALL, WHEN FINANCIALLY14
1618+FEASIBLE, ESTABLISH PROCEDURES, POLICIES, AND PROGRAMS TO ENSURE15
1619+THIS ARTICLE 50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE16
1620+50
1621+ ARE EQUITABLE AND INCLUSIVE , PROMOTE THE LICENSING ,17
1622+REGISTRATION, AND PERMITTING OF , AND PROVISION OF NATURAL18
1623+MEDICINE AND NATURAL MEDICINE PRODUCT TO , PERSONS FROM19
1624+COMMUNITIES THAT HAVE BEEN DISPROPORTIONATELY HARMED BY HIGH20
1625+RATES OF ARREST FOR CONTROLLED SUBSTANCES , PERSONS WHO FACE21
1626+BARRIERS TO HEALTH-CARE ACCESS, PERSONS WHO HAVE TRADITIONAL ,
1627+22
1628+TRIBAL, OR INDIGENOUS HISTORY WITH NATURAL MEDICINE OR NATURAL23
1629+MEDICINE PRODUCT, OR TO PERSONS WHO ARE VETERANS . THE STATE24
1630+LICENSING AUTHORITY MAY CONSULT THE BOARD WHEN CONSIDERING25
1631+PROCEDURES, POLICIES, AND PROGRAMS PURSUANT TO THIS SUBSECTION26
1632+(5).27
1633+290
1634+-47- (6) THE STATE LICENSING AUTHORITY HAS AUTHORITY TO COLLECT1
1635+AVAILABLE AND RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS2
1636+AND DUTIES NECESSARY TO ADMINISTER THIS ARTICLE 50.3
1637+(7) THE STATE LICENSING AUTHORITY, IN COORDINATION WITH4
1638+OTHER RELEVANT AGENCIES, SHALL REQUEST AVAILABLE AND RELEVANT5
1639+DATA CONCERNING LAW ENFORCEMENT INCIDENCES , ADVERSE HEALTH6
1640+EVENTS, IMPACTS TO HEALTH CARE SYSTEMS, CONSUMER PROTECTION7
1641+CLAIMS, AND BEHAVIORAL HEALTH IMPACTS RELATED TO NATURAL8
1642+MEDICINE, NATURAL MEDICINE PRODUCT, AND NATURAL MEDICINE9
1643+BUSINESSES. THE STATE LICENSING AUTHORITY SHALL INCLUDE THE10
1644+AVAILABLE AND RELEVANT DATA IN THE REPORT REQUIRED PURSUANT TO11
1645+SUBSECTION (1)(g) OF THIS SECTION.12
1646+(8) THE STATE LICENSING AUTHORITY SHALL PERFORM OTHER13
1647+FUNCTIONS AND DUTIES NECESSARY TO ADMINISTER THIS ARTICLE 50.14
1648+44-50-203. State licensing authority - rules - legislative15
1649+declaration. (1) Mandatory rule-making. R
1650+ULES PROMULGATED16
1651+PURSUANT TO SECTION 44-50-202 (1)(b) MUST INCLUDE THE FOLLOWING17
1652+SUBJECTS:18
1653+(a) P
1654+ROCEDURES AND REQUIREMENTS CONSISTENT WITH THIS19
1655+ARTICLE 50 FOR THE ISSUANCE, DENIAL, RENEWAL, REINSTATEMENT,20
1656+MODIFICATION, SUSPENSION, AND REVOCATION OF LICENSES;21
1657+(b) O
1658+VERSIGHT REQUIREMENTS FOR LICENSEES ;22
1659+(c) A
1660+ SCHEDULE OF APPLICATION, LICENSING, AND RENEWAL FEES23
1661+FOR LICENSES;24
1662+(d) Q
1663+UALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR25
1664+LICENSURE PURSUANT TO THIS ARTICLE 50, INCLUDING CONTINUING26
1665+ELIGIBILITY EXPECTATIONS, INCLUDING TIMELY PAYING TAXES OWED TO27
1666+290
1667+-48- THE DEPARTMENT OF REVENUE, TIMELY FILING TAX RETURNS, AND TIMELY1
1668+CURING ANY TAX DEFICIENCIES , AND AUTHORIZATION FOR THE2
1669+DEPARTMENT OF REVENUE TO HAVE ACCESS TO LICENSING INFORMATION3
1670+TO ENSURE TAX PAYMENT FOR THE EFFECTIVE ADMINISTRATION OF THIS4
1671+ARTICLE 50;5
1672+(e) P
1673+ERMISSIBLE AND PROHIBITED FINANCIAL INTERESTS IN A6
1674+LICENSE ISSUED PURSUANT TO THIS ARTICLE 50 OR A LICENSE ISSUED7
1675+PURSUANT TO ARTICLE 170 OF TITLE 12; EXCEPT THAT A PERSON MAY NOT8
1676+HAVE A FINANCIAL INTEREST IN MORE THAN FIVE
1677+ NATURAL MEDICINE9
1678+BUSINESS LICENSES;10
1679+(f) (I) E
1680+STABLISHMENT OF A NATURAL MEDICINE INDEPENDENT11
1681+TESTING AND CERTIFICATION PROGRAM FOR LICENSEES WITHIN AN12
1682+IMPLEMENTATION TIME FRAME ESTABLISHED BY THE DIVISION , REQUIRING13
1683+LICENSEES TO TEST REGULATED NATURAL MEDICINE AND REGULATED14
1684+NATURAL MEDICINE PRODUCT TO ENSURE , AT A MINIMUM , THAT15
1685+REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE16
1686+PRODUCT TRANSFERRED FOR HUMAN CONSUMPTION BY PERSONS LICENSED17
1687+PURSUANT TO THIS ARTICLE 50 DO NOT CONTAIN CONTAMINANTS THAT18
1688+ARE INJURIOUS TO HEALTH AND TO ENSURE CORRECT LABELING , AS WELL19
1689+AS:20
1690+(A) C
1691+ERTIFICATION REQUIREMENTS FOR LABORATORIES THAT TEST21
1692+REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE22
1693+PRODUCT, AND REQUIREMENTS THAT THE TEST RESULTS PRODUCED BY A23
1694+LABORATORY MUST NOT BE USED UNLESS THE LABORATORY IS CERTIFIED ;24
1695+(B) T
1696+ESTING PROCEDURES AND FREQUENCY OF REGULATED25
1697+NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BY26
1698+LICENSEES;27
1699+290
1700+-49- (C) WHETHER TO ALLOW FOR ANY NATURAL PERSON TO REQUEST1
1701+AND UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL2
1702+MEDICINE PRODUCT IF THE NATURAL PERSON IS TWENTY -ONE YEARS OF3
1703+AGE OR OLDER;4
1704+(D) D
1705+EFINITIONS, PERMISSIONS, AND PROHIBITIONS CONCERNING5
1706+CONFLICTS OF INTEREST RELATED TO , AND ECONOMIC INTERESTS FOR ,6
1707+PERSONS WHO OWN OR ARE ASSOCIATED WITH A NATURAL MEDICINE7
1708+TESTING LICENSE AND OTHER LICENSES; AND8
1709+(E) P
1710+ROCEDURES AND REQUIREMENTS NECESSARY TO FACILITATE9
1711+THE COORDINATION OF DUTIES WITH RESPECT TO THE NATURAL MEDICINE10
1712+TESTING AND CERTIFICATION PROGRAM WITH THE DEPARTMENT OF PUBLIC11
1713+HEALTH AND ENVIRONMENT .12
1714+(II) T
1715+HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES13
1716+PURSUANT TO THIS SUBSECTION (1)(f) IN COORDINATION WITH THE14
1717+DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO ENSURE15
1718+CONSISTENCY BETWEEN RULES .16
1719+(g) T
1720+HE REGULATION OF A LICENSED PREMISES, INCLUDING RULES17
1721+THAT ALLOW A NATURAL MEDICINE HEALING CENTER LICENSEE 'S LICENSED18
1722+PREMISES TO BE CO-LOCATED WITH ANOTHER NATURAL MEDICINE HEALING19
1723+CENTER LICENSEE'S LICENSED PREMISES OR A HEALTH-CARE FACILITY;20
1724+(h) R
1725+EQUIREMENTS FOR THE TRANSPORTATION OF REGULATED21
1726+NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT ,22
1727+INCLUDING:23
1728+(I) S
1729+ECURITY REQUIREMENTS;24
1730+(II) T
1731+RANSPORTATION VEHICLE REQUIREMENTS , INCLUDING25
1732+REQUIREMENTS FOR SURVEILLANCE ;26
1733+(III) L
1734+IMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE27
1735+290
1736+-50- AND REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE CARRIED IN1
1737+A TRANSPORTATION VEHICLE;2
1738+(IV) R
1739+ECORD-KEEPING REQUIREMENTS; AND3
1740+(V) T
1741+RANSPORTATION MANIFEST REQUIREMENTS ;4
1742+(i) L
1743+IMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE5
1744+AND REGULATED NATURAL MEDICINE PRODUCT THAT IS ALLOWED FOR6
1745+PRODUCTION BY A NATURAL MEDICINE CULTIVATION FACILITY LICENSE OR7
1746+NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE BASED ON A8
1747+METRIC OR SET OF METRICS. WHEN CONSIDERING ANY LIMITATIONS , THE9
1748+STATE LICENSING AUTHORITY SHALL CONSIDER THE TOTAL CURRENT AND10
1749+ANTICIPATED DEMAND FOR REGULATED NATURAL MEDICINE AND11
1750+REGULATED NATURAL MEDICINE PRODUCT IN COLORADO AND ATTEMPT TO12
1751+MINIMIZE THE MARKET FOR UNLAWFUL NATURAL MEDICINE AND NATURAL13
1752+MEDICINE PRODUCT.14
1753+(j) R
1754+ECORDS TO BE KEPT BY LICENSEES AND THE REQUIRED15
1755+AVAILABILITY OF THE RECORDS FOR INSPECTION BY THE STATE LICENSING16
1756+AUTHORITY;17
1757+(k) R
1758+EQUIREMENTS TO PREVENT THE TRANSFER OR DIVERSION OF18
1759+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT TO PERSONS UNDER19
1760+TWENTY-ONE YEARS OF AGE;20
1761+(l) P
1762+ERMITTED AND PROHIBITED TRANSFERS OF REGULATED21
1763+NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT22
1764+BETWEEN LICENSEES;23
1765+(m) S
1766+TANDARDS FOR ADVERTISING AND MARKETING A LICENSEE 'S24
1767+SERVICES, INCLUDING: AVOIDING THE MISAPPROPRIATION AND25
1768+EXPLOITATION OF THE FEDERALLY RECOGNIZED AMERICAN
1769+TRIBES, AS26
1770+DEFINED IN SECTION 12-170-104 (7), AND INDIGENOUS PEOPLE,27
1771+290
1772+-51- COMMUNITIES, CULTURES, AND RELIGIONS; AVOIDING THE EXCESSIVE1
1773+COMMERCIALIZATION OF NATURAL MEDICINE , NATURAL MEDICINE2
1774+PRODUCT, AND NATURAL MEDICINE SERVICES; PROHIBITING ADVERTISING3
1775+AND MARKETING OF NATURAL MEDICINE , NATURAL MEDICINE PRODUCT ,4
1776+AND NATURAL MEDICINE SERVICES DIRECTED TO INDIVIDUALS WHO ARE5
1777+UNDER TWENTY -ONE YEARS OF AGE ; AND OTHER PARAMETERS6
1778+DETERMINED NECESSARY BY THE STATE LICENSING AUTHORITY .7
1779+(n) T
1780+HE STANDARDS FOR QUALIFICATION AS A LICENSEE ,8
1781+INCLUDING ENVIRONMENTAL , SOCIAL, AND GOVERNANCE CRITERIA9
1782+DIRECTED TO THE FINDINGS AND DECLARATIONS SET FORTH IN SECTION10
1783+12-170-102.11
1784+(2) Permissive rule-making. R
1785+ULES PROMULGATED PURSUANT TO12
1786+SECTION 44-50-202 (1)(b) MAY INCLUDE, BUT NEED NOT BE LIMITED TO,13
1787+THE FOLLOWING SUBJECTS:14
1788+(a) E
1789+STABLISHMENT OF LICENSES , AND THE PRIVILEGES AND15
1790+RESTRICTIONS PURSUANT TO SUCH LICENSES, DETERMINED NECESSARY BY16
1791+THE STATE LICENSING AUTHORITY TO IMPLEMENT OR ADMINISTER THIS17
1792+ARTICLE 50;18
1793+(b) E
1794+STABLISHMENT OF A PRINCIPLE FILE PROCESS AND19
1795+REQUIREMENTS FOR AN APPLICANT SEEKING TO EXERCISE THE PRIVILEGES20
1796+OF A LICENSE TYPE IN MULTIPLE LOCATIONS OR SEEKING TO EXERCISE THE21
1797+PRIVILEGES OF MULTIPLE LICENSE TYPES;22
1798+(c) R
1799+EQUIREMENTS FOR ISSUANCE OF CO-LOCATION PERMITS TO A23
1800+LICENSEE AUTHORIZING CO-LOCATION WITH ANOTHER LICENSED PREMISES ;24
1801+(d) R
1802+EQUIREMENTS AND RESTRICTIONS ON DIFFERENT TYPES OF25
1803+REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE26
1804+PRODUCT;27
1805+290
1806+-52- (e) PACKAGING AND LABELING REQUIREMENTS FOR REGULATED1
1807+NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT ,2
1808+INCLUDING:3
1809+(I) W
1810+ARNING LABELS;4
1811+(II) I
1812+NDIVIDUAL SERVING AND PER-PACKAGE SERVING AMOUNTS ;5
1813+AND6
1814+(III) C
1815+ONCENTRATION OF THE REGULATED NATURAL MEDICINE OR7
1816+REGULATED NATURAL MEDICINE PRODUCT ;8
1817+(f) S
1818+ECURITY REQUIREMENTS FOR LICENSED PREMISES , INCLUDING9
1819+LIGHTING, PHYSICAL SECURITY, VIDEO, AND ALARM REQUIREMENTS , AND10
1820+OTHER MINIMUM PROCEDURES FOR INTERNAL CONTROL AS DEEMED11
1821+NECESSARY BY THE STATE LICENSING AUTHORITY TO PROPERLY12
1822+ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ARTICLE 50,13
1823+INCLUDING REPORTING REQUIREMENTS FOR CHANGES , ALTERATIONS,14
1824+MODIFICATIONS TO THE PREMISES, OR ACTIVITIES OR INCIDENTS ON THE15
1825+PREMISES;16
1826+(g) H
1827+EALTH AND SAFETY REGULATIONS AND STANDARDS ;17
1828+(h) S
1829+ANITARY REQUIREMENTS;18
1830+(i) W
1831+ASTE, DISPOSAL, AND DESTRUCTION REQUIREMENTS OF19
1832+REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE20
1833+PRODUCT, INCLUDING RECORD-KEEPING REQUIREMENTS;21
1834+(j) S
1835+TORAGE AND TRANSPORTATION OF REGULATED NATURAL22
1836+MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT ;23
1837+(k) R
1838+EQUIREMENTS OF LICENSEES TO TRACK AND MANAGE24
1839+INVENTORY;25
1840+(l) C
1841+OMPLIANCE WITH, ENFORCEMENT OF, OR VIOLATION OF ANY26
1842+PROVISION OF THIS ARTICLE 50, ARTICLE 18 OF TITLE 18, OR ANY RULE27
1843+290
1844+-53- PROMULGATED PURSUANT TO THIS ARTICLE 50, INCLUDING PROCEDURES1
1845+AND GROUNDS FOR DENYING , SUSPENDING, FINING, MODIFYING,2
1846+RESTRICTING, OR REVOKING A STATE LICENSE ISSUED PURSUANT TO THIS3
1847+ARTICLE 50 OR ANY RULE PROMULGATED PURSUANT TO THIS ARTICLE 50;4
1848+(m) E
1849+STABLISHING A SCHEDULE OF PENALTIES FOR ALLEGED5
1850+VIOLATIONS OF STATUTES AND RULES ;6
1851+(n) S
1852+PECIFICATIONS OF DUTIES OF OFFICERS AND EMPLOYEES OF7
1853+THE STATE LICENSING AUTHORITY;8
1854+(o) G
1855+UIDANCE
1856+ FOR LAW ENFORCEMENT OFFICERS ;9
1857+(p) R
1858+EQUIREMENTS FOR INSPECTIONS, INVESTIGATIONS, SEARCHES,10
1859+SEIZURES, FORFEITURES, EMBARGO, QUARANTINE, RECALLS, AND SUCH11
1860+ADDITIONAL ACTIVITIES AS MAY BECOME NECESSARY ;12
1861+(q) P
1862+ROHIBITION OF MISREPRESENTATION AND UNFAIR PRACTICES ;13
1863+AND14
1864+(r) S
1865+UCH OTHER MATTERS AS ARE NECESSARY FOR THE FAIR ,15
1866+IMPARTIAL, STRINGENT, AND COMPREHENSIVE ADMINISTRATION OF THIS16
1867+ARTICLE 50.17
1868+(3) T
1869+HE STATE LICENSING AUTHORITY SHALL CONSULT THE BOARD18
1870+WHEN CONSIDERING AND PROMULGATING RULES PURSUANT TO THIS19
1871+SECTION.20
1872+(4) (a) T
1873+HE STATE LICENSING AUTHORITY MAY , BY RULE,21
1874+ESTABLISH PROCEDURES FOR THE CONDITIONAL ISSUANCE OF AN22
1875+EMPLOYEE LICENSE IDENTIFICATION CARD AT THE TIME OF APPLICATION .23
1876+(b) (I) T
1877+HE STATE LICENSING AUTHORITY SHALL BASE ITS24
1878+ISSUANCE OF AN EMPLOYEE LICENSE IDENTIFICATION CARD PURSUANT TO25
1879+THIS SUBSECTION (4) ON THE RESULTS OF AN INITIAL INVESTIGATION THAT26
1880+DEMONSTRATES THE APPLICANT IS QUALIFIED TO HOLD A LICENSE . THE27
1881+290
1882+-54- EMPLOYEE LICENSE APPLICATION FOR WHICH AN EMPLOYEE LICENSE1
1883+IDENTIFICATION CARD WAS ISSUED PURSUANT TO THIS SUBSECTION (4)2
1884+REMAINS SUBJECT TO DENIAL PENDING THE COMPLETE RESULTS OF THE3
1885+APPLICANT'S INITIAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD4
1886+CHECK.5
1887+(II) R
1888+ESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD6
1889+CHECK THAT DEMONSTRATE THAT AN APPLICANT POSSESSING AN7
1890+EMPLOYEE LICENSE IDENTIFICATION CARD PURSUANT TO THIS SUBSECTION8
1891+(4)
1892+ IS NOT QUALIFIED TO HOLD A LICENSE ISSUED PURSUANT TO THIS9
1893+ARTICLE 50 ARE GROUNDS FOR DENIAL OF THE EMPLOYEE LICENSE10
1894+APPLICATION. IF THE EMPLOYEE LICENSE APPLICATION IS DENIED , THE11
1895+APPLICANT SHALL RETURN THE EMPLOYEE LICENSE IDENTIFICATION CARD12
1896+TO THE STATE LICENSING AUTHORITY WITHIN A TIME PERIOD THAT THE13
1897+STATE LICENSING AUTHORITY ESTABLISHES BY RULE .14
1898+(III) THE STATE LICENSING AUTHORITY SHALL REQUIRE THE15
1899+APPLICANT TO HAVE THE APPLICANT 'S FINGERPRINTS TAKEN BY A LOCAL16
1900+LAW ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE17
1901+COLORADO BUREAU OF INVESTIGATION. IF AN APPROVED THIRD PARTY18
1902+TAKES THE APPLICANT'S FINGERPRINTS, THE FINGERPRINTS MAY BE19
1903+ELECTRONICALLY CAPTURED USING THE COLORADO BUREAU OF20
1904+INVESTIGATION'S APPROVED LIFESCAN EQUIPMENT. A THIRD PARTY SHALL21
1905+NOT KEEP THE APPLICANT INFORMATION FOR MORE THAN THIRTY DAYS22
1906+UNLESS REQUESTED BY THE APPLICANT. THE STATE LICENSING AUTHORITY23
1907+SHALL SEND THE APPLICANT'S FINGERPRINTS TO THE COLORADO BUREAU24
1908+OF INVESTIGATION FOR THE PURPOSE OF FINGERPRINT PROCESSING BY25
1909+UTILIZING THE FILES AND RECORDS OF THE COLORADO BUREAU OF26
1910+INVESTIGATION AND THE FEDERAL BUREAU OF INVESTIGATION .27
1911+290
1912+-55- 44-50-204. Confidentiality. (1) T HE STATE LICENSING1
1913+AUTHORITY SHALL MAINTAIN THE CONFIDENTIALITY OF :2
1914+(a) R
1915+EPORTS OR OTHER INFORMATION OBTAINED FROM A LICENSEE3
1916+OR A LICENSE APPLICANT CONTAINING ANY INDIVIDUALIZED DATA ,4
1917+INFORMATION, OR RECORDS RELATED TO THE APPLICANT ; LICENSEE;5
1918+LICENSEE'S OPERATION, INCLUDING SALES INFORMATION , LEASES,6
1919+BUSINESS ORGANIZATION RECORDS , FINANCIAL RECORDS, TAX RETURNS,7
1920+CREDIT REPORTS, CULTIVATION INFORMATION , TESTING RESULTS, AND8
1921+SECURITY INFORMATION AND PLANS ; ANY PARTICIPANT INFORMATION; OR9
1922+ANY OTHER RECORDS THAT ARE EXEMPT FROM PUBLIC INSPECTION10
1923+PURSUANT TO STATE LAW. SUCH REPORTS OR OTHER INFORMATION MAY11
1924+BE USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE 50 OR A RULE12
1925+PROMULGATED PURSUANT TO THIS ARTICLE 50 FOR INVESTIGATION OR13
1926+ENFORCEMENT OF ANY INTERNATIONAL , FEDERAL, STATE, OR LOCAL14
1927+SECURITIES LAW OR REGULATION , OR FOR ANY OTHER STATE OR LOCAL15
1928+LAW ENFORCEMENT PURPOSE . ANY INFORMATION RELEASED RELATED TO16
1929+A PARTICIPANT MAY BE USED ONLY FOR A PURPOSE AUTHORIZED BY THIS17
1930+ARTICLE 50, AS A PART OF AN ACTIVE INVESTIGATION , AS A PART OF A18
1931+PROCEEDING AUTHORIZED BY THIS ARTICLE 50, OR FOR ANY STATE OR19
1932+LOCAL LAW ENFORCEMENT PURPOSE INVOLVING EVIDENCE OF SALES20
1933+TRANSACTIONS IN VIOLATION OF THIS ARTICLE 50 OR EVIDENCE OF21
1934+CRIMINAL ACTIVITY. THE INFORMATION OR RECORDS RELATED TO A22
1935+PARTICIPANT CONSTITUTE MEDICAL DATA AS DESCRIBED BY SECTION23
1936+24-72-204 (3)(a)(I),
1937+AND THE INFORMATION OR RECORDS MAY ONLY BE24
1938+DISCLOSED TO THOSE PERSONS DIRECTLY INVOLVED WITH AN ACTIVE25
1939+INVESTIGATION OR PROCEEDING.26
1940+(b) I
1941+NVESTIGATIVE RECORDS AND DOCUMENTS RELATED TO27
1942+290
1943+-56- ONGOING INVESTIGATIONS. THOSE RECORDS AND DOCUMENTS MAY BE1
1944+USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE 50 OR RULES2
1945+PROMULGATED BY THIS ARTICLE 50, OR FOR ANY OTHER STATE OR LOCAL3
1946+LAW ENFORCEMENT PURPOSE .4
1947+(c) C
1948+OMPUTER SYSTEMS MAINTAINED BY THE STATE LICENSING5
1949+AUTHORITY AND THE VENDORS WITH WHICH THE STATE LICENSING6
1950+AUTHORITY HAS CONTRACTED .7
1951+(2) T
1952+HE STATE LICENSING AUTHORITY SHALL MAKE AVAILABLE8
1953+FOR PUBLIC INSPECTION:9
1954+(a) D
1955+OCUMENTS RELATED TO FINAL AGENCY ACTIONS AND10
1956+ORDERS;11
1957+(b) R
1958+ECORDS RELATED TO TESTING ON AN AGGREGATED AND12
1959+DE-IDENTIFIED BASIS;13
1960+(c) D
1961+EMOGRAPHIC INFORMATION RELATED TO APPLICANTS AND14
1962+LICENSEES AVAILABLE ON AN AGGREGATED AND DE -IDENTIFIED BASIS;15
1963+AND16
1964+(d) E
1965+NFORCEMENT FORMS AND COMPLIANCE CHECKLISTS .17
1966+PART 318
1967+LICENSE TYPES19
1968+44-50-301. Classes of licenses. (1) F
1969+OR THE PURPOSE OF20
1970+REGULATING THE CULTIVATION , MANUFACTURING, TESTING, STORAGE,21
1971+DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED22
1972+NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT , THE23
1973+STATE LICENSING AUTHORITY IN ITS DISCRETION , UPON APPLICATION IN24
1974+THE PRESCRIBED FORM, MAY ISSUE AND GRANT TO THE APPLICANT A25
1975+LICENSE FROM ANY OF THE CLASSES LISTED IN SUBSECTION (2) OF THIS26
1976+SECTION, SUBJECT TO THE PROVISIONS AND RESTRICTIONS PROVIDED BY27
1977+290
1978+-57- THIS ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50.1
1979+(2) (a) T
1980+HE FOLLOWING ARE NATURAL MEDICINE BUSINESS2
1981+LICENSES:3
1982+(I) N
1983+ATURAL MEDICINE HEALING CENTER LICENSE ;4
1984+(II) N
1985+ATURAL MEDICINE CULTIVATION FACILITY LICENSE ;5
1986+(III) N
1987+ATURAL MEDICINE PRODUCT MANUFACTURER LICENSE ;6
1988+(IV) N
1989+ATURAL MEDICINE TESTING FACILITY LICENSE ; AND7
1990+(V) A
1991+NY NATURAL MEDICINE BUSINESS LICENSE DETERMINED8
1992+NECESSARY BY THE STATE LICENSING AUTHORITY .9
1993+(b) T
1994+HE FOLLOWING ARE NATURAL MEDICINE LICENSES OR10
1995+REGISTRATIONS: OCCUPATIONAL LICENSES AND REGISTRATIONS FOR11
1996+OWNERS, MANAGERS, OPERATORS, EMPLOYEES, CONTRACTORS, AND12
1997+OTHER SUPPORT STAFF EMPLOYED BY , WORKING IN, OR HAVING ACCESS TO13
1998+RESTRICTED AREAS OF THE LICENSED PREMISES , AS DETERMINED BY THE14
1999+STATE LICENSING AUTHORITY. THE STATE LICENSING AUTHORITY MAY15
2000+TAKE ANY ACTION WITH RESPECT TO A REGISTRATION OR PERMIT16
2001+PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO17
2002+THIS ARTICLE 50 AS IT MAY, WITH RESPECT TO A LICENSE ISSUED18
2003+PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO19
2004+THIS ARTICLE 50 IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED20
2005+PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO21
2006+THIS ARTICLE 50.22
2007+(3) A
2008+ STATE CHARTERED BANK OR A CREDIT UNION MAY LOAN23
2009+MONEY TO ANY PERSON LICENSED PURSUANT TO THIS ARTICLE 50 OR24
2010+RULES PROMULGATED PURSUANT TO THIS ARTICLE 50 FOR THE OPERATION25
2011+OF A LICENSED NATURAL MEDICINE BUSINESS .26
2012+(4) A
2013+ PERSON MAY NOT OPERATE A LICENSE ISSUED PURSUANT TO27
2014+290
2015+-58- THIS ARTICLE 50 AT THE SAME LOCATION AS A LICENSE OR PERMIT ISSUED1
2016+PURSUANT TO ARTICLE 3, 4, 5, OR 10 OF THIS TITLE 44.2
2017+44-50-302. Restrictions for applications for new licenses.3
12812018 (1) T
1282-HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN
1283-COORDINATION WITH THE DEPARTMENT OF REVENUE
1284-, TO ENSURE
1285-CONSISTENCY BETWEEN RULES
1286-, SHALL PROMULGATE RULES CONCERNING
1287-TESTING STANDARDS AND CERTIFICATION REQUIREMENTS OF NATURAL
1288-MEDICINE AND NATURAL MEDICINE PRODUCT REGULATED BY THE
1289-DEPARTMENT OF REVENUE PURSUANT TO ARTICLE
1290-50 OF TITLE 44.
2019+HE STATE LICENSING AUTHORITY SHALL NOT RECEIVE OR ACT UPON4
2020+AN APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS5
2021+LICENSE PURSUANT TO THIS ARTICLE 50:6
2022+(a) I
2023+F THE APPLICATION FOR A LICENSE CONCERNS A PARTICULAR7
2024+LOCATION THAT IS THE SAME AS OR WITHIN ONE THOUSAND FEET OF A8
2025+LOCATION FOR WHICH, WITHIN THE TWO YEARS IMMEDIATELY PRECEDING9
2026+THE DATE OF THE APPLICATION, THE STATE LICENSING AUTHORITY DENIED10
2027+AN APPLICATION FOR THE SAME CLASS OF LICENSE DUE TO THE NATURE OF11
2028+THE USE OR OTHER CONCERN RELATED TO THE LOCATION ;12
2029+(b) U
2030+NTIL IT IS ESTABLISHED THAT THE APPLICANT IS, OR WILL BE,13
2031+ENTITLED TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS14
2032+MADE UNDER A LEASE, RENTAL AGREEMENT, OR OTHER ARRANGEMENT15
2033+FOR POSSESSION OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE16
2034+PREMISES;17
2035+(c) F
2036+OR A LOCATION IN AN AREA WHERE THE CULTIVATION ,18
2037+MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSFER, AND19
2038+DISPENSATION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS20
2039+CONTEMPLATED IS NOT PERMITTED UNDER THE APPLICABLE ZONING LAWS21
2040+OF THE LOCAL JURISDICTION;22
2041+(d) (I) I
2042+F THE BUILDING WHERE NATURAL MEDICINE SERVICES ARE23
2043+PROVIDED IS WITHIN ONE THOUSAND FEET OF A CHILD CARE CENTER ;24
2044+PRESCHOOL; ELEMENTARY, MIDDLE, JUNIOR, OR HIGH SCHOOL; OR A25
2045+RESIDENTIAL CHILD CARE FACILITY. THE PROVISIONS OF THIS SECTION DO26
2046+NOT AFFECT THE RENEWAL OR REISSUANCE OF A LICENSE ONCE GRANTED27
2047+290
2048+-59- OR APPLY TO LICENSED PREMISES LOCATED OR TO BE LOCATED ON LAND1
2049+OWNED BY A MUNICIPALITY , NOR DO THE PROVISIONS OF THIS SECTION2
2050+APPLY TO AN EXISTING LICENSED PREMISES ON LAND OWNED BY THE STATE3
2051+OR APPLY TO A LICENSE IN EFFECT AND ACTIVELY DOING BUSINESS BEFORE4
2052+THE SCHOOL OR FACILITY WAS CONSTRUCTED . THE GOVERNING BODY OF5
2053+A MUNICIPALITY, BY ORDINANCE; AND THE GOVERNING BODY OF A6
2054+COUNTY, BY RESOLUTION, MAY VARY THE DISTANCE RESTRICTIONS7
2055+IMPOSED BY THIS SUBSECTION (1)(d)(I) FOR A LICENSE OR MAY ELIMINATE8
2056+ONE OR MORE TYPES OF SCHOOLS OR FACILITIES FROM THE APPLICATION9
2057+OF A DISTANCE RESTRICTION ESTABLISHED BY OR PURSUANT TO THIS10
2058+SUBSECTION (1)(d)(I).11
2059+(II) T
2060+HE DISTANCES REFERRED TO IN THIS SUBSECTION (1)(d) MUST12
2061+BE COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST PROPERTY13
2062+LINE OF THE LAND USED FOR A SCHOOL OR FACILITY TO THE NEAREST14
2063+PORTION OF THE BUILDING IN WHICH NATURAL MEDICINE SERVICES ARE15
2064+PROVIDED, USING A ROUTE OF DIRECT PEDESTRIAN ACCESS .16
2065+(III) T
2066+HE STATE LICENSING AUTHORITY SHALL CONSIDER THE17
2067+EVIDENCE AND MAKE A SPECIFIC FINDING OF FACT AS TO WHETHER THE18
2068+BUILDING IN WHICH THE NATURAL MEDICINE BUSINESS IS LOCATED IS19
2069+WITHIN ANY DISTANCE RESTRICTIONS ESTABLISHED BY OR PURSUANT TO20
2070+THIS SUBSECTION (1)(d).21
2071+(2) T
2072+HE STATE LICENSING AUTHORITY SHALL NOT APPROVE AN22
2073+APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS23
2074+LICENSE PURSUANT TO THIS ARTICLE 50 UNTIL THE STATE LICENSING24
2075+AUTHORITY ESTABLISHES THAT THE APPLICANT IS , OR WILL BE, ENTITLED25
2076+TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS MADE UNDER26
2077+A LEASE, RENTAL AGREEMENT, OR OTHER ARRANGEMENT FOR POSSESSION27
2078+290
2079+-60- OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE PREMISES .1
2080+PART 42
2081+NATURAL MEDICINE LICENSE TYPES3
2082+44-50-401. Natural medicine healing center license - rules.4
2083+(1) A
2084+ NATURAL MEDICINE HEALING CENTER LICENSE MAY BE ISSUED ONLY5
2085+TO A PERSON THAT EMPLOYS OR CONTRACTS WITH A FACILITATOR WHO6
2086+PROVIDES NATURAL MEDICINE SERVICES PURSUANT TO THE TERMS AND7
2087+CONDITIONS OF ARTICLE 170 OF TITLE 12.8
12912088 (2) A
1292-T A MINIMUM, THE RULES MUST:
1293-(a) E
1294-STABLISH NATURAL MEDICINE AND NATURAL MEDICINE
1295-PRODUCT TESTING STANDARDS AND CERTIFICATION REQUIREMENTS
1296-;
1297-(b) E
1298-STABLISH A NATURAL MEDICINE INDEPENDENT TESTING AND
1299-CERTIFICATION PROGRAM FOR LICENSEES PURSUANT TO ARTICLE
1300-50 OF TITLE
1301-44, WITHIN AN IMPLEMENTATION TIME FRAME ESTABLISHED BY THE
1302-PAGE 25-SENATE BILL 23-290 DEPARTMENT OF REVENUE , REQUIRING LICENSEES TO TEST NATURAL
1303-MEDICINE AND NATURAL MEDICINE PRODUCT TO ENSURE
1304-, AT A MINIMUM,
1305-THAT PRODUCTS TRANSFERRED FOR HUMAN CONSUMPTION BY NATURAL
1306-PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLE
1307-50 OF TITLE 44 DO
1308-NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS TO HEALTH AND TO
1309-ENSURE CORRECT LABELING
1310-;
1311-(c) E
1312-STABLISH PROCEDURES THAT ENSURE NATURAL MEDICINE AND
1313-NATURAL MEDICINE PRODUCT ARE QUARANTINED AND NOTIFICATION
1314-PROCEDURES IF TEST RESULTS INDICATE THE PRESENCE OF QUANTITIES OF
1315-ANY SUBSTANCE DETERMINED TO BE INJURIOUS TO HEALTH
1316-;
1317-(d) E
1318-NSURE THAT TESTING VERIFIES CONCENTRATION
1319-REPRESENTATIONS AND HOMOGENEITY FOR CORRECT LABELING
1320-;
1321-(e) E
1322-STABLISH AN ACCEPTABLE VARIANCE FOR CONCENTRATION
1323-REPRESENTATIONS AND PROCEDURES TO ADDRESS CONCENTRATION
1324-MISREPRESENTATIONS
1325-; AND
1326-(f) ESTABLISH THE PROTOCOLS AND FREQUENCY OF NATURAL
1327-MEDICINE TESTING BY LICENSEES
1328-.
1329-SECTION 21. In Colorado Revised Statutes, add article 50 to title
1330-44 as follows:
1331-ARTICLE 50
1332-Natural Medicine
1333-PART 1
1334-COLORADO NATURAL MEDICINE CODE
1335-44-50-101. Short title. T
1336-HE SHORT TITLE OF THIS ARTICLE 50 IS THE
1337-"COLORADO NATURAL MEDICINE CODE".
1338-44-50-102. Legislative declaration. (1) T
1339-HE GENERAL ASSEMBLY
1340-FINDS AND DECLARES THAT
1341-:
1342-(a) T
1343-HE PEOPLE OF COLORADO APPROVED STATUTORY MEASURES
1344-THAT
1345-, IN PART, INTENDED TO ENSURE THAT PEOPLE IN COLORADO HAVE
1346-ACCESS TO REGULATED NATURAL MEDICINE AND REGULATED NATURAL
1347-PAGE 26-SENATE BILL 23-290 MEDICINE PRODUCT;
2089+ NATURAL MEDICINE HEALING CENTER LICENSEE MAY9
2090+TRANSFER REGULATED NATURAL MEDICINE OR REGULATED NATURAL10
2091+MEDICINE PRODUCT TO ANOTHER NATURAL MEDICINE HEALING CENTER11
2092+LICENSEE PURSUANT TO RULES PROMULGATED BY THE STATE LICENSING12
2093+AUTHORITY.13
2094+(3) P
2095+RIOR TO INITIATING NATURAL MEDICINE SERVICES , THE14
2096+FACILITATOR OF THE NATURAL MEDICINE HEALING CENTER LICENSEE15
2097+SHALL VERIFY THAT THE PARTICIPANT IS TWENTY -ONE YEARS OF AGE OR16
2098+OLDER.17
2099+(4) A
2100+ NATURAL MEDICINE HEALING CENTER LICENSEE SHALL18
2101+COMPLY WITH ALL PROVISIONS OF ARTICLE 34 OF TITLE 24, AS THE19
2102+PROVISIONS RELATE TO PERSONS WITH DISABILITIES .20
2103+(5) (a) E
2104+XCEPT AS PROVIDED IN SUBSECTION (5)(b) OF THIS21
2105+SECTION, A NATURAL MEDICINE HEALING CENTER LICENSEE SHALL NOT22
2106+TRANSFER, INDIVIDUALLY OR IN ANY COMBINATION , MORE THAN AN23
2107+AMOUNT PROMULGATED BY RULE OF NATURAL MEDICINE AND NATURAL24
2108+MEDICINE PRODUCT TO A PARTICIPANT IN A SINGLE ADMINISTRATION25
2109+SESSION.26
13482110 (b) T
1349-HE DEPARTMENT IS UNIQUELY SUITED TO REGULATE THE
1350-CULTIVATION
1351-, MANUFACTURING , TESTING, STORING, DISTRIBUTION,
1352-TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED
1353-NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BECAUSE
1354-OF ITS EXPERIENCE AND EXISTING RESOURCES IN REGULATING ALCOHOL
1355-,
1356-TOBACCO, AND MARIJUANA; AND
1357-(c) IT IS NECESSARY TO ENTRUST THE REGULATION OF THE
1358-CULTIVATION
1359-, MANUFACTURING , TESTING, STORING, DISTRIBUTION,
1360-TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED
1361-NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT TO THE
1362-DEPARTMENT IN ORDER TO IMPLEMENT THE REGULATORY MEASURES IN A
1363-MANNER THAT HONORS THE INTENT OF THE PEOPLE
1364-, PROMOTES PUBLIC
1365-TRUST
1366-, SUPPORTS THE INTEGRITY AND SUSTAINABILITY OF THE REGULATORY
1367-MEASURES
1368-, AND ENSURES REGULATORY EFFICIENCY .
1369-(2)
1370- THE GENERAL ASSEMBLY DECLARES THAT THIS ARTICLE 50 IS
1371-DEEMED AN EXERCISE OF THE POLICE POWERS OF THE STATE FOR THE
1372-PROTECTION OF THE ECONOMIC AND SOCIAL WELFARE AND THE HEALTH
1373-,
1374-PEACE, AND MORALS OF THE PEOPLE OF THIS STATE.
1375-(3) T
1376-HE GENERAL ASSEMBLY DECLARES THAT IT IS UNLAWFUL UNDER
1377-STATE LAW TO CULTIVATE
1378-, MANUFACTURE, TEST, STORE, DISTRIBUTE,
1379-TRANSPORT, TRANSFER, AND DISPENSE NATURAL MEDICINE OR NATURAL
1380-MEDICINE PRODUCT
1381-, EXCEPT IN COMPLIANCE WITH THE TERMS, CONDITIONS,
1382-LIMITATIONS, AND RESTRICTIONS IN THIS ARTICLE 50; RULES PROMULGATED
1383-PURSUANT TO THIS ARTICLE
1384-50; ARTICLE 170 OF TITLE 12; RULES
1385-PROMULGATED PURSUANT TO ARTICLE
1386-170 OF TITLE 12; ARTICLE 1.5 OF
1387-TITLE
1388-25; RULES PROMULGATED PURSUANT TO ARTICLE 1.5 OF TITLE 25;
1389-TITLE 16; AND TITLE 18.
1390-44-50-103. Definitions. A
1391-S USED IN THIS ARTICLE 50, UNLESS THE
1392-CONTEXT OTHERWISE REQUIRES
1393-:
1394-(1) "A
1395-DMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT
1396-A HEALING CENTER
1397-, OR OTHER LOCATION IF PERMITTED BY THIS ARTICLE 50
1398-OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50, DURING WHICH A
1399-PARTICIPANT CONSUMES AND EXPERIENCES THE EFFECTS OF NATURAL
1400-PAGE 27-SENATE BILL 23-290 MEDICINE UNDER THE SUPERVISION OF A FACILITATOR .
1401-(2) "B
1402-OARD" MEANS THE STATE NATURAL MEDICINE ADVISORY
1403-BOARD CREATED IN SECTION
1404-12-170-106.
1405-(3) "D
1406-IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF
1407-PROFESSIONS AND OCCUPATIONS OR THE DIRECTOR
1408-'S DESIGNEE.
1409-(4) "D
1410-IVISION" MEANS THE DIVISION OF PROFESSIONS AND
1411-OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION
1412-12-20-103.
1413-(5) "F
1414-ACILITATOR" MEANS A NATURAL PERSON WHO IS TWENTY -ONE
1415-YEARS OF AGE OR OLDER
1416-, HAS THE NECESSARY QUALIFICATIONS, TRAINING,
1417-EXPERIENCE, AND KNOWLEDGE TO PERFORM AND SUPERVISE NATURAL
1418-MEDICINE SERVICES FOR A PARTICIPANT
1419-, AND IS LICENSED BY THE DIRECTOR
1420-TO ENGAGE IN THE PRACTICE OF FACILITATION
1421-.
1422-(6) "H
1423-EALING CENTER" MEANS A FACILITY WHERE AN ENTITY IS
1424-LICENSED BY THE STATE LICENSING AUTHORITY THAT PERMITS A
1425-FACILITATOR TO PROVIDE AND SUPERVISE NATURAL MEDICINE SERVICES FOR
1426-A PARTICIPANT
1427-.
1428-(7) "H
1429-EALTH-CARE FACILITY" MEANS AN ENTITY THAT IS LICENSED,
1430-CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER MEDICAL
1431-TREATMENT IN THIS STATE
1432-, INCLUDING A HOSPITAL, HOSPICE FACILITY,
1433-COMMUNITY MENTAL HEALTH CENTER , FEDERALLY QUALIFIED HEALTH
1434-CENTER
1435-, RURAL HEALTH CLINIC, ORGANIZATION PROVIDING A PROGRAM OF
1436-ALL
1437--INCLUSIVE CARE FOR THE ELDERLY , LONG-TERM CARE FACILITY,
1438-CONTINUING CARE RETIREMENT COMMUNITY , OR OTHER TYPE OF ENTITY
1439-WHERE HEALTH CARE IS PROVIDED
1440-.
1441-(8) "I
1442-NTEGRATION SESSION" MEANS A MEETING BETWEEN A
1443-PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF AN
1444-ADMINISTRATION SESSION
1445-.
1446-(9) "L
1447-ICENSE" MEANS TO GRANT A LICENSE , PERMIT, OR
1448-REGISTRATION PURSUANT TO THIS ARTICLE
1449-50 OR RULES PROMULGATED
1450-PURSUANT TO THIS ARTICLE
1451-50.
1452-PAGE 28-SENATE BILL 23-290 (10) "LICENSED PREMISES" MEANS THE PREMISES SPECIFIED IN AN
1453-APPLICATION FOR A LICENSE PURSUANT TO THIS ARTICLE
1454-50 THAT THE
1455-LICENSEE OWNS OR IS IN POSSESSION OF AND WITHIN WHICH THE LICENSEE
1456-IS AUTHORIZED TO CULTIVATE
1457-, MANUFACTURE, TEST, STORE, DISTRIBUTE,
1458-TRANSPORT, TRANSFER, OR DISPENSE NATURAL MEDICINE OR NATURAL
1459-MEDICINE PRODUCT IN ACCORDANCE WITH THIS ARTICLE
1460-50.
1461-(11) "L
1462-ICENSEE" MEANS A PERSON LICENSED , REGISTERED, OR
1463-PERMITTED PURSUANT TO THIS ARTICLE
1464-50 OR RULES PROMULGATED
1465-PURSUANT TO THIS ARTICLE
1466-50.
1467-(12) "L
1468-OCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR
1469-CITY AND COUNTY
1470-.
1471-(13) (a) "N
1472-ATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES :
1473-(I) P
1474-SILOCYBIN; OR
1475-(II) PSILOCYN.
1476-(b) I
1477-N ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION (13)(a)
1478-OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:
1479-(I) D
1480-IMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND
1481-APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE
1482-LICENSING AUTHORITY FOR INCLUSION ON OR AFTER
1483-JUNE 1, 2026;
2111+HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES27
2112+290
2113+-61- TO ESTABLISH CERTAIN EXEMPTIONS TO THE NATURAL MEDICINE OR1
2114+NATURAL MEDICINE PRODUCT LIMITATION AND MAY ESTABLISH2
2115+RECORD-KEEPING REQUIREMENTS FOR NATURAL MEDICINE HEALING3
2116+CENTER LICENSEES PURSUANT TO ANY EXEMPTION TO THE4
2117+ADMINISTRATION LIMITATION.5
2118+44-50-402. Natural medicine cultivation facility license. (1) A6
2119+NATURAL MEDICINE CULTIVATION FACILITY LICENSE MAY BE ISSUED ONLY7
2120+TO A PERSON WHO CULTIVATES REGULATED NATURAL MEDICINE FOR8
2121+TRANSFER AND DISTRIBUTION TO NATURAL MEDICINE HEALING CENTER9
2122+LICENSEES, NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEES , OR10
2123+OTHER NATURAL MEDICINE CULTIVATION FACILITY LICENSEES .11
2124+(2) N
2125+ATURAL MEDICINE OR NATURAL MEDICINE PRODUCT MUST12
2126+NOT BE CONSUMED ON THE NATURAL MEDICINE CULTIVATION FACILITY13
2127+LICENSEE'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS14
2128+CO-LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE 'S15
2129+LICENSED PREMISES.16
2130+44-50-403. Natural medicine product manufacturer license.17
2131+(1) (a) A
2132+ NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE MAY BE18
2133+ISSUED TO A PERSON WHO MANUFACTURES REGULATED NATURAL19
2134+MEDICINE PRODUCT PURSUANT TO THE TERMS AND CONDITIONS OF THIS20
2135+ARTICLE 50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.21
2136+(b) A
2137+ NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE22
2138+MAY CULTIVATE ITS OWN REGULATED NATURAL MEDICINE PURSUANT TO23
2139+A NATURAL MEDICINE CULTIVATION FACILITY LICENSEE .24
2140+(c) A
2141+ NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE25
2142+SHALL NOT:26
2143+(I) A
2144+DD ANY REGULATED NATURAL MEDICINE TO A FOOD PRODUCT27
2145+290
2146+-62- IF THE MANUFACTURER OF THE FOOD PRODUCT HOLDS A TRADEMARK TO1
2147+THE FOOD PRODUCT'S NAME; EXCEPT THAT A NATURAL MEDICINE PRODUCT2
2148+MANUFACTURER LICENSEE MAY USE A TRADEMARKED FOOD PRODUCT IF3
2149+THE MANUFACTURER USES THE PRODUCT AS A COMPONENT OR AS PART OF4
2150+A RECIPE AND IF THE NATURAL MEDICINE PRODUCT MANUFACTURER5
2151+LICENSEE DOES NOT STATE OR ADVERTISE TO THE CONSUMER THAT THE6
2152+FINAL NATURAL MEDICINE PRODUCT CONTAINS A TRADEMARKED FOOD7
2153+PRODUCT;8
14842154 (II) I
1485-BOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED BY
1486-THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
1487-AUTHORITY FOR INCLUSION
1488-; OR
1489-(III) MESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED
1490-BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
1491-AUTHORITY FOR INCLUSION ON OR AFTER
1492-JUNE 1, 2026.
1493-(c) "N
1494-ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
1495-SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS
1496- (13)(a)
1497-AND (13)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY
1498-OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING
1499-CHEMICAL SYNTHESIS
1500-, CHEMICAL MODIFICATION , OR CHEMICAL
1501-PAGE 29-SENATE BILL 23-290 CONVERSION.
1502-(d) N
1503-OTWITHSTANDING SUBSECTION (13)(b)(III) OF THIS SECTION,
1504-"MESCALINE" DOES NOT INCLUDE PEYOTE , MEANING ALL PARTS OF THE
1505-PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE
1506-,
1507-WHETHER GROWING OR NOT ; ITS SEEDS; ANY EXTRACT FROM ANY PART OF
1508-THE PLANT
1509-, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR
1510-PREPARATION OF THE PLANT
1511-; OR ITS SEEDS OR EXTRACTS.
1512-(14) "N
1513-ATURAL MEDICINE BUSINESS" MEANS ANY OF THE FOLLOWING
1514-ENTITIES LICENSED PURSUANT TO THIS ARTICLE
1515-50: A NATURAL MEDICINE
1516-HEALING CENTER
1517-, A NATURAL MEDICINE CULTIVATION FACILITY, A NATURAL
1518-MEDICINE PRODUCTS MANUFACTURER
1519-, OR A NATURAL MEDICINE TESTING
1520-FACILITY
1521-, OR ANOTHER LICENSED ENTITY CREATED BY THE STATE LICENSING
1522-AUTHORITY
1523-.
1524-(15) "N
1525-ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED
1526-WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION
1527-.
1528-(16) "N
1529-ATURAL MEDICINE SERVICES " MEANS A PREPARATION
1530-SESSION
1531-, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED
1532-PURSUANT TO ARTICLE
1533-170 OF TITLE 12.
1534-(17) "P
1535-ARTICIPANT" MEANS A PERSON WHO IS TWENTY -ONE YEARS
1536-OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE SERVICES
1537-PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR
1538-.
1539-(18) "P
1540-ERSON" MEANS A NATURAL PERSON OR AN ENTITY .
1541-(19) "P
1542-REPARATION SESSION" MEANS A MEETING BETWEEN A
1543-PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE THE START OF AN
1544-ADMINISTRATION SESSION
1545-. "PREPARATION SESSION" DOES NOT MEAN AN
1546-INITIAL CONSULTATION OR AN INQUIRY RESPONSE ABOUT NATURAL
1547-MEDICINE SERVICES
1548-.
1549-(20) "P
1550-RINCIPLE FILE" MEANS A FILE THAT IS ESTABLISHED BY THE
1551-STATE LICENSING AUTHORITY AND CONTAINS LICENSING AND BACKGROUND
1552-INFORMATION FOR AN APPLICANT SEEKING LICENSES PURSUANT TO THIS
1553-ARTICLE
1554-50.
1555-PAGE 30-SENATE BILL 23-290 (21) "REGULATED NATURAL MEDICINE " MEANS NATURAL MEDICINE
1556-THAT IS CULTIVATED
1557-, MANUFACTURED, TESTED, STORED, DISTRIBUTED,
1558-TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO THIS ARTICLE 50.
1559-(22) "R
1560-EGULATED NATURAL MEDICINE PRODUCT " MEANS NATURAL
1561-MEDICINE PRODUCT THAT IS CULTIVATED
1562-, MANUFACTURED, TESTED, STORED,
1563-DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO
1564-THIS ARTICLE
1565-50.
1566-(23) "R
1567-EMUNERATION" MEANS ANYTHING OF VALUE , INCLUDING
1568-MONEY
1569-, REAL PROPERTY, TANGIBLE AND INTANGIBLE PERSONAL PROPERTY ,
1570-CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT OF USE OR
1571-EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED THEREWITH
1572-,
1573-BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
1574-(24) "S
1575-TATE LICENSING AUTHORITY " MEANS THE AUTHORITY
1576-CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE
1577-LICENSING OF THE CULTIVATION
1578-, MANUFACTURING, TESTING, STORAGE,
1579-DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF
1580-REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE
1581-PRODUCT IN THIS STATE PURSUANT TO SECTION
1582-44-50-201.
1583-(25) "T
1584-RANSFER" MEANS TO GRANT, CONVEY, HAND OVER, ASSIGN,
1585-SELL, EXCHANGE, DONATE, OR BARTER, IN ANY MANNER AND BY ANY
1586-MEANS
1587-, WITH OR WITHOUT REMUNERATION .
1588-44-50-104. Applicability. (1) A
1589-LL BUSINESSES, FOR THE PURPOSE
1590-OF CULTIVATION
1591-, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,
1592-TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL
1593-MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT
1594-, AS DEFINED IN THIS
1595-ARTICLE
1596-50, ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS ARTICLE
1597-50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.
2155+NTENTIONALLY OR KNOWINGLY LABEL OR PAC KAGE NATURAL9
2156+MEDICINE OR NATURAL MEDICINE PRODUCT IN A MANNER THAT WOULD10
2157+CAUSE A REASONABLE CONSUMER CONFUSION AS TO WHETHER THE11
2158+NATURAL MEDICINE PRODUCT WAS A TRADEMARKED FOOD PRODUCT ; OR12
2159+(III) L
2160+ABEL OR PACKAGE A PRODUCT IN A MANNER THAT VIOLATES13
2161+ANY FEDERAL TRADEMARK LAW OR REGULATION .14
2162+(2) N
2163+ATURAL MEDICINE AND NATURAL MEDICINE PRODUCT MUST15
2164+NOT BE CONSUMED ON A NATURAL MEDICINE PRODUCT MANUFACTURER16
2165+LICENSEE'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS17
2166+CO-LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE 'S18
2167+LICENSED PREMISES.19
2168+44-50-404. Natural medicine testing facility license - rules.20
2169+(1) (a) A
2170+ NATURAL MEDICINE TESTING FACILITY LICENSE MAY BE ISSUED21
2171+TO A PERSON WHO PERFORMS TESTING AND RESEARCH ON NATURAL22
2172+MEDICINE AND NATURAL MEDICINE PRODUCT .23
2173+(b) T
2174+HE TESTING OF NATURAL MEDICINE AND NATURAL MEDICINE24
2175+PRODUCT, AND THE ASSOCIATED STANDARDS , IS A MATTER OF STATEWIDE25
2176+CONCERN.26
2177+(2) T
2178+HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES27
2179+290
2180+-63- RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES , INCLUDING1
2181+BUT NOT LIMITED TO TESTING, STANDARDS, QUALITY CONTROL ANALYSIS,2
2182+EQUIPMENT CERTIFICATION AND CALIBRATION , IDENTIFICATION OF3
2183+CHEMICALS AND OTHER SUBSTANCES USED IN BONA FIDE RESEARCH4
2184+METHODS, AND WHETHER TO ALLOW A NATURAL PERSON TO REQUEST AND5
2185+UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL6
2186+MEDICINE PRODUCT IF THE NATURAL PERSON IS TWENTY -ONE YEARS OF7
2187+AGE OR OLDER.8
2188+(3) A
2189+ PERSON WHO HAS AN INTEREST IN A NATURAL MEDICINE9
2190+TESTING FACILITY LICENSE SHALL NOT HAVE ANY INTEREST IN A LICENSED10
2191+NATURAL MEDICINE HEALING CENTER , A LICENSED NATURAL MEDICINE11
2192+CULTIVATION FACILITY, A LICENSED NATURAL MEDICINE PRODUCT12
2193+MANUFACTURER, OR A NATURAL MEDICINE LICENSE ISSUED BY THE STATE13
2194+LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 50 OR RULES14
2195+PROMULGATED PURSUANT TO THIS ARTICLE 50.15
2196+PART 516
2197+UNLAWFUL ACTS17
2198+44-50-501. Unlawful acts. (1) E
2199+XCEPT AS OTHERWISE PROVIDED18
2200+IN THIS ARTICLE 50, IT IS UNLAWFUL FOR A LICENSEE TO:19
2201+(a) K
2202+NOWINGLY TRANSFER
2203+ NATURAL MEDICINE OR A NATURAL20
2204+MEDICINE PRODUCT TO A PERSON UNDER TWENTY -ONE YEARS OF AGE; OR21
2205+(b) K
2206+NOWINGLY ADULTERATE OR ALTER , OR ATTEMPT TO22
2207+ADULTERATE OR ALTER, ANY SAMPLE OF REGULATED NATURAL MEDICINE23
2208+OR A NATURAL MEDICINE PRODUCT FOR THE PURPOSE OF CIRCUMVENTING24
2209+TESTING REQUIREMENTS.25
2210+PART 626
2211+FEES27
2212+290
2213+-64- 44-50-601. Regulated natural medicine cash fund - created -1
2214+rules. (1) (a) A
2215+LL MONEY COLLECTED BY THE STATE LICENSING2
2216+AUTHORITY PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED3
2217+PURSUANT TO THIS ARTICLE 50 MUST BE TRANSMITTED TO THE STATE4
2218+TREASURER, WHO SHALL CREDIT THE SAME TO THE REGULATED NATURAL5
2219+MEDICINE DIVISION CASH FUND , WHICH IS HEREBY CREATED . THE6
2220+REGULATED NATURAL MEDICINE DIVISION CASH FUND , REFERRED TO IN7
2221+THIS SECTION AS THE "FUND", CONSISTS OF:8
2222+(I) T
2223+HE MONEY COLLECTED BY THE STATE LICENSING AUTHORITY ;9
2224+AND10
2225+(II) A
2226+NY ADDITIONAL GENERAL FUND MONEY APPROPRIATED TO11
2227+THE FUND THAT IS NECESSARY FOR THE OPERATION OF THE STATE12
2228+LICENSING AUTHORITY.13
2229+(b) M
2230+ONEY IN THE FUND IS SUBJECT TO ANNUAL APPROPRIATION14
2231+BY THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE DIRECT AND15
2232+INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING THIS ARTICLE 50.16
2233+(c) A
2234+NY MONEY IN THE FUND NOT EXPENDED FOR THE PURPOSES17
2235+OF THIS SECTION MAY BE INVESTED BY THE STATE TREASURER AS18
2236+PROVIDED BY LAW. ALL INTEREST AND INCOME DERIVED FROM THE19
2237+INVESTMENT AND DEPOSIT OF MONEY IN THE FUND SHALL BE CREDITED TO20
2238+THE FUND. ANY UNEXPENDED AND UNENCUMBERED MONEY REMAINING21
2239+IN THE FUND AT THE END OF A FISCAL YEAR REMAINS IN THE FUND AND22
2240+SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR23
2241+ANOTHER FUND.24
2242+(2) T
2243+HE EXECUTIVE DIRECTOR BY RULE OR AS OTHERWISE25
2244+PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE26
2245+FEES IF NECESSARY PURSUANT TO SECTION 24-75-402 (3) TO REDUCE THE27
2246+290
2247+-65- UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF1
2248+ONE OR MORE OF THE FEES IS CREDITED . AFTER THE UNCOMMITTED2
2249+RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED , THE EXECUTIVE3
2250+DIRECTOR BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE4
2251+THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION5
2252+24-75-402
2253+ (4).6
2254+(3) (a) T
2255+HE STATE LICENSING AUTHORITY SHALL ESTABLISH FEES7
2256+FOR PROCESSING THE APPLICATIONS OR LICENSES PURSUANT TO SECTION8
2257+44-50-301.9
2258+(b) T
2259+HE AMOUNTS OF SUCH FEES, WHEN ADDED TO THE OTHER FEES10
2260+TRANSFERRED TO THE FUND PURSUANT TO THIS SECTION , MUST REFLECT11
2261+THE ACTUAL DIRECT AND INDIRECT COSTS OF THE STATE LICENSING12
2262+AUTHORITY IN THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE13
2263+50
2264+ SO THAT THE FEES AVOID EXCEEDING THE STATUTORY LIMIT ON14
2265+UNCOMMITTED RESERVES IN ADMINISTRATIVE AGENCY CASH FUNDS AS SET15
2266+FORTH IN SECTION 24-75-402 (3).16
2267+(c) T
2268+HE STATE LICENSING AUTHORITY MAY CHARGE APPLICANTS17
2269+LICENSED PURSUANT TO THIS ARTICLE 50 A FEE FOR THE COST OF EACH18
2270+FINGERPRINT ANALYSIS AND BACKGROUND INVESTIGATION UNDERTAKEN19
2271+TO QUALIFY NEW OFFICERS, DIRECTORS, MANAGERS, OR EMPLOYEES.20
2272+(d) A
2273+T LEAST ANNUALLY, THE STATE LICENSING AUTHORITY SHALL21
2274+REVIEW THE AMOUNTS OF THE FEES AND , IF NECESSARY, ADJUST THE22
2275+AMOUNTS TO REFLECT THE DIRECT AND INDIRECT COSTS OF THE STATE23
2276+LICENSING AUTHORITY.24
2277+(e) T
2278+HE FEES ESTABLISHED AND COLLECTED PURSUANT TO THIS25
2279+SECTION MUST NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS26
2280+ARTICLE 50.27
2281+290
2282+-66- (4) EXCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, THE1
2283+STATE LICENSING AUTHORITY SHALL ESTABLISH A BASIC FEE THAT SHALL2
2284+BE PAID AT THE TIME OF SERVICE OF ANY SUBPOENA UPON THE STATE3
2285+LICENSING AUTHORITY, PLUS A FEE FOR MEALS AND A FEE FOR MILEAGE AT4
2286+THE RATE PRESCRIBED FOR STATE OFFICERS AND EMPLOYEES IN SECTION5
2287+24-9-104
2288+ FOR EACH MILE ACTUALLY AND NECESSARILY TRAVELED IN6
2289+GOING TO AND RETURNING FROM THE PLACE NAMED IN THE SUBPOENA . IF7
2290+THE PERSON NAMED IN THE SUBPOENA IS REQUIRED TO ATTEND THE PLACE8
2291+NAMED IN THE SUBPOENA FOR MORE THAN ONE DAY , THERE SHALL BE9
2292+PAID, IN ADVANCE, A SUM TO BE ESTABLISHED BY THE STATE LICENSING10
2293+AUTHORITY FOR EACH DAY OF ATTENDANCE TO COVER THE EXPENSES OF11
2294+THE PERSON NAMED IN THE SUBPOENA .12
2295+(5) T
2296+HE SUBPOENA FEE ESTABLISHED PURSUANT TO SUBSECTION13
2297+(4)
2298+ OF THIS SECTION DOES NOT APPLY TO ANY FEDERAL, STATE, OR LOCAL14
2299+GOVERNMENTAL AGENCY .15
2300+44-50-602. Fees - allocation. (1) E
2301+XCEPT AS OTHERWISE16
2302+PROVIDED, ALL FEES AND FINES PROVIDED FOR BY THIS ARTICLE 50 SHALL17
2303+BE PAID TO THE STATE LICENSING AUTHORITY , WHICH SHALL TRANSMIT18
2304+THE FEES TO THE STATE TREASURER. THE STATE TREASURER SHALL CREDIT19
2305+THE FEES TO THE REGULATED NATURAL MEDICINE DIVISION CASH FUND20
2306+CREATED IN SECTION 44-50-601.21
2307+(2) T
2308+HE EXPENDITURES OF THE STATE LICENSING AUTHORITY ARE22
2309+PAID OUT OF APPROPRIATIONS FROM THE REGULATED NATURAL MEDICINE23
2310+DIVISION CASH FUND CREATED IN SECTION 44-50-601.24
2311+PART 725
2312+DISCIPLINARY ACTIONS26
2313+44-50-701. Suspension - revocation - fines. (1) I
2314+N ADDITION TO27
2315+290
2316+-67- ANY OTHER SANCTIONS PRESCRIBED BY THIS ARTICLE 50 OR RULES1
2317+PROMULGATED PURSUANT TO THIS ARTICLE 50, THE STATE LICENSING2
2318+AUTHORITY HAS THE POWER , ON ITS OWN MOTION OR ON COMPLAINT ,3
2319+AFTER INVESTIGATION AND OPPORTUNITY FOR A PUBLIC HEARING AT4
2320+WHICH THE LICENSEE MUST BE AFFORDED AN OPPORTUNITY TO BE HEARD ,5
2321+TO FINE A LICENSEE OR TO SUSPEND OR REVOKE A LICENSE ISSUED BY THE6
2322+AUTHORITY FOR A VIOLATION BY THE LICENSEE OR BY ANY OF THE AGENTS7
2323+OR EMPLOYEES OF THE LICENSEE OF THE PROVISIONS OF THIS ARTICLE 50,8
2324+OR ANY OF THE RULES PROMULGATED PURSUANT TO THIS ARTICLE 50, OR9
2325+OF ANY OF THE TERMS, CONDITIONS, OR PROVISIONS OF THE LICENSE10
2326+ISSUED BY THE STATE LICENSING AUTHORITY . THE STATE LICENSING11
2327+AUTHORITY HAS THE POWER TO ADMINISTER OATHS AND ISSUE SUBPOENAS12
2328+TO REQUIRE THE PRESENCE OF PERSONS AND THE PRODUCTION OF PAPERS ,13
2329+BOOKS, AND RECORDS NECESSARY TO THE DETERMINATION OF A HEARING14
2330+THAT THE STATE LICENSING AUTHORITY IS AUTHORIZED TO CONDUCT .15
2331+(2) T
2332+HE STATE LICENSING AUTHORITY SHALL PROVIDE NOTICE OF16
2333+SUSPENSION, REVOCATION, FINE, OR OTHER SANCTION, AS WELL AS THE17
2334+REQUIRED NOTICE OF THE HEARING PURSUANT TO SUBSECTION (1) OF THIS18
2335+SECTION, BY MAILING THE SAME IN WRITING TO THE LICENSEE AT THE19
2336+ADDRESS CONTAINED IN THE LICENSE AND , IF DIFFERENT, AT THE LAST20
2337+ADDRESS FURNISHED TO THE AUTHORITY BY THE LICENSEE . EXCEPT IN THE21
2338+CASE OF A SUMMARY SUSPENSION , A SUSPENSION MAY NOT EXCEED SIX22
2339+MONTHS. IF A LICENSE IS SUSPENDED OR REVOKED , A PART OF THE FEES23
2340+PAID FOR THE LICENSE ARE NOT RETURNED TO THE LICENSEE . ANY24
2341+LICENSE, REGISTRATION, OR PERMIT MAY BE SUMMARILY SUSPENDED BY25
2342+THE STATE LICENSING AUTHORITY WITHOUT NOTICE PENDING ANY26
2343+PROSECUTION, INVESTIGATION, OR PUBLIC HEARING PURSUANT TO THE27
2344+290
2345+-68- TERMS OF SECTION 24-4-104 (4). NOTHING IN THIS SECTION PREVENTS THE1
2346+SUMMARY SUSPENSION OF A LICENSE PURSUANT TO SECTION 24-4-104 (4).2
2347+PART 83
2348+JUDICIAL REVIEW4
2349+44-50-801. Judicial review. D
2350+ECISIONS BY THE STATE LICENSING5
2351+AUTHORITY ARE SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION6
2352+24-4-106.7
2353+PART 98
2354+PROTECTIONS, CONSTRUCTION,9
2355+PREEMPTION, AND SEVERABILITY10
2356+44-50-901. Protections. (1) S
2357+UBJECT TO THE LIMITATIONS IN THIS11
2358+ARTICLE 50 AND ARTICLE 170 OF TITLE 12, BUT NOTWITHSTANDING ANY12
2359+OTHER PROVISION OF LAW:13
2360+(a) A
2361+CTIONS AND CONDUCT PERMITTED PURSUANT TO A LICENSE ,14
2362+REGISTRATION, OR PERMIT ISSUED BY THE STATE LICENSING AUTHORITY15
2363+PURSUANT TO THIS ARTICLE 50, OR BY THOSE WHO ALLOW PROPERTY TO16
2364+BE USED PURSUANT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50,17
2365+ARE LAWFUL AND ARE NOT AN OFFENSE UNDER STATE LAW OR THE LAWS18
2366+OF ANY LOCAL JURISDICTION WITHIN THE STATE ; ARE NOT SUBJECT TO A19
2367+CIVIL FINE, PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION,20
2368+SEARCH, OR ARREST; ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE;21
2369+AND ARE NOT A BASIS TO SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR22
2370+THE LAWS OF ANY LOCAL JURISDICTION WITHIN THIS STATE ;23
2371+(b) A
2372+ CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT24
2373+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , AS ALLOWED25
2374+PURSUANT TO THIS ARTICLE 50, IS PROHIBITED BY FEDERAL LAW;26
2375+(c) A
2376+ LICENSEE, REGISTRANT, OR PERMITTEE PURSUANT TO THIS27
2377+290
2378+-69- ARTICLE 50 IS NOT SUBJECT TO DISCIPLINE OR LOSS OF A PROFESSIONAL1
2379+LICENSE OR CERTIFICATION FOR PROVIDING ADVICE OR SERVICES ARISING2
2380+OUT OF OR RELATED TO NATURAL MEDICINE OR NATURAL MEDICINE3
2381+PRODUCT, APPLICATIONS FOR LICENSES ON THE BASIS THAT NATURAL4
2382+MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL5
2383+LAW, OR FOR PERSONAL USE OF NATURAL MEDICINE OR NATURAL6
2384+MEDICINE PRODUCT AS ALLOWED PURSUANT TO THIS ARTICLE 50. THIS7
2385+SUBSECTION (1)(c) DOES NOT PERMIT A LICENSEE , REGISTRANT, OR8
2386+PERMITTEE TO ENGAGE IN MALPRACTICE .9
2387+(d) M
2388+ENTAL HEALTH CARE , SUBSTANCE USE DISORDER10
2389+INTERVENTION, OR BEHAVIORAL HEALTH SERVICES OTHERWISE COVERED11
2390+UNDER THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF12
2391+TITLE 25.5, MUST NOT BE DENIED ON THE BASIS THAT THEY ARE COVERED13
2392+IN CONJUNCTION WITH NATURAL MEDICINE SERVICES , OR THAT NATURAL14
2393+MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL15
2394+LAW. INSURANCE OR AN INSURANCE PROVIDER IS NOT REQUIRED TO COVER16
2395+THE COST OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT .17
2396+(e) N
2397+OTHING IN THIS SECTION MAY BE CONSTRUED OR18
2398+INTERPRETED TO PREVENT THE DIRECTOR
2399+OF THE NATURAL MEDICINE19
2400+DIVISION FROM ENFORCING ITS RULES AGAINST A LICENSEE OR TO LIMIT A20
2401+STATE OR LOCAL LAW ENFORCEMENT AGENCY 'S ABILITY TO INVESTIGATE21
2402+UNLAWFUL ACTIVITY IN RELATION TO A LICENSEE .22
2403+44-50-902. Liberal construction. T
2404+HIS ARTICLE 50 MUST BE23
2405+LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE .24
2406+44-50-903. Preemption. A
2407+ LOCAL JURISDICTION SHALL NOT25
2408+ADOPT, ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION THAT26
2409+ARE OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE 50.27
2410+290
2411+-70- 44-50-904. Severability. I F ANY PROVISION OF THIS ARTICLE 50 IS1
2412+FOUND BY A COURT OF COMPETENT JURISDICTION TO BE2
2413+UNCONSTITUTIONAL, THE REMAINING PROVISIONS OF THIS ARTICLE 50 ARE3
2414+VALID, UNLESS IT APPEARS TO THE COURT THAT THE VALID PROVISIONS OF4
2415+THE STATUTE ARE SO ESSENTIALLY AND INSEPARABLY CONNECTED WITH ,5
2416+AND SO DEPENDENT UPON , THE VOID PROVISION THAT IT CANNOT BE6
2417+PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE7
2418+VALID PROVISIONS WITHOUT THE VOID ONE ; OR UNLESS THE COURT8
2419+DETERMINES THAT THE VALID PROVISIONS , STANDING ALONE, ARE9
2420+INCOMPLETE AND ARE INCAPABLE OF BEING EXECUTED IN ACCORDANCE10
2421+WITH THE LEGISLATIVE INTENT.11
2422+PART 1012
2423+SUNSET REVIEW - ARTICLE REPEAL13
2424+44-50-1001. Sunset review - repeal of article. (1) T
2425+HIS ARTICLE14
2426+50
2427+ IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.15
2428+(2) P
2429+RIOR TO THE REPEAL OF THIS ARTICLE 50, THE DEPARTMENT16
2430+OF REGULATORY AGENCIES SHALL CONDUCT A SUNSET REVIEW AS17
2431+DESCRIBED IN SECTION 24-34-104 (5).18
2432+SECTION 22. In Colorado Revised Statutes, 16-13-303, amend19
2433+(9) as follows:20
2434+16-13-303. Class 1 public nuisance. (9) A person acting in
2435+21
2436+compliance with the "Natural Medicine Health Act of 2022", article 17022
2437+of title 12 does not violate this section IT IS NOT A VIOLATION OF THIS23
2438+SECTION IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434,24
2439+ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.25
2440+SECTION 23. In Colorado Revised Statutes, 16-13-304, amend26
2441+(2) as follows:27
2442+290
2443+-71- 16-13-304. Class 2 public nuisance. (2) A person acting in1
2444+compliance with the "Natural Medicine Health Act of 2022", article 1702
2445+of title 12 does not violate this section IT IS NOT A VIOLATION OF THIS3
2446+SECTION IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434,4
2447+ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.5
2448+SECTION 24. In Colorado Revised Statutes, 18-18-403.5,6
2449+amend (1) as follows:7
2450+18-18-403.5. Unlawful possession of a controlled substance -8
2451+notice to revisor of statutes - repeal. (1) Except as authorized by part9
2452+1 or 3 of article 280 of title 12, part 2 of article 80 of title 27, section10
2453+18-1-711, section 18-18-428 (1)(b), part 2 or 3 of this article 18, or the11
2454+"Natural Medicine Health Act of 2022", article 170 of title 12 SECTION12
2455+18-18-434,
2456+ ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is13
2457+unlawful for a person knowingly to possess a controlled substance.14
2458+SECTION 25. In Colorado Revised Statutes, 18-18-404, amend15
2459+(1)(a) as follows:16
2460+18-18-404. Unlawful use of a controlled substance.17
2461+(1) (a) Except as is otherwise provided for offenses concerning marijuana18
2462+and marijuana concentrate in sections 18-18-406 and 18-18-406.5, or by
2463+19
2464+the "Natural Medicine Health Act of 2022", article 170 of title 12 OR FOR20
2465+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IN SECTION21
2466+18-18-434,
2467+ ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, any22
2468+person who uses any controlled substance, except when it is dispensed by23
2469+or under the direction of a person licensed or authorized by law to24
2470+prescribe, administer, or dispense the controlled substance for bona fide25
2471+medical needs, commits a level 2 drug misdemeanor.26
2472+SECTION 26. In Colorado Revised Statutes, 18-18-405, amend27
2473+290
2474+-72- (1)(a) as follows:1
2475+18-18-405. Unlawful distribution, manufacturing, dispensing,2
2476+or sale. (1) (a) Except as authorized by part 1 of article 280 of title 12,3
2477+part 2 of article 80 of title 27, part 2 or 3 of this article 18, or by the4
2478+"Natural Medicine Health Act of 2022", article 170 of title 12 SECTION5
2479+18-18-434,
2480+ ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is6
2481+unlawful for any person knowingly to manufacture, dispense, sell, or7
2482+distribute, or to possess with intent to manufacture, dispense, sell, or8
2483+distribute, a controlled substance; or induce, attempt to induce, or9
2484+conspire with one or more other persons, to manufacture, dispense, sell,10
2485+distribute, or possess with intent to manufacture, dispense, sell, or11
2486+distribute, a controlled substance; or possess one or more chemicals or12
2487+supplies or equipment with intent to manufacture a controlled substance.13
2488+SECTION 27. In Colorado Revised Statutes, amend 18-18-41014
2489+as follows:15
2490+18-18-410. Declaration of class 1 public nuisance. Except as16
2491+permitted by the "Natural Medicine Health Act of 2022", article 170 of
2492+17
2493+title 12 AUTHORIZED BY SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR18
2494+ARTICLE 50 OF TITLE 44, any store, shop, warehouse, dwelling house,19
2495+building, vehicle, boat, or aircraft or any place whatsoever which THAT20
2496+is frequented by controlled substance addicts for the unlawful use of21
2497+controlled substances or which is used for the unlawful storage,22
2498+manufacture, sale, or distribution of controlled substances is declared to23
2499+be a class 1 public nuisance and subject to the provisions of section24
2500+16-13-303. C.R.S. Any real or personal property which THAT is seized or25
2501+confiscated as a result of an action to abate a public nuisance shall be26
2502+disposed of pursuant to part 7 of article 13 of title 16. C.R.S.27
2503+290
2504+-73- SECTION 28. In Colorado Revised Statutes, 18-18-411, repeal1
2505+(5); and add (3.5) as follows:2
2506+18-18-411. Keeping, maintaining, controlling, renting, or3
2507+making available property for unlawful distribution or manufacture4
2508+of controlled substances. (3.5) I
2509+T IS NOT A VIOLATION OF THIS SECTION5
2510+IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434, ARTICLE6
2511+170
2512+ OF TITLE 12, OR ARTICLE 50 OF TITLE 44.7
2513+(5) A person acting in compliance with the "Natural Medicine
2514+8
2515+Health Act of 2022", article 170 of title 12 does not violate this section.9
2516+SECTION 29. In Colorado Revised Statutes, 18-18-412.7, repeal10
2517+(3); and add (1.5) as follows:11
2518+18-18-412.7. Sale or distribution of materials to manufacture12
2519+controlled substances. (1.5) I
2520+T IS NOT A VIOLATION OF THIS SECTION IF13
2521+A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434, ARTICLE14
2522+170
2523+ OF TITLE 12, OR ARTICLE 50 OF TITLE 44.15
2524+(3) A person acting in compliance with the "Natural Medicine
2525+16
2526+Health Act of 2022", article 170 of title 12 does not violate this section.17
2527+SECTION 30. In Colorado Revised Statutes, 18-18-430.5,18
2528+amend (1)(c) as follows:19
2529+18-18-430.5. Drug paraphernalia - exemption. (1) A person is20
2530+exempt from sections 18-18-425 to 18-18-430 if the person is:21
2531+(c) Using equipment, products, or materials in compliance with22
2532+the "Natural Medicine Health Act of 2022", article 170 of title 1223
2533+SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.24
2534+The manufacture, possession, and distribution of such equipment,25
2535+products, or materials shall be IS authorized within the meaning of 2126
2536+U.S.C. 863 sec. (f).27
2537+290
2538+-74- SECTION 31. In Colorado Revised Statutes, add 18-18-434 as1
2539+follows:2
2540+18-18-434. Offenses relating to natural medicine and natural3
2541+medicine product - definitions. (1) A
2542+ PERSON WHO IS UNDER4
2543+TWENTY-ONE YEARS OF AGE WHO KNOWINGLY POSSESSES OR CONSUMES5
2544+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG6
2545+PETTY OFFENSE AND, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF7
2546+NOT MORE THAN ONE HUNDRED DOLLARS OR NOT MORE T HAN FOUR HOURS8
2547+OF SUBSTANCE USE EDUCATION OR COUNSELING ; EXCEPT THAT A SECOND9
2548+OR SUBSEQUENT CONVICTION FOR A VIOLATION OF THIS SUBSECTION (1) IS10
2549+SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS , NOT MORE11
2550+THAN FOUR HOURS OF SUBSTANCE USE EDUCATION OR COUNSELING , AND12
2551+NOT MORE THAN TWENTY -FOUR HOURS OF USEFUL PUBLIC SERVICE .13
15982552 (2) A
1599- PERSON APPLYING FOR LICENSURE PURSUANT TO THIS ARTICLE
1600-50 MUST COMPLETE FORMS AS PROVIDED BY THE STATE LICENSING
1601-AUTHORITY AND MUST PAY THE APPLICATION FEE AND THE LICENSING FEE
1602-,
1603-WHICH MUST BE CREDITED TO THE REGULATED NATURAL MEDICINE DIVISION
1604-CASH FUND ESTABLISHED PURSUANT TO SECTION
1605-44-50-601. THE STATE
1606-LICENSING AUTHORITY SHALL PRIORITIZE REVIEWING APPLICATIONS FROM
1607-APPLICANTS WHO HAVE ESTABLISHED RESIDENCY IN
1608-COLORADO.
1609-PAGE 31-SENATE BILL 23-290 (3) THIS ARTICLE 50 SETS FORTH THE EXCLUSIVE MEANS THAT
1610-CULTIVATION
1611-, MANUFACTURING , TESTING, STORAGE, DISTRIBUTION,
1612-TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL
1613-MEDICINE AND REGULATED NATURAL MEDICINE PR ODUCT MAY OCCUR IN
1614-THIS STATE
1615-.
1616-(4) (a) N
1617-OTHING IN THIS ARTICLE 50 IS INTENDED TO REQUIRE AN
1618-EMPLOYER TO PERMIT OR ACCOMMODATE THE USE
1619-, CONSUMPTION,
1620-POSSESSION, CULTIVATION, MANUFACTURING , TESTING, STORAGE,
1621-DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF OR
1622-IMPAIRMENT FROM NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IN
1623-THE WORKPLACE OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE
1624-POLICIES RESTRICTING THE USE OF OR IMPAIRMENT FROM NATURAL MEDICINE
1625-OR NATURAL MEDICINE PRODUCT BY EMPLOYEES IN THE WORKPLACE
1626-.
1627-(b) N
1628-OTHING IN THIS ARTICLE 50 PROHIBITS A PERSON, EMPLOYER,
1629-SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION, OR ANY OTHER
1630-ENTITY THAT OCCUPIES
1631-, OWNS, OR CONTROLS A PROPERTY FROM
1632-PROHIBITING OR OTHERWISE REGULATING THE CULTIVATION
1633-,
1634-MANUFACTURING , TESTING, STORAGE, DISTRIBUTION, TRANSPORT,
1635-TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL
1636-MEDICINE PRODUCT ON OR IN THAT PROPERTY
1637-.
1638-(5) (a) A
1639- LOCAL JURISDICTION MAY ENACT ORDINANCES OR
1640-REGULATIONS GOVERNING THE TIME
1641-, PLACE, AND MANNER OF THE
1642-OPERATION OF LICENSES ISSUED PURSUANT TO THIS ARTICLE
1643-50 WITHIN ITS
1644-BOUNDARIES
1645-.
1646-(b) A
1647- LOCAL JURISDICTION MAY NOT PROHIBIT THE ESTABLISHMENT
1648-OR OPERATION OF LICENSES PURSUANT TO THIS ARTICLE
1649-50 WITHIN ITS
1650-BOUNDARIES
1651-.
1652-(c) A
1653- LOCAL JURISDICTION MAY NOT PROHIBIT THE TRANSPORTATION
1654-OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT WITHIN ITS
1655-BOUNDARIES ON PUBLIC ROADS BY A PERSON LICENSED TO EXERCISE SUCH
1656-PRIVILEGES PURSUANT TO THIS ARTICLE
1657-50.
1658-(d) A
1659- LOCAL JURISDICTION MAY NOT ADOPT ORDINANCES OR
1660-REGULATIONS THAT ARE UNREASONABLE OR CONFLICT WITH THIS ARTICLE
1661-50.
1662-PAGE 32-SENATE BILL 23-290 PART 2
1663-STATE LICENSING AUTHORITY
1664-44-50-201. State licensing authority - creation. (1) F
1665-OR THE
1666-PURPOSE OF REGULATING AND LICENSING THE CULTIVATION
1667-,
1668-MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSPORT,
1669-TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL
1670-MEDICINE PRODUCT BY AND BETWEEN NATURAL MEDICINE LICENSEES IN THIS
1671-STATE
1672-, THERE IS CREATED THE STATE LICENSING AUTHORITY , WHICH IS THE
1673-EXECUTIVE DIRECTOR
1674-, OR THE DIRECTOR OF THE NATURAL MEDICINE
1675-DIVISION IF DESIGNATED BY THE EXECUTIVE DIRECTOR
1676-.
1677-(2) T
1678-HE EXECUTIVE DIRECTOR IS THE CHIEF ADMINISTRATIVE OFFICER
1679-OF THE STATE LICENSING AUTHORITY AND MAY EMPLOY
1680-, PURSUANT TO
1681-SECTION
1682-13 OF ARTICLE XII OF THE STATE CONSTITUTION, SUCH OFFICERS
1683-AND EMPLOYEES AS DETERMINED TO BE NECESSARY
1684-. THE OFFICERS AND
1685-EMPLOYEES ARE A PART OF THE DEPARTMENT
1686-.
1687-(3) T
1688-HE EXECUTIVE DIRECTOR OF THE STATE LICENSING AUTHORITY
1689-OR A STATE LICENSING AUTHORITY EMPLOYEE WITH REGULATORY
1690-OVERSIGHT RESPONSIBILITIES FOR THE NATURAL MEDICINE LICENSEES THAT
1691-ARE LICENSED BY THE STATE LICENSING AUTHORITY SHALL NOT WORK FOR
1692-,
1693-REPRESENT, PROVIDE CONSULTING SERVICES TO , OR OTHERWISE DERIVE
1694-PECUNIARY GAIN FROM A NATURAL MEDICINE LICENSEE THAT IS LICENSED
1695-BY THE STATE LICENSING AUTHORITY OR ANY OTHER BUSINESS ESTABLISHED
1696-FOR THE PRIMARY PURPOSE OF PROVIDING SERVICES TO THE NATURAL
1697-MEDICINE INDUSTRY FOR A PERIOD OF SIX MONTHS AFTER THE EMPLOYEE
1698-'S
1699-LAST DAY OF EMPLOYMENT WITH THE STATE LICENSING AUTHORITY
1700-.
1701-44-50-202. Powers and duties of state licensing authority -
1702-report. (1) T
1703-HE STATE LICENSING AUTHORITY SHALL :
1704-(a) B
1705-EGINNING ON OR BEFORE DECEMBER 31, 2024, GRANT OR
1706-REFUSE STATE LICENSES FOR THE CULTIVATION
1707-, MANUFACTURING, TESTING,
1708-STORAGE, DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF
1709-REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
1710-PRODUCT
1711-; SUSPEND, FINE, RESTRICT, OR REVOKE SUCH LICENSES, WHETHER
1712-ACTIVE
1713-, EXPIRED, OR SURRENDERED, UPON A VIOLATION OF THIS ARTICLE 50
1714-OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50; AND IMPOSE ANY
1715-PENALTY AUTHORIZED BY THIS ARTICLE
1716-50 OR A RULE PROMULGATED
1717-PAGE 33-SENATE BILL 23-290 PURSUANT TO THIS ARTICLE 50. THE STATE LICENSING AUTHORITY MAY
1718-TAKE ANY ACTION WITH RESPECT TO A REGISTRATION OR PERMIT PURSUANT
1719-TO THIS ARTICLE
1720-50 AS IT MAY WITH RESPECT TO A LICENSE ISSUED
1721-PURSUANT TO THIS ARTICLE
1722-50, IN ACCORDANCE WITH THE PROCEDURES
1723-ESTABLISHED PURSUANT TO THIS ARTICLE
1724-50.
1725-(b) P
1726-ROMULGATE RULES FOR THE PROPER REGULATION AND CONTROL
1727-OF THE CULTIVATION
1728-, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,
1729-TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL
1730-MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT AND FOR THE
1731-ENFORCEMENT OF THIS ARTICLE
1732-50 AND PROMULGATE AMENDED RULES AND
1733-SUCH SPECIAL RULINGS AND FINDINGS AS NECESSARY
1734-;
1735-(c) C
1736-ONDUCT INVESTIGATIONS AND HEARINGS , GATHER EVIDENCE,
1737-AND PURSUE DISCIPLINARY ACTIONS WITH RESPECT TO LICENSES WHEN THE
1738-STATE LICENSING AUTHORITY HAS REASONABLE CAUSE TO BELIEVE THAT A
1739-PERSON OR ENTITY IS VIOLATING THIS ARTICLE
1740-50 OR A RULE PROMULGATED
1741-PURSUANT TO THIS ARTICLE
1742-50;
1743-(d) (I) P
1744-ETITION A DISTRICT COURT FOR AN INVESTIGATIVE
1745-SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED PURSUANT TO
1746-THIS ARTICLE
1747-50 TO OBTAIN DOCUMENTS OR INFORMATION NECESSARY TO
1748-ENFORCE A PROVISION OF THIS ARTICLE
1749-50 OR A RULE PROMULGATED
1750-PURSUANT TO THIS ARTICLE
1751-50 AFTER REASONABLE EFFORTS HAVE BEEN
1752-MADE TO OBTAIN REQUESTED DOCUMENTS OR INFORMATION WITHOUT A
1753-SUBPOENA
1754-;
1755-(II) A
1756-PPLY TO ANY COURT OF COMPETENT JURISDICTION TO
1757-TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE
1758-ACT IN QUESTION OF A PERSON WHO IS NOT LICENSED PURSUANT TO THIS
1759-ARTICLE
1760-50 AND TO ENFORCE COMPLIANCE WITH THIS ARTICLE 50 OR A RULE
1761-PROMULGATED PURSUANT TO THIS ARTICLE
1762-50 WHENEVER IT APPEARS TO
1763-THE DIRECTOR OF THE NATURAL MEDICINE DIVISION UPON SUFFICIENT
1764-EVIDENCE SATISFACTORY TO THE DIRECTOR OF THE NATURAL MEDICINE
1765-DIVISION THAT A PERSON HAS BEEN OR IS COMMITTING AN ACT PROHIBITED
1766-BY THIS ARTICLE
1767-50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE
1768-50, AND THE ACT:
1769-(A) T
1770-HREATENS PUBLIC HEALTH OR SAFETY ; OR
1771-PAGE 34-SENATE BILL 23-290 (B) CONSTITUTES AN UNLAWFUL ACT FOR WHICH THE PERSON DOES
1772-NOT HOLD THE REQUIRED LICENSE PURSUANT TO THIS ARTICLE
1773-50;
1774-(e) H
1775-EAR AND DETERMINE AT A PUBLIC HEARING ANY CONTESTED
1776-STATE LICENSE DENIAL AND ANY COMPLAINTS AGAINST A LICENSEE
1777-, AND
1778-ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF
1779-PERSONS AND THE PRODUCTION OF PAPERS
1780-, BOOKS, AND RECORDS
1781-NECESSARY TO THE DETERMINATION OF ANY HEARING SO HELD
1782-, ALL IN
1783-ACCORDANCE WITH ARTICLE
1784-4 OF TITLE 24. THE STATE LICENSING
1785-AUTHORITY MAY
1786-, IN ITS DISCRETION, DELEGATE TO THE DEPARTMENT 'S
1787-HEARING OFFICERS THE AUTHORITY TO CONDUCT LICENSING
1788-, DISCIPLINARY,
1789-AND RULE-MAKING HEARINGS PURSUANT TO SECTION 24-4-105. WHEN
1790-CONDUCTING THE HEARINGS
1791-, THE HEARING OFFICERS ARE EMPLOYEES OF THE
1792-STATE LICENSING AUTHORITY UNDER THE DIRECTION AND SUPERVISION OF
1793-THE EXECUTIVE DIRECTOR AND THE STATE LICENSING AUTHORITY
1794-.
1795-(f) D
1796-EVELOP FORMS, LICENSES, IDENTIFICATION CARDS, AND
1797-APPLICATIONS AS NECESSARY OR CONVENIENT IN THE DISCRETION OF THE
1798-STATE LICENSING AUTHORITY FOR THE ADMINISTRATION OF THIS ARTICLE
1799-50
1800-OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50;
1801-(g) I
1802-N COORDINATION WITH THE DIVISION OF PROFESSIONS AND
1803-OCCUPATIONS WITHIN THE DEPARTMENT OF REGULATORY AGENCIES
1804-PURSUANT TO SECTION
1805-12-170-105 (1)(j), ANNUALLY PUBLISH A PUBLICLY
1806-AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND
1807-ADMINISTRATION OF THIS ARTICLE
1808-50 AND ARTICLE 170 OF TITLE 12. THE
1809-REPORT MUST USE RELEVANT DATA
1810-, AS DETERMINED BY THE STATE
1811-LICENSING AUTHORITY AND THE DIRECTOR
1812-, AND MUST NOT DISCLOSE THE
1813-IDENTITY OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT COULD
1814-DISCLOSE THE IDENTITY OF A PARTICIPANT
1815-.
1816-(h) D
1817-EVELOP AND PROMOTE ACCURATE PUBLIC EDUCATION
1818-CAMPAIGNS RELATED TO THE USE OF NATURAL MEDICINE OR NATURAL
1819-MEDICINE PRODUCT
1820-, INCLUDING PUBLIC SERVICE ANNOUNCEMENTS ,
1821-EDUCATIONAL MATERIALS, AND APPROPRIATE CRISIS RESPONSE MATERIALS,
1822-AND DEVELOP AND PROMOTE TRAINING MATERIALS FOR FIRST RESPONDERS
1823-AND MULTI
1824--RESPONDERS, INCLUDING LAW ENFORCEMENT , EMERGENCY
1825-MEDICAL PROVIDERS
1826-, SOCIAL SERVICES PROVIDERS, AND FIRE FIGHTERS.
1827-(2) N
1828-OTHING IN THIS ARTICLE 50 DELEGATES TO THE STATE
1829-PAGE 35-SENATE BILL 23-290 LICENSING AUTHORITY THE POWER TO FIX PRICES FOR REGULATED NATURAL
1830-MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT
1831-.
1832-(3) N
1833-OTHING IN THIS ARTICLE 50 LIMITS A LAW ENFORCEMENT
1834-AGENCY
1835-'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO A
1836-NATURAL MEDICINE LICENSEE
1837-. A LAW ENFORCEMENT AGENCY HAS THE
1838-AUTHORITY TO RUN A
1839-COLORADO CRIME INFORMATION CENTER CRIMINAL
1840-HISTORY RECORD CHECK OF A LICENSEE OR EMPLOYEE OF A LICENSEE
1841-DURING AN INVESTIGATION OF UNLAWFUL ACTIVITY RELATED TO NATURAL
1842-MEDICINE OR NATURAL MEDICINE PRODUCT
1843-.
1844-(4) T
1845-HE STATE LICENSING AUTHORITY SHALL COORDINATE WITH THE
1846-EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND
1847-ENVIRONMENT CONCERNING THE ESTABLISHMENT OF STANDARDS FOR
1848-LICENSING LABORATORIES PURSUANT TO THE REQUIREMENTS OUTLINED IN
1849-SECTION
1850-25-1.5-120 FOR REGULATED NATURAL MEDICINE AND REGULATED
1851-NATURAL MEDICINE PRODUCT
1852-.
1853-(5) T
1854-HE STATE LICENSING AUTHORITY SHALL , WHEN FINANCIALLY
1855-FEASIBLE
1856-, ESTABLISH PROCEDURES, POLICIES, AND PROGRAMS TO ENSURE
1857-THIS ARTICLE
1858-50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50
1859-ARE EQUITABLE AND INCLUSIVE, PROMOTE THE LICENSING, REGISTRATION,
1860-AND PERMITTING OF, AND PROVISION OF NATURAL MEDICINE AND NATURAL
1861-MEDICINE PRODUCT TO
1862-, PERSONS FROM COMMUNITIES THAT HAVE BEEN
1863-DISPROPORTIONATELY HARMED BY HIGH RATES OF ARREST FOR CONTROLLED
1864-SUBSTANCES
1865-, PERSONS WHO FACE BARRIERS TO HEALTH -CARE ACCESS,
1866-PERSONS WHO HAVE TRADITIONAL , TRIBAL, OR INDIGENOUS HISTORY WITH
1867-NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
1868-, OR TO PERSONS WHO
1869-ARE VETERANS
1870-. THE STATE LICENSING AUTHORITY MAY CONSULT THE
1871-BOARD WHEN CONSIDERING PROCEDURES
1872-, POLICIES, AND PROGRAMS
1873-PURSUANT TO THIS SUBSECTION
1874-(5).
1875-(6) T
1876-HE STATE LICENSING AUTHORITY HAS AUTHORITY TO COLLECT
1877-AVAILABLE AND RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS AND
1878-DUTIES NECESSARY TO ADMINISTER THIS ARTICLE
1879-50.
1880-(7) T
1881-HE STATE LICENSING AUTHORITY , IN COORDINATION WITH
1882-OTHER RELEVANT AGENCIES
1883-, SHALL REQUEST AVAILABLE AND RELEVANT
1884-DATA CONCERNING LAW ENFORCEMENT INCIDENCES
1885-, ADVERSE HEALTH
1886-EVENTS
1887-, IMPACTS TO HEALTH CARE SYSTEMS , CONSUMER PROTECTION
1888-PAGE 36-SENATE BILL 23-290 CLAIMS, AND BEHAVIORAL HEALTH IMPACTS RELATED TO NATURAL
1889-MEDICINE
1890-, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE
1891-BUSINESSES
1892-. THE STATE LICENSING AUTHORITY SHALL INCLUDE THE
1893-AVAILABLE AND RELEVANT DATA IN THE REPORT REQUIRED PURSUANT TO
1894-SUBSECTION
1895- (1)(g) OF THIS SECTION.
1896-(8) T
1897-HE STATE LICENSING AUTHORITY SHALL PERFORM OTHER
1898-FUNCTIONS AND DUTIES NECESSARY TO ADMINISTER THIS ARTICLE
1899-50.
1900-44-50-203. State licensing authority - rules - legislative
1901-declaration. (1) Mandatory rule-making. R
1902-ULES PROMULGATED
1903-PURSUANT TO SECTION
1904-44-50-202 (1)(b) MUST INCLUDE THE FOLLOWING
1905-SUBJECTS
1906-:
1907-(a) P
1908-ROCEDURES AND REQUIREMENTS CONSISTENT WITH THIS
1909-ARTICLE
1910-50 FOR THE ISSUANCE, DENIAL, RENEWAL, REINSTATEMENT,
1911-MODIFICATION, SUSPENSION, AND REVOCATION OF LICENSES;
1912-(b) O
1913-VERSIGHT REQUIREMENTS FOR LICENSEES ;
1914-(c) A
1915- SCHEDULE OF APPLICATION, LICENSING, AND RENEWAL FEES
1916-FOR LICENSES
1917-;
1918-(d) Q
1919-UALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR
1920-LICENSURE PURSUANT TO THIS ARTICLE
1921-50, INCLUDING CONTINUING
1922-ELIGIBILITY EXPECTATIONS
1923-, INCLUDING TIMELY PAYING TAXES OWED TO THE
1924-DEPARTMENT OF REVENUE
1925-, TIMELY FILING TAX RETURNS , AND TIMELY
1926-CURING ANY TAX DEFICIENCIES
1927-, AND AUTHORIZATION FOR THE DEPARTMENT
1928-OF REVENUE TO HAVE ACCESS TO LICENSING INFORMATION TO ENSURE TAX
1929-PAYMENT FOR THE EFFECTIVE ADMINISTRATION OF THIS ARTICLE
1930-50;
1931-(e) P
1932-ERMISSIBLE AND PROHIBITED FINANCIAL INTERESTS IN A LICENSE
1933-ISSUED PURSUANT TO THIS ARTICLE
1934-50 OR A LICENSE ISSUED PURSUANT TO
1935-ARTICLE
1936-170 OF TITLE 12; EXCEPT THAT A PERSON MAY NOT HAVE A
1937-FINANCIAL INTEREST IN MORE THAN FIVE NATURAL MEDICINE BUSINESS
1938-LICENSES
1939-;
1940-(f) (I) E
1941-STABLISHMENT OF A NATURAL MEDICINE INDEPENDENT
1942-TESTING AND CERTIFICATION PROGRAM FOR LICENSEES WITHIN AN
1943-IMPLEMENTATION TIME FRAME ESTABLISHED BY THE DIVISION
1944-, REQUIRING
1945-PAGE 37-SENATE BILL 23-290 LICENSEES TO TEST REGULATED NATURAL MEDICINE AND REGULATED
1946-NATURAL MEDICINE PRODUCT TO ENSURE
1947-, AT A MINIMUM, THAT REGULATED
1948-NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT
1949-TRANSFERRED FOR HUMAN CONSUMPTION BY PERSONS LICENSED PURSUANT
1950-TO THIS ARTICLE
1951-50 DO NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS
1952-TO HEALTH AND TO ENSURE CORRECT LABELING
1953-, AS WELL AS:
1954-(A) C
1955-ERTIFICATION REQUIREMENTS FOR LABORATORIES THAT TEST
1956-REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE
1957-PRODUCT
1958-, AND REQUIREMENTS THAT THE TEST RESULTS PRODUCED BY A
1959-LABORATORY MUST NOT BE USED UNLESS THE LABORATORY IS CERTIFIED
1960-;
1961-(B) T
1962-ESTING PROCEDURES AND FREQUENCY OF REGULATED NATURAL
1963-MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BY LICENSEES
1964-;
1965-(C) W
1966-HETHER TO ALLOW FOR ANY NATURAL PERSON TO REQUEST
1967-AND UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL
1968-MEDICINE PRODUCT IF THE NATURAL PERSON IS TWENTY
1969--ONE YEARS OF AGE
1970-OR OLDER
1971-;
1972-(D) D
1973-EFINITIONS, PERMISSIONS, AND PROHIBITIONS CONCERNING
1974-CONFLICTS OF INTEREST RELATED TO
1975-, AND ECONOMIC INTERESTS FOR ,
1976-PERSONS WHO OWN OR ARE ASSOCIATED WITH A NATURAL MEDICINE TESTING
1977-LICENSE AND OTHER LICENSES
1978-; AND
1979-(E) PROCEDURES AND REQUIREMENTS NECESSARY TO FACILITATE
1980-THE COORDINATION OF DUTIES WITH RESPECT TO THE NATURAL MEDICINE
1981-TESTING AND CERTIFICATION PROGRAM WITH THE DEPARTMENT OF PUBLIC
1982-HEALTH AND ENVIRONMENT
1983-.
1984-(II) T
1985-HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
1986-PURSUANT TO THIS SUBSECTION
1987- (1)(f) IN COORDINATION WITH THE
1988-DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO ENSURE
1989-CONSISTENCY BETWEEN RULES
1990-.
1991-(g) T
1992-HE REGULATION OF A LICENSED PREMISES , INCLUDING RULES
1993-THAT ALLOW A NATURAL MEDICINE HEALING CENTER LICENSEE
1994-'S LICENSED
1995-PREMISES TO BE CO
1996--LOCATED WITH ANOTHER NATURAL MEDICINE HEALING
1997-CENTER LICENSEE
1998-'S LICENSED PREMISES OR A HEALTH-CARE FACILITY;
1999-PAGE 38-SENATE BILL 23-290 (h) REQUIREMENTS FOR THE TRANSPORTATION OF REGULATED
2000-NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT
2001-,
2002-INCLUDING:
2003-(I) S
2004-ECURITY REQUIREMENTS;
2005-(II) T
2006-RANSPORTATION VEHICLE REQUIREMENTS , INCLUDING
2007-REQUIREMENTS FOR SURVEILLANCE
2008-;
2009-(III) L
2010-IMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE
2011-AND REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE CARRIED IN A
2012-TRANSPORTATION VEHICLE
2013-;
2014-(IV) R
2015-ECORD-KEEPING REQUIREMENTS; AND
2016-(V) TRANSPORTATION MANIFEST REQUIREMENTS ;
2017-(i) L
2018-IMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE AND
2019-REGULATED NATURAL MEDICINE PRODUCT THAT IS ALLOWED FOR
2020-PRODUCTION BY A NATURAL MEDICINE CULTIVATION FACILITY LICENSE OR
2021-NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE BASED ON A METRIC
2022-OR SET OF METRICS
2023-. WHEN CONSIDERING ANY LIMITATIONS , THE STATE
2024-LICENSING AUTHORITY SHALL CONSIDER THE TOTAL CURRENT AND
2025-ANTICIPATED DEMAND FOR REGULATED NATURAL MEDICINE AND
2026-REGULATED NATURAL MEDICINE PRODUCT IN
2027-COLORADO AND ATTEMPT TO
2028-MINIMIZE THE MARKET FOR UNLAWFUL NATURAL MEDICINE AND NATURAL
2029-MEDICINE PRODUCT
2030-.
2031-(j) R
2032-ECORDS TO BE KEPT BY LICENSEES AND THE REQUIRED
2033-AVAILABILITY OF THE RECORDS FOR INSPECTION BY THE STATE LICENSING
2034-AUTHORITY
2035-;
2036-(k) R
2037-EQUIREMENTS TO PREVENT THE TRANSFER OR DIVERSION OF
2038-NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT TO PERSONS UNDER
2039-TWENTY
2040--ONE YEARS OF AGE;
2041-(l) P
2042-ERMITTED AND PROHIBITED TRANSFERS OF REGULATED NATURAL
2043-MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BETWEEN
2044-LICENSEES
2045-;
2046-PAGE 39-SENATE BILL 23-290 (m) STANDARDS FOR ADVERTISING AND MARKETING A LICENSEE 'S
2047-SERVICES
2048-, INCLUDING: AVOIDING THE MISAPPROPRIATION AND
2049-EXPLOITATION OF THE FEDERALLY RECOGNIZED
2050-AMERICAN TRIBES, AS
2051-DEFINED IN SECTION
2052-12-170-104 (7), AND INDIGENOUS PEOPLE ,
2053-COMMUNITIES, CULTURES, AND RELIGIONS; AVOIDING THE EXCESSIVE
2054-COMMERCIALIZATION OF NATURAL MEDICINE
2055-, NATURAL MEDICINE PRODUCT,
2056-AND NATURAL MEDICINE SERVICES ; PROHIBITING ADVERTISING AND
2057-MARKETING OF NATURAL MEDICINE
2058-, NATURAL MEDICINE PRODUCT , AND
2059-NATURAL MEDICINE SERVICES DIRECTED TO INDIVIDUALS WHO ARE UNDER
2060-TWENTY
2061--ONE YEARS OF AGE ; AND OTHER PARAMETERS DETERMINED
2062-NECESSARY BY THE STATE LICENSING AUTHORITY
2063-.
2064-(n) T
2065-HE STANDARDS FOR QUALIFICATION AS A LICENSEE , INCLUDING
2066-ENVIRONMENTAL
2067-, SOCIAL, AND GOVERNANCE CRITERIA DIRECTED TO THE
2068-FINDINGS AND DECLARATIONS SET FORTH IN SECTION
2069-12-170-102.
2070-(2) Permissive rule-making. R
2071-ULES PROMULGATED PURSUANT TO
2072-SECTION
2073-44-50-202 (1)(b) MAY INCLUDE, BUT NEED NOT BE LIMITED TO, THE
2074-FOLLOWING SUBJECTS
2075-:
2076-(a) E
2077-STABLISHMENT OF LICENSES , AND THE PRIVILEGES AND
2078-RESTRICTIONS PURSUANT TO SUCH LICENSES
2079-, DETERMINED NECESSARY BY
2080-THE STATE LICENSING AUTHORITY TO IMPLEMENT OR ADMINISTER THIS
2081-ARTICLE
2082-50;
2083-(b) E
2084-STABLISHMENT OF A PRINCIPLE FILE PROCESS AND
2085-REQUIREMENTS FOR AN APPLICANT SEEKING TO EXERCISE THE PRIVILEGES OF
2086-A LICENSE TYPE IN MULTIPLE LOCATIONS OR SEEKING TO EXERCISE THE
2087-PRIVILEGES OF MULTIPLE LICENSE TYPES
2088-;
2089-(c) R
2090-EQUIREMENTS FOR ISSUANCE OF CO -LOCATION PERMITS TO A
2091-LICENSEE AUTHORIZING CO
2092--LOCATION WITH ANOTHER LICENSED PREMISES ;
2093-(d) R
2094-EQUIREMENTS AND RESTRICTIONS ON DIFFERENT TYPES OF
2095-REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
2096-PRODUCT
2097-;
2098-(e) P
2099-ACKAGING AND LABELING REQUIREMENTS FOR REGULATED
2100-NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT
2101-,
2102-INCLUDING:
2103-PAGE 40-SENATE BILL 23-290 (I) WARNING LABELS;
2104-(II) I
2105-NDIVIDUAL SERVING AND PER-PACKAGE SERVING AMOUNTS ;
2106-AND
2107-(III) CONCENTRATION OF THE REGULATED NATURAL MEDICINE OR
2108-REGULATED NATURAL MEDICINE PRODUCT
2109-;
2110-(f) S
2111-ECURITY REQUIREMENTS FOR LICENSED PREMISES , INCLUDING
2112-LIGHTING
2113-, PHYSICAL SECURITY, VIDEO, AND ALARM REQUIREMENTS , AND
2114-OTHER MINIMUM PROCEDURES FOR INTERNAL CONTROL AS DEEMED
2115-NECESSARY BY THE STATE LICENSING AUTHORITY TO PROPERLY ADMINISTER
2116-AND ENFORCE THE PROVISIONS OF THIS ARTICLE
2117-50, INCLUDING REPORTING
2118-REQUIREMENTS FOR CHANGES
2119-, ALTERATIONS, MODIFICATIONS TO THE
2120-PREMISES
2121-, OR ACTIVITIES OR INCIDENTS ON THE PREMISES;
2122-(g) H
2123-EALTH AND SAFETY REGULATIONS AND STANDARDS ;
2124-(h) S
2125-ANITARY REQUIREMENTS;
2126-(i) W
2127-ASTE, DISPOSAL, AND DESTRUCTION REQUIREMENTS OF
2128-REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
2129-PRODUCT
2130-, INCLUDING RECORD-KEEPING REQUIREMENTS;
2131-(j) S
2132-TORAGE AND TRANSPORTATION OF REGULATED NATURAL
2133-MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT
2134-;
2135-(k) R
2136-EQUIREMENTS OF LICENSEES TO TRACK AND MANAGE
2137-INVENTORY
2138-;
2139-(l) C
2140-OMPLIANCE WITH, ENFORCEMENT OF, OR VIOLATION OF ANY
2141-PROVISION OF THIS ARTICLE
2142-50, ARTICLE 18 OF TITLE 18, OR ANY RULE
2143-PROMULGATED PURSUANT TO THIS ARTICLE
2144-50, INCLUDING PROCEDURES AND
2145-GROUNDS FOR DENYING
2146-, SUSPENDING, FINING, MODIFYING, RESTRICTING, OR
2147-REVOKING A STATE LICENSE ISSUED PURSUANT TO THIS ARTICLE
2148-50 OR ANY
2149-RULE PROMULGATED PURSUANT TO THIS ARTICLE
2150-50;
2151-(m) E
2152-STABLISHING A SCHEDULE OF PENALTIES FOR ALLEGED
2153-VIOLATIONS OF STATUTES AND RULES
2154-;
2155-PAGE 41-SENATE BILL 23-290 (n) SPECIFICATIONS OF DUTIES OF OFFICERS AND EMPLOYEES OF THE
2156-STATE LICENSING AUTHORITY
2157-;
2158-(o) G
2159-UIDANCE FOR LAW ENFORCEMENT OFFICERS ;
2160-(p) R
2161-EQUIREMENTS FOR INSPECTIONS, INVESTIGATIONS, SEARCHES,
2162-SEIZURES, FORFEITURES, EMBARGO, QUARANTINE, RECALLS, AND SUCH
2163-ADDITIONAL ACTIVITIES AS MAY BECOME NECESSARY
2164-;
2165-(q) P
2166-ROHIBITION OF MISREPRESENTATION AND UNFAIR PRACTICES ;
2167-AND
2168-(r) SUCH OTHER MATTERS AS ARE NECESSARY FOR THE FAIR ,
2169-IMPARTIAL, STRINGENT, AND COMPREHENSIVE ADMINISTRATION OF THIS
2170-ARTICLE
2171-50.
2172-(3) T
2173-HE STATE LICENSING AUTHORITY SHALL CONSULT THE BOARD
2174-WHEN CONSIDERING AND PROMULGATING RULES PURSUANT TO THIS
2175-SECTION
2176-.
2177-(4) (a) T
2178-HE STATE LICENSING AUTHORITY MAY , BY RULE, ESTABLISH
2179-PROCEDURES FOR THE CONDITIONAL ISSUANCE OF AN EMPLOYEE LICENSE
2180-IDENTIFICATION CARD AT THE TIME OF APPLICATION
2181-.
2182-(b) (I) T
2183-HE STATE LICENSING AUTHORITY SHALL BASE ITS ISSUANCE
2184-OF AN EMPLOYEE LICENSE IDENTIFICATION CARD PURSUANT TO THIS
2185-SUBSECTION
2186-(4) ON THE RESULTS OF AN INITIAL INVESTIGATION THAT
2187-DEMONSTRATES THE APPLICANT IS QUALIFIED TO HOLD A LICENSE
2188-. THE
2189-EMPLOYEE LICENSE APPLICATION FOR WHICH AN EMPLOYEE LICENSE
2190-IDENTIFICATION CARD WAS ISSUED PURSUANT TO THIS SUBSECTION
2191-(4)
2192-REMAINS SUBJECT TO DENIAL PENDING THE COMPLETE RESULTS OF THE
2193-APPLICANT
2194-'S INITIAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD
2195-CHECK
2196-.
2197-(II) R
2198-ESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
2199-CHECK THAT DEMONSTRATE THAT AN APPLICANT POSSESSING AN EMPLOYEE
2200-LICENSE IDENTIFICATION CARD PURSUANT TO THIS SUBSECTION
2201-(4) IS NOT
2202-QUALIFIED TO HOLD A LICENSE ISSUED PURSUANT TO THIS ARTICLE
2203-50 ARE
2204-GROUNDS FOR DENIAL OF THE EMPLOYEE LICENSE APPLICATION
2205-. IF THE
2206-EMPLOYEE LICENSE APPLICATION IS DENIED
2207-, THE APPLICANT SHALL RETURN
2208-PAGE 42-SENATE BILL 23-290 THE EMPLOYEE LICENSE IDENTIFICATION CARD TO THE STATE LICENSING
2209-AUTHORITY WITHIN A TIME PERIOD THAT THE STATE LICENSING AUTHORITY
2210-ESTABLISHES BY RULE
2211-.
2212-(III) T
2213-HE STATE LICENSING AUTHORITY SHALL REQUIRE THE
2214-APPLICANT TO HAVE THE APPLICANT
2215-'S FINGERPRINTS TAKEN BY A LOCAL
2216-LAW ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE
2217-COLORADO BUREAU OF INVESTIGATION . IF AN APPROVED THIRD PARTY
2218-TAKES THE APPLICANT
2219-'S FINGERPRINTS, THE FINGERPRINTS MAY BE
2220-ELECTRONICALLY CAPTURED USING THE
2221-COLORADO BUREAU OF
2222-INVESTIGATION
2223-'S APPROVED LIFESCAN EQUIPMENT . A THIRD PARTY SHALL
2224-NOT KEEP THE APPLICANT INFORMATION FOR MORE THAN THIRTY DAYS
2225-UNLESS REQUESTED BY THE APPLICANT
2226-. THE STATE LICENSING AUTHORITY
2227-SHALL SEND THE APPLICANT
2228-'S FINGERPRINTS TO THE COLORADO BUREAU OF
2229-INVESTIGATION FOR THE PURPOSE OF FINGERPRINT PROCESSING BY UTILIZING
2230-THE FILES AND RECORDS OF THE
2231-COLORADO BUREAU OF INVESTIGATION AND
2232-THE FEDERAL BUREAU OF INVESTIGATION
2233-.
2234-44-50-204. Confidentiality. (1) T
2235-HE STATE LICENSING AUTHORITY
2236-SHALL MAINTAIN THE CONFIDENTIALITY OF
2237-:
2238-(a) R
2239-EPORTS OR OTHER INFORMATION OBTAINED FROM A LICENSEE
2240-OR A LICENSE APPLICANT CONTAINING ANY INDIVIDUALIZED DATA
2241-,
2242-INFORMATION, OR RECORDS RELATED TO THE APPLICANT ; LICENSEE;
2243-LICENSEE'S OPERATION, INCLUDING SALES INFORMATION, LEASES, BUSINESS
2244-ORGANIZATION RECORDS
2245-, FINANCIAL RECORDS, TAX RETURNS, CREDIT
2246-REPORTS
2247-, CULTIVATION INFORMATION , TESTING RESULTS, AND SECURITY
2248-INFORMATION AND PLANS
2249-; ANY PARTICIPANT INFORMATION; OR ANY OTHER
2250-RECORDS THAT ARE EXEMPT FROM PUBLIC INSPECTION PURSUANT TO STATE
2251-LAW
2252-. SUCH REPORTS OR OTHER INFORMATION MAY BE USED ONLY FOR A
2253-PURPOSE AUTHORIZED BY THIS ARTICLE
2254-50 OR A RULE PROMULGATED
2255-PURSUANT TO THIS ARTICLE
2256-50 FOR INVESTIGATION OR ENFORCEMENT OF
2257-ANY INTERNATIONAL
2258-, FEDERAL, STATE, OR LOCAL SECURITIES LAW OR
2259-REGULATION
2260-, OR FOR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT
2261-PURPOSE
2262-. ANY INFORMATION RELEASED RELATED TO A PARTICIPANT MAY BE
2263-USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE
2264-50, AS A PART OF
2265-AN ACTIVE INVESTIGATION
2266-, AS A PART OF A PROCEEDING AUTHORIZED BY
2267-THIS ARTICLE
2268-50, OR FOR ANY STATE OR LOCAL LAW ENFORCEMENT PURPOSE
2269-INVOLVING EVIDENCE OF SALES TRANSACTIONS IN VIOLATION OF THIS
2270-ARTICLE
2271-50 OR EVIDENCE OF CRIMINAL ACTIVITY . THE INFORMATION OR
2272-PAGE 43-SENATE BILL 23-290 RECORDS RELATED TO A PARTICIPANT CONSTITUTE MEDICAL DATA AS
2273-DESCRIBED BY SECTION
2274-24-72-204 (3)(a)(I), AND THE INFORMATION OR
2275-RECORDS MAY ONLY BE DISCLOSED TO THOSE PERSONS DIRECTLY INVOLVED
2276-WITH AN ACTIVE INVESTIGATION OR PROCEEDING
2277-.
2278-(b) I
2279-NVESTIGATIVE RECORDS AND DOCUMENTS RELATED TO ONGOING
2280-INVESTIGATIONS
2281-. THOSE RECORDS AND DOCUMENTS MAY BE USED ONLY FOR
2282-A PURPOSE AUTHORIZED BY THIS ARTICLE
2283-50 OR RULES PROMULGATED BY
2284-THIS ARTICLE
2285-50, OR FOR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT
2286-PURPOSE
2287-.
2288-(c) C
2289-OMPUTER SYSTEMS MAINTAINED BY THE STATE LICENSING
2290-AUTHORITY AND THE VE NDORS WITH WHICH THE STATE LICENSING
2291-AUTHORITY HAS CONTRACTED
2292-.
2293-(2) T
2294-HE STATE LICENSING AUTHORITY SHALL MAKE AVAILABLE FOR
2295-PUBLIC INSPECTION
2296-:
2297-(a) D
2298-OCUMENTS RELATED TO FINAL AGENCY ACTIONS AND ORDERS ;
2299-(b) R
2300-ECORDS RELATED TO TESTING ON AN AGGREGATED AND
2301-DE
2302--IDENTIFIED BASIS;
2303-(c) D
2304-EMOGRAPHIC INFORMATION RELATED TO APPLICANTS AND
2305-LICENSEES AVAILABLE ON AN AGGREGATED AND DE
2306--IDENTIFIED BASIS; AND
2307-(d) ENFORCEMENT FORMS AND COMPLIANCE CHECKLISTS .
2308-PART 3
2309-LICENSE TYPES
2310-44-50-301. Classes of licenses. (1) F
2311-OR THE PURPOSE OF
2312-REGULATING THE CULTIVATION
2313-, MANUFACTURING, TESTING, STORAGE,
2314-DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED
2315-NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT
2316-, THE
2317-STATE LICENSING AUTHORITY IN ITS DISCRETION
2318-, UPON APPLICATION IN THE
2319-PRESCRIBED FORM
2320-, MAY ISSUE AND GRANT TO THE APPLICANT A LICENSE
2321-FROM ANY OF THE CLASSES LISTED IN SUBSECTION
2322-(2) OF THIS SECTION,
2323-SUBJECT TO THE PROVISIONS AND RESTRICTIONS PROVIDED BY THIS ARTICLE
2324-50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50.
2325-PAGE 44-SENATE BILL 23-290 (2) (a) THE FOLLOWING ARE NATURAL MEDICINE BUSINESS LICENSES :
2326-(I) N
2327-ATURAL MEDICINE HEALING CENTER LICENSE ;
2328-(II) N
2329-ATURAL MEDICINE CULTIVATION FACILITY LICENSE ;
2330-(III) N
2331-ATURAL MEDICINE PRODUCT MANUFACTURER LICENSE ;
2332-(IV) N
2333-ATURAL MEDICINE TESTING FACILITY LICENSE ; AND
2334-(V) ANY NATURAL MEDICINE BUSINESS LICENSE DETERMINED
2335-NECESSARY BY THE STATE LICENSING AUTHORITY
2336-.
2337-(b) T
2338-HE FOLLOWING ARE NATURAL MEDICINE LICENSES OR
2339-REGISTRATIONS
2340-: OCCUPATIONAL LICENSES AND REGISTRATIONS FOR
2341-OWNERS
2342-, MANAGERS, OPERATORS, EMPLOYEES, CONTRACTORS, AND OTHER
2343-SUPPORT STAFF EMPLOYED BY
2344-, WORKING IN, OR HAVING ACCESS TO
2345-RESTRICTED AREAS OF THE LICENSED PREMISES
2346-, AS DETERMINED BY THE
2347-STATE LICENSING AUTHORITY
2348-. THE STATE LICENSING AUTHORITY MAY TAKE
2349-ANY ACTION WITH RESPECT TO A REGISTRATION OR PERMIT PURSUANT TO
2350-THIS ARTICLE
2351-50 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50 AS
2352-IT MAY
2353-, WITH RESPECT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50
2354-OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50 IN ACCORDANCE
2355-WITH THE PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE
2356-50 OR
2357-RULES PROMULGATED PURSUANT TO THIS ARTICLE
2358-50.
2359-(3) A
2360- STATE CHARTERED BANK OR A CREDIT UNION MAY LOAN
2361-MONEY TO ANY PERSON LICENSED PURSUANT TO THIS ARTICLE
2362-50 OR RULES
2363-PROMULGATED PURSUANT TO THIS ARTICLE
2364-50 FOR THE OPERATION OF A
2365-LICENSED NATURAL MEDICINE BUSINESS
2366-.
2367-(4) A
2368- PERSON MAY NOT OPERATE A LICENSE ISSUED PURSUANT TO
2369-THIS ARTICLE
2370-50 AT THE SAME LOCATION AS A LICENSE OR PERMIT ISSUED
2371-PURSUANT TO ARTICLE
2372-3, 4, 5, OR 10 OF THIS TITLE 44.
2373-44-50-302. Restrictions for applications for new licenses. (1) T
2374-HE
2375-STATE LICENSING AUTHORITY SHALL NOT RECEIVE OR ACT UPON AN
2376-APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS LICENSE
2377-PURSUANT TO THIS ARTICLE
2378-50:
2379-PAGE 45-SENATE BILL 23-290 (a) IF THE APPLICATION FOR A LICENSE CONCERNS A PARTICULAR
2380-LOCATION THAT IS THE SAME AS OR WITHIN ONE THOUSAND FEET OF A
2381-LOCATION FOR WHICH
2382-, WITHIN THE TWO YEARS IMMEDIATELY PRECEDING
2383-THE DATE OF THE APPLICATION
2384-, THE STATE LICENSING AUTHORITY DENIED
2385-AN APPLICATION FOR THE SAME CLASS OF LICENSE DUE TO THE NATURE OF
2386-THE USE OR OTHER CONCERN RELATED TO THE LOCATION
2387-;
2388-(b) U
2389-NTIL IT IS ESTABLISHED THAT THE APPLICANT IS, OR WILL BE,
2390-ENTITLED TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS MADE
2391-UNDER A LEASE
2392-, RENTAL AGREEMENT , OR OTHER ARRANGEMENT FOR
2393-POSSESSION OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE
2394-PREMISES
2395-;
2396-(c) F
2397-OR A LOCATION IN AN AREA WHERE THE CULTIVATION ,
2398-MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSFER, AND
2399-DISPENSATION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS
2400-CONTEMPLATED IS NOT PERMITTED UNDER THE APPLICABLE ZONING LAWS OF
2401-THE LOCAL JURISDICTION
2402-;
2403-(d) (I) I
2404-F THE BUILDING WHERE NATURAL MEDICINE SERVICES ARE
2405-PROVIDED IS WITHIN ONE THOUS AND FEET OF A CHILD CARE CENTER
2406-;
2407-PRESCHOOL; ELEMENTARY, MIDDLE, JUNIOR, OR HIGH SCHOOL; OR A
2408-RESIDENTIAL CHILD CARE FACILITY
2409-. THE PROVISIONS OF THIS SECTION DO
2410-NOT AFFECT THE RENEWAL OR REISSUANCE OF A LICENSE ONCE GRANTED OR
2411-APPLY TO LICENSED PREMISES LOCATED OR TO BE LOCATED ON LAND OWNED
2412-BY A MUNICIPALITY
2413-, NOR DO THE PROVISIONS OF THIS SECTION APPLY TO AN
2414-EXISTING LICENSED PREMISES ON LAND OWNED BY THE STATE OR APPLY TO
2415-A LICENSE IN EFFECT AND ACTIVELY DOING BUSINESS BEFORE THE SCHOOL
2416-OR FACILITY WAS CONSTRUCTED
2417-. THE GOVERNING BODY OF A MUNICIPALITY,
2418-BY ORDINANCE; AND THE GOVERNING BODY OF A COUNTY , BY RESOLUTION,
2419-MAY VARY THE DISTANCE RESTRICTIONS IMPOSED BY THIS SUBSECTION
2420-(1)(d)(I) FOR A LICENSE OR MAY ELIMINATE ONE OR MORE TYPES OF SCHOOLS
2421-OR FACILITIES FROM THE APPLICATION OF A DISTANCE RESTRICTION
2422-ESTABLISHED BY OR PURSUANT TO THIS SUBSECTION
2423- (1)(d)(I).
2424-(II) T
2425-HE DISTANCES REFERRED TO IN THIS SUBSECTION (1)(d) MUST
2426-BE COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST PROPERTY LINE
2427-OF THE LAND USED FOR A SCHOOL OR FACILITY TO THE NEAREST PORTION OF
2428-THE BUILDING IN WHICH NATURAL MEDICINE SERVICES ARE PROVIDED
2429-, USING
2430-A ROUTE OF DIRECT PEDESTRIAN ACCESS
2431-.
2432-PAGE 46-SENATE BILL 23-290 (III) THE STATE LICENSING AUTHORITY SHALL CONSIDER THE
2433-EVIDENCE AND MAKE A SPECIFIC FINDING OF FACT AS TO WHETHER THE
2434-BUILDING IN WHICH THE NATURAL MEDICINE BUSINESS IS LOCATED IS WITHIN
2435-ANY DISTANCE RESTRICTIONS ESTABLISHED BY OR PURSUANT TO THIS
2436-SUBSECTION
2437- (1)(d).
2438-(2) T
2439-HE STATE LICENSING AUTHORITY SHALL NOT APPROVE AN
2440-APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS LICENSE
2441-PURSUANT TO THIS ARTICLE
2442-50 UNTIL THE STATE LICENSING AUTHORITY
2443-ESTABLISHES THAT THE APPLICANT IS
2444-, OR WILL BE, ENTITLED TO POSSESSION
2445-OF THE PREMISES FOR WHICH APPLICATION IS MADE UNDER A LEASE
2446-, RENTAL
2447-AGREEMENT
2448-, OR OTHER ARRANGEMENT FOR POSSESSION OF THE PREMISES
2449-OR BY VIRTUE OF OWNERSHIP OF THE PREMISES
2450-.
2451-PART 4
2452-NATURAL MEDICINE LICENSE TYPES
2453-44-50-401. Natural medicine healing center license - rules. (1) A
2454-NATURAL MEDICINE HEALING CENTER LICENSE MAY BE ISSUED ONLY TO A
2455-PERSON THAT EMPLOYS OR CONTRACTS WITH A FACILITATOR WHO PROVIDES
2456-NATURAL MEDICINE SERVICES PURSUANT TO THE TERMS AND CONDITIONS OF
2457-ARTICLE
2458-170 OF TITLE 12.
2459-(2) A
2460- NATURAL MEDICINE HEALING CENTER LICENSEE MAY TRANSFER
2461-REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
2462-PRODUCT TO ANOTHER NATURAL MEDICINE HEALING CENTER LICENSEE
2463-PURSUANT TO RULES PROMULGATED BY THE STATE LICENSING AUTHORITY
2464-.
2465-(3) P
2466-RIOR TO INITIATING NATURAL MEDICINE SERVICES , THE
2467-FACILITATOR OF THE NATURAL MEDICINE HEALING CENTER LICENSEE SHALL
2468-VERIFY THAT THE PARTICIPANT IS TWENTY
2469--ONE YEARS OF AGE OR OLDER.
2470-(4) A
2471- NATURAL MEDICINE HEALING CENTER LICENSEE SHALL COMPLY
2472-WITH ALL PROVISIONS OF ARTICLE
2473-34 OF TITLE 24, AS THE PROVISIONS
2474-RELATE TO PERSONS WITH DISABILITIES
2475-.
2476-(5) (a) E
2477-XCEPT AS PROVIDED IN SUBSECTION (5)(b) OF THIS SECTION,
2478-A NATURAL MEDICINE HEALING CENTER LICENSEE SHALL NOT TRANSFER ,
2479-INDIVIDUALLY OR IN ANY COMBINATION , MORE THAN AN AMOUNT
2480-PROMULGATED BY RULE OF NATURAL MEDICINE AND NATURAL MEDICINE
2481-PAGE 47-SENATE BILL 23-290 PRODUCT TO A PARTICIPANT IN A SINGLE ADMINISTRATION SESSION .
2482-(b) T
2483-HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES TO
2484-ESTABLISH CERTAIN EXEMPTIONS TO THE NATURAL MEDICINE OR NATURAL
2485-MEDICINE PRODUCT LIMITATION AND MAY ESTABLISH RECORD
2486--KEEPING
2487-REQUIREMENTS FOR NATURAL MEDICINE HEALING CENTER LICENSEES
2488-PURSUANT TO ANY EXEMPTION TO THE ADMINISTRATION LIMITATION
2489-.
2490-44-50-402. Natural medicine cultivation facility license. (1) A
2491-NATURAL MEDICINE CULTIVATION FACILITY LICENSE MAY BE ISSUED ONLY
2492-TO A PERSON WHO CULTIVATES REGULATED NATURAL MEDICINE FOR
2493-TRANSFER AND DISTRIBUTION TO NATURAL MEDICINE HEALING CENTER
2494-LICENSEES
2495-, NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEES , OR
2496-OTHER NATURAL MEDICINE CULTIVATION FACILITY LICENSEES
2497-.
2498-(2) N
2499-ATURAL MEDICINE OR NATURAL MEDICINE PRODUCT MUST NOT
2500-BE CONSUMED ON THE NATURAL MEDICINE CULTIVATION FACILITY
2501-LICENSEE
2502-'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS
2503-CO
2504--LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE 'S
2505-LICENSED PREMISES
2506-.
2507-44-50-403. Natural medicine product manufacturer license.
2508-(1) (a) A
2509- NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE MAY BE
2510-ISSUED TO A PERSON WHO MANUFACTURES REGULATED NATURAL MEDICINE
2511-PRODUCT PURSUANT TO THE TERMS AND CONDITIONS OF THIS ARTICLE
2512-50
2513-AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.
2514-(b) A
2515- NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE MAY
2516-CULTIVATE ITS OWN REGULATED NATURAL MEDICINE PURSUANT TO A
2517-NATURAL MEDICINE CULTIVATION FACILITY LICENSEE
2518-.
2519-(c) A
2520- NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE SHALL
2521-NOT
2522-:
2523-(I) A
2524-DD ANY REGULATED NATURAL MEDICINE TO A FOOD PRODUCT
2525-IF THE MANUFACTURER OF THE FOOD PRODUCT HOLDS A TRADEMARK TO THE
2526-FOOD PRODUCT
2527-'S NAME; EXCEPT THAT A NATURAL MEDICINE PRODUCT
2528-MANUFACTURER LICENSEE MAY USE A TRADEMARKED F OOD PRODUCT IF THE
2529-MANUFACTURER USES THE PRODUCT AS A COMPONENT OR AS PART OF A
2530-RECIPE AND IF THE NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE
2531-PAGE 48-SENATE BILL 23-290 DOES NOT STATE OR ADVERTISE TO THE CONSUMER THAT THE FINAL
2532-NATURAL MEDICINE PRODUCT CONTAINS A TRADEMARKED FOOD PRODUCT
2533-;
2534-(II) I
2535-NTENTIONALLY OR KNOWINGLY LABEL OR PACKAGE NATURAL
2536-MEDICINE OR NATURAL MEDICINE PRODUCT IN A MANNER THAT WOULD
2537-CAUSE A REASONABLE CONSUMER CONFUSION AS TO WHETHER THE NATURAL
2538-MEDICINE PRODUCT WAS A TRADEMARKED FOOD PRODUCT
2539-; OR
2540-(III) LABEL OR PACKAGE A PRODUCT IN A MANNER THAT VIOLATES
2541-ANY FEDERAL TRADEMARK LAW OR REGULATION
2542-.
2543-(2) N
2544-ATURAL MEDICINE AND NATURAL MEDICINE PR ODUCT MUST
2545-NOT BE CONSUMED ON A NATURAL MEDICINE PRODUCT MANUFACTURER
2546-LICENSEE
2547-'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS
2548-CO
2549--LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE 'S
2550-LICENSED PREMISES
2551-.
2552-44-50-404. Natural medicine testing facility license - rules.
2553-(1) (a) A
2554- NATURAL MEDICINE TESTING FACILITY LICENSE MAY BE ISSUED TO
2555-A PERSON WHO PERFORMS TESTING AND RESEARCH ON NATURAL MEDICINE
2556-AND NATURAL MEDICINE PRODUCT
2557-.
2558-(b) T
2559-HE TESTING OF NATURAL MEDICINE AND NATURAL MEDICINE
2560-PRODUCT
2561-, AND THE ASSOCIATED STANDARDS , IS A MATTER OF STATEWIDE
2562-CONCERN
2563-.
2564-(2) T
2565-HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
2566-RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES
2567-, INCLUDING
2568-BUT NOT LIMITED TO TESTING
2569-, STANDARDS, QUALITY CONTROL ANALYSIS,
2570-EQUIPMENT CERTIFICATION AND CALIBRATION , IDENTIFICATION OF
2571-CHEMICALS AND OTHER SUBSTANCES USED IN BONA FIDE RESEARCH
2572-METHODS
2573-, AND WHETHER TO ALLOW A NATURAL PERSON TO REQUEST AND
2574-UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL MEDICINE
2575-PRODUCT IF THE NATURAL PERSON IS TWENTY
2576--ONE YEARS OF AGE OR OLDER.
2577-(3) A
2578- PERSON WHO HAS AN INTEREST IN A NATURAL MEDICINE
2579-TESTING FACILITY LICENSE SHALL NOT HAVE ANY INTEREST IN A LICENSED
2580-NATURAL MEDICINE HEALING CENTER
2581-, A LICENSED NATURAL MEDICINE
2582-CULTIVATION FACILITY
2583-, A LICENSED NATURAL MEDICINE PRODUCT
2584-MANUFACTURER
2585-, OR A NATURAL MEDICINE LICENSE ISSUED BY THE STATE
2586-PAGE 49-SENATE BILL 23-290 LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 50 OR RULES
2587-PROMULGATED PURSUANT TO THIS ARTICLE
2588-50.
2589-PART 5
2590-UNLAWFUL ACTS
2591-44-50-501. Unlawful acts. (1) E
2592-XCEPT AS OTHERWISE PROVIDED IN
2593-THIS ARTICLE
2594-50, IT IS UNLAWFUL FOR A LICENSEE TO:
2595-(a) K
2596-NOWINGLY TRANSFER NATURAL MEDICINE OR A NATURAL
2597-MEDICINE PRODUCT TO A PERSON UNDER TWENTY
2598--ONE YEARS OF AGE; OR
2599-(b) KNOWINGLY ADULTERATE OR ALTER , OR ATTEMPT TO
2600-ADULTERATE OR ALTER
2601-, ANY SAMPLE OF REGULATED NATURAL MEDICINE OR
2602-A NATURAL MEDICINE PRODUCT FOR THE PURPOSE OF CIRCUMVENTING
2603-TESTING REQUIREMENTS
2604-.
2605-PART 6
2606-FEES
2607-44-50-601. Regulated natural medicine cash fund - created -
2608-rules. (1) (a) A
2609-LL MONEY COLLECTED BY THE STATE LICENSING AUTHORITY
2610-PURSUANT TO THIS ARTICLE
2611-50 OR RULES PROMULGATED PURSUANT TO THIS
2612-ARTICLE
2613-50 MUST BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL
2614-CREDIT THE SAME TO THE REGULATED NATURAL MEDICINE DIVISION CASH
2615-FUND
2616-, WHICH IS HEREBY CREATED. THE REGULATED NATURAL MEDICINE
2617-DIVISION CASH FUND
2618-, REFERRED TO IN THIS SECTION AS THE "FUND",
2619-CONSISTS OF:
2620-(I) T
2621-HE MONEY COLLECTED BY THE STATE LICENSING AUTHORITY ;
2622-AND
2623-(II) ANY ADDITIONAL GENERAL FUND MONEY APPROPRIATED TO THE
2624-FUND THAT IS NECESSARY FOR THE OPERATION OF THE STATE LICENSING
2625-AUTHORITY
2626-.
2627-(b) M
2628-ONEY IN THE FUND IS SUBJECT TO ANNUAL APPROPRIATION BY
2629-THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE DIRECT AND
2630-INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING THIS ARTICLE
2631-50.
2632-PAGE 50-SENATE BILL 23-290 (c) ANY MONEY IN THE FUND NOT EXPENDED FOR THE PURPOSES OF
2633-THIS SECTION MAY BE INVESTED BY THE STATE TREASURER AS PROVIDED BY
2634-LAW
2635-. ALL INTEREST AND INCOME DERIVED FROM THE INVESTMENT AND
2636-DEPOSIT OF MONEY IN THE FUND SHALL BE CREDITED TO THE FUND
2637-. ANY
2638-UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE
2639-END OF A FISCAL YEAR REMAINS IN THE FUND AND SHALL NOT BE CREDITED
2640-OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND
2641-.
2642-(2) T
2643-HE EXECUTIVE DIRECTOR BY RULE OR AS OTHERWISE PROVIDED
2644-BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF
2645-NECESSARY PURSUANT TO SECTION
2646-24-75-402 (3) TO REDUCE THE
2647-UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF
2648-ONE OR MORE OF THE FEES IS CREDITED
2649-. AFTER THE UNCOMMITTED
2650-RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED
2651-, THE EXECUTIVE
2652-DIRECTOR BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE
2653-AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION
2654-24-75-402
2655-(4).
2656-(3) (a) T
2657-HE STATE LICENSING AUTHORITY SHALL ESTABLISH FEES FOR
2658-PROCESSING THE APPLICATIONS OR LICENSES PURSUANT TO SECTION
2659-44-50-301.
2660-(b) T
2661-HE AMOUNTS OF SUCH FEES, WHEN ADDED TO THE OTHER FEES
2662-TRANSFERRED TO THE FUND PURSUANT TO THIS SECTION
2663-, MUST REFLECT THE
2664-ACTUAL DIRECT AND INDIRECT COSTS OF THE STATE LICENSING AUTHORITY
2665-IN THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE
2666-50 SO THAT
2667-THE FEES AVOID EXCEEDING THE STATUTORY LIMIT ON UNCOMMITTED
2668-RESERVES IN ADMINISTRATIVE AGENCY CASH FUNDS AS SET FORTH IN
2669-SECTION
2670-24-75-402 (3).
2671-(c) T
2672-HE STATE LICENSING AUTHORITY MAY CHARGE APPLICANTS
2673-LICENSED PURSUANT TO THIS ARTICLE
2674-50 A FEE FOR THE COST OF EACH
2675-FINGERPRINT ANALYSIS AND BACKGR OUND INVESTIGATION UNDERTAKEN TO
2676-QUALIFY NEW OFFICERS
2677-, DIRECTORS, MANAGERS, OR EMPLOYEES.
2678-(d) A
2679-T LEAST ANNUALLY, THE STATE LICENSING AUTHORITY SHALL
2680-REVIEW THE AMOUNTS OF THE FEES AND
2681-, IF NECESSARY, ADJUST THE
2682-AMOUNTS TO REFLECT THE DIRECT AND INDIRECT COSTS OF THE STATE
2683-LICENSING AUTHORITY
2684-.
2685-PAGE 51-SENATE BILL 23-290 (e) THE FEES ESTABLISHED AND COLLECTED PURSUANT TO THIS
2686-SECTION MUST NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS
2687-ARTICLE
2688-50.
2689-(4) E
2690-XCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, THE
2691-STATE LICENSING AUTHORITY SHALL ESTABLISH A BASIC FEE THAT SHALL BE
2692-PAID AT THE TIME OF SERVICE OF ANY SUBPOENA UPON THE STATE LICENSING
2693-AUTHORITY
2694-, PLUS A FEE FOR MEALS AND A FEE FOR MILEAGE AT THE RATE
2695-PRESCRIBED FOR STATE OFFICERS AND EMPLOYEES IN SECTION
2696-24-9-104 FOR
2697-EACH MILE ACTUALLY AND NECESSARILY TRAVELED IN GOING TO AND
2698-RETURNING FROM THE PLACE NAMED IN THE SUBPOENA
2699-. IF THE PERSON
2700-NAMED IN THE SUBPOENA IS REQUIRED TO ATTEND THE PLACE NAMED IN THE
2701-SUBPOENA FOR MORE THAN ONE DAY
2702-, THERE SHALL BE PAID, IN ADVANCE,
2703-A SUM TO BE ESTABLISHED BY THE STATE LICENSING AUTHORITY FOR EACH
2704-DAY OF ATTENDANCE TO COVER THE EXPENSES OF THE PERSON NAMED IN
2705-THE SUBPOENA
2706-.
2707-(5) T
2708-HE SUBPOENA FEE ESTABLISHED PURSUANT TO SUBSECTION (4)
2709-OF THIS SECTION DOES NOT APPLY TO ANY FEDERAL , STATE, OR LOCAL
2710-GOVERNMENTAL AGENCY
2711-.
2712-44-50-602. Fees - allocation. (1) E
2713-XCEPT AS OTHERWISE PROVIDED,
2714-ALL FEES AND FINES PROVIDED FOR BY THIS ARTICLE 50 SHALL BE PAID TO
2715-THE STATE LICENSING AUTHORITY
2716-, WHICH SHALL TRANSMIT THE FEES TO THE
2717-STATE TREASURER
2718-. THE STATE TREASURER SHALL CREDIT THE FEES TO THE
2719-REGULATED NATURAL MEDICINE DIVISION CASH FUND CREATED IN SECTION
2720-44-50-601.
2721-(2) T
2722-HE EXPENDITURES OF THE STATE LICENSING AUTHORITY ARE
2723-PAID OUT OF APPROPRIATIONS FROM THE REGULATED NATURAL MEDICINE
2724-DIVISION CASH FUND CREATED IN SECTION
2725-44-50-601.
2726-PART 7
2727-DISCIPLINARY ACTIONS
2728-44-50-701. Suspension - revocation - fines. (1) I
2729-N ADDITION TO
2730-ANY OTHER SANCTIONS PRESCRIBED BY THIS ARTICLE
2731-50 OR RULES
2732-PROMULGATED PURSUANT TO THIS ARTICLE
2733-50, THE STATE LICENSING
2734-AUTHORITY HAS THE POWER
2735-, ON ITS OWN MOTION OR ON COMPLAINT, AFTER
2736-INVESTIGATION AND OPPORTUNITY FOR A PUBLIC HEARING AT WHICH THE
2737-PAGE 52-SENATE BILL 23-290 LICENSEE MUST BE AFFORDED AN OPPORTUNITY TO BE HEARD , TO FINE A
2738-LICENSEE OR TO SUSPEND OR REVOKE A LICENSE ISSUED BY THE AUTHORITY
2739-FOR A VIOLATION BY THE LICENSEE OR BY ANY OF THE AGENTS OR
2740-EMPLOYEES OF THE LICENSEE OF THE PROVISIONS OF THIS ARTICLE
2741-50, OR
2742-ANY OF THE RULES PROMULGATED PURS UANT TO THIS ARTICLE
2743-50, OR OF
2744-ANY OF THE TERMS
2745-, CONDITIONS, OR PROVISIONS OF THE LICENSE ISSUED BY
2746-THE STATE LICENSING AUTHORITY
2747-. THE STATE LICENSING AUTHORITY HAS
2748-THE POWER TO ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE
2749-PRESENCE OF PERSONS AND THE PRODUCTION OF PAPERS
2750-, BOOKS, AND
2751-RECORDS NECESSARY TO THE DETERMINATION OF A HEARING THAT THE
2752-STATE LICENSING AUTHORITY IS AUTHORIZED TO CONDUCT
2753-.
2754-(2) T
2755-HE STATE LICENSING AUTHORITY SHALL PROVIDE NOTICE OF
2756-SUSPENSION
2757-, REVOCATION, FINE, OR OTHER SANCTION, AS WELL AS THE
2758-REQUIRED NOTICE OF THE HEARING PURSUANT TO SUBSECTION
2759-(1) OF THIS
2760-SECTION
2761-, BY MAILING THE SAME IN WRITING TO THE LICENSEE AT THE
2762-ADDRESS CONTAINED IN THE LICENSE AND
2763-, IF DIFFERENT, AT THE LAST
2764-ADDRESS FURNISHED TO THE AUTHORITY BY THE LICENSEE
2765-. EXCEPT IN THE
2766-CASE OF A SUMMARY SUSPENSION
2767-, A SUSPENSION MAY NOT EXCEED SIX
2768-MONTHS
2769-. IF A LICENSE IS SUSPENDED OR REVOKED, A PART OF THE FEES PAID
2770-FOR THE LICENSE ARE NOT RETURNED TO THE LICENSEE
2771-. ANY LICENSE,
2772-REGISTRATION, OR PERMIT MAY BE SUMMARILY SUSPENDED BY THE STATE
2773-LICENSING AUTHORITY WITHOUT NOTICE PENDING ANY PROSECUTION
2774-,
2775-INVESTIGATION, OR PUBLIC HEARING PURSUANT TO THE TERMS OF SECTION
2776-24-4-104 (4). NOTHING IN THIS SECTION PREVENTS THE SUMMARY
2777-SUSPENSION OF A LICENSE PURSUANT TO SECTION
2778-24-4-104 (4).
2779-PART 8
2780-JUDICIAL REVIEW
2781-44-50-801. Judicial review. D
2782-ECISIONS BY THE STATE LICENSING
2783-AUTHORITY ARE SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION
2784-24-4-106.
2785-PART 9
2786-PROTECTIONS, CONSTRUCTION,
2787-PREEMPTION, AND SEVERABILITY
2788-44-50-901. Protections. (1) S
2789-UBJECT TO THE LIMITATIONS IN THIS
2790-ARTICLE
2791-50 AND ARTICLE 170 OF TITLE 12, BUT NOTWITHSTANDING ANY
2792-PAGE 53-SENATE BILL 23-290 OTHER PROVISION OF LAW:
2793-(a) A
2794-CTIONS AND CONDUCT PERMITTED PURS UANT TO A LICENSE ,
2795-REGISTRATION, OR PERMIT ISSUED BY THE STATE LICENSING AUTHORITY
2796-PURSUANT TO THIS ARTICLE
2797-50, OR BY THOSE WHO ALLOW PROPERTY TO BE
2798-USED PURSUANT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE
2799-50, ARE
2800-LAWFUL AND ARE NOT AN OFFENSE UNDER STATE LAW OR THE LAWS OF ANY
2801-LOCAL JURISDICTION WITHIN THE STATE
2802-; ARE NOT SUBJECT TO A CIVIL FINE,
2803-PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION , SEARCH, OR
2804-ARREST
2805-; ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE; AND ARE NOT
2806-A BASIS TO SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR THE LAWS OF
2807-ANY LOCAL JURISDICTION WITHIN THIS STATE
2808-;
2809-(b) A
2810- CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT
2811-NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
2812-, AS ALLOWED
2813-PURSUANT TO THIS ARTICLE
2814-50, IS PROHIBITED BY FEDERAL LAW;
2815-(c) A
2816- LICENSEE, REGISTRANT, OR PERMITTEE PURSUANT TO THIS
2817-ARTICLE
2818-50 IS NOT SUBJECT TO DISCIPLINE OR LOSS OF A PROFESSIONAL
2819-LICENSE OR CERTIFICATION FOR PROVIDING ADVICE OR SERVICES ARISING
2820-OUT OF OR RELATED TO NATURAL MEDICINE OR NATURAL MEDICINE
2821-PRODUCT
2822-, APPLICATIONS FOR LICENSES ON THE BASIS THAT NATURAL
2823-MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL LAW
2824-,
2825-OR FOR PERSONAL USE OF NATURAL MEDICINE OR NATURAL MEDICINE
2826-PRODUCT AS ALLOWED PURSUANT TO THIS ARTICLE
2827-50. THIS SUBSECTION
2828-(1)(c) DOES NOT PERMIT A LICENSEE , REGISTRANT, OR PERMITTEE TO
2829-ENGAGE IN MALPRACTICE
2830-.
2831-(d) M
2832-ENTAL HEALTH CARE , SUBSTANCE USE DISORDER
2833-INTERVENTION
2834-, OR BEHAVIORAL HEALTH SERVICES OTHERWISE COVERED
2835-UNDER THE
2836-"COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF
2837-TITLE
2838-25.5, MUST NOT BE DENIED ON THE BASIS THAT THEY ARE COVERED IN
2839-CONJUNCTION WITH NATURAL MEDICINE SERVICES
2840-, OR THAT NATURAL
2841-MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL LAW
2842-.
2843-I
2844-NSURANCE OR AN INSURANCE PROVIDER IS NOT REQUIRED TO COVER THE
2845-COST OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
2846-.
2847-(e) N
2848-OTHING IN THIS SECTION MAY BE CONSTRUED OR INTERPRETED
2849-TO PREVENT THE DIRECTOR OF THE NATURAL MEDICINE DIVISION FROM
2850-ENFORCING ITS RULES AGAINST A LICENSEE OR TO LIMIT A STATE OR LOCAL
2851-PAGE 54-SENATE BILL 23-290 LAW ENFORCEMENT AGENCY 'S ABILITY TO INVESTIGATE UNLAWFUL
2852-ACTIVITY IN RELATION TO A LICENSEE
2853-.
2854-44-50-902. Liberal construction. T
2855-HIS ARTICLE 50 MUST BE
2856-LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE
2857-.
2858-44-50-903. Preemption. A
2859- LOCAL JURISDICTION SHALL NOT ADOPT,
2860-ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION THAT ARE
2861-OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE
2862-50.
2863-44-50-904. Severability. I
2864-F ANY PROVISION OF THIS ARTICLE 50 IS
2865-FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL
2866-,
2867-THE REMAINING PROVISIONS OF THIS ARTICLE 50 ARE VALID, UNLESS IT
2868-APPEARS TO THE COURT THAT THE VALID PROVISIONS OF THE STATUTE ARE
2869-SO ESSENTIALLY AND INSEPARABLY CONNECTED WITH
2870-, AND SO DEPENDENT
2871-UPON
2872-, THE VOID PROVISION THAT IT CANNOT BE PRESUMED THAT THE
2873-GENERAL ASSEMBLY WOULD HAVE ENACTED THE VALID PROVISIONS
2874-WITHOUT THE VOID ONE
2875-; OR UNLESS THE COURT DETERMINES THAT THE
2876-VALID PROVISIONS
2877-, STANDING ALONE, ARE INCOMPLETE AND ARE INCAPABLE
2878-OF BEING EXECUTED IN ACCORDANCE WITH THE LEGISLATIVE INTENT
2879-.
2880-PART 10
2881-SUNSET REVIEW - ARTICLE REPEAL
2882-44-50-1001. Sunset review - repeal of article. (1) T
2883-HIS ARTICLE
2884-50 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.
2885-(2) P
2886-RIOR TO THE REPEAL OF THIS ARTICLE 50, THE DEPARTMENT OF
2887-REGULATORY AGENCIES SHALL CONDUCT A SUNSET REVIEW AS DESCRIBED
2888-IN SECTION
2889-24-34-104 (5).
2890-SECTION 22. In Colorado Revised Statutes, 16-13-303, amend (9)
2891-as follows:
2892-16-13-303. Class 1 public nuisance. (9) A person acting in
2893-compliance with the "Natural Medicine Health Act of 2022", article 170 of
2894-title 12 does not violate this section IT IS NOT A VIOLATION OF THIS SECTION
2895-IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION
2896-18-18-434, ARTICLE
2897-170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
2898-PAGE 55-SENATE BILL 23-290 SECTION 23. In Colorado Revised Statutes, 16-13-304, amend (2)
2899-as follows:
2900-16-13-304. Class 2 public nuisance. (2) A person acting in
2901-compliance with the "Natural Medicine Health Act of 2022", article 170 of
2902-title 12 does not violate this section IT IS NOT A VIOLATION OF THIS SECTION
2903-IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION
2904-18-18-434, ARTICLE
2905-170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
2906-SECTION 24. In Colorado Revised Statutes, 18-18-403.5, amend
2907-(1) as follows:
2908-18-18-403.5. Unlawful possession of a controlled substance -
2909-notice to revisor of statutes - repeal. (1) Except as authorized by part 1
2910-or 3 of article 280 of title 12, part 2 of article 80 of title 27, section
2911-18-1-711, section 18-18-428 (1)(b), part 2 or 3 of this article 18, or the"Natural Medicine Health Act of 2022", article 170 of title 12 SECTION
2912-18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is
2913-unlawful for a person knowingly to possess a controlled substance.
2914-SECTION 25. In Colorado Revised Statutes, 18-18-404, amend
2915-(1)(a) as follows:
2916-18-18-404. Unlawful use of a controlled substance. (1) (a) Except
2917-as is otherwise provided for offenses concerning marijuana and marijuana
2918-concentrate in sections 18-18-406 and 18-18-406.5, or by the "Natural
2919-Medicine Health Act of 2022", article 170 of title 12 OR FOR NATURAL
2920-MEDICINE OR NATURAL MEDICINE PRODUCT IN SECTION
2921-18-18-434, ARTICLE
2922-170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, any person who uses any
2923-controlled substance, except when it is dispensed by or under the direction
2924-of a person licensed or authorized by law to prescribe, administer, or
2925-dispense the controlled substance for bona fide medical needs, commits a
2926-level 2 drug misdemeanor.
2927-SECTION 26. In Colorado Revised Statutes, 18-18-405, amend
2928-(1)(a) as follows:
2929-18-18-405. Unlawful distribution, manufacturing, dispensing, or
2930-sale. (1) (a) Except as authorized by part 1 of article 280 of title 12, part 2
2931-of article 80 of title 27, part 2 or 3 of this article 18, or by the "Natural
2932-PAGE 56-SENATE BILL 23-290 Medicine Health Act of 2022", article 170 of title 12 SECTION 18-18-434,
2933-ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is unlawful for any
2934-person knowingly to manufacture, dispense, sell, or distribute, or to possess
2935-with intent to manufacture, dispense, sell, or distribute, a controlled
2936-substance; or induce, attempt to induce, or conspire with one or more other
2937-persons, to manufacture, dispense, sell, distribute, or possess with intent to
2938-manufacture, dispense, sell, or distribute, a controlled substance; or possess
2939-one or more chemicals or supplies or equipment with intent to manufacture
2940-a controlled substance.
2941-SECTION 27. In Colorado Revised Statutes, amend 18-18-410 as
2942-follows:
2943-18-18-410. Declaration of class 1 public nuisance. Except as
2944-permitted by the "Natural Medicine Health Act of 2022", article 170 of title
2945-12 AUTHORIZED BY SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR
2946-ARTICLE
2947-50 OF TITLE 44, any store, shop, warehouse, dwelling house,
2948-building, vehicle, boat, or aircraft or any place whatsoever which
2949- THAT is
2950-frequented by controlled substance addicts for the unlawful use of
2951-controlled substances or which is used for the unlawful storage,
2952-manufacture, sale, or distribution of controlled substances is declared to be
2953-a class 1 public nuisance and subject to the provisions of section 16-13-303.
2954-C.R.S.
2955- Any real or personal property which THAT is seized or confiscated
2956-as a result of an action to abate a public nuisance shall be disposed of
2957-pursuant to part 7 of article 13 of title 16. C.R.S.
2958-SECTION 28. In Colorado Revised Statutes, 18-18-411, repeal (5);
2959-and add (3.5) as follows:
2960-18-18-411. Keeping, maintaining, controlling, renting, or making
2961-available property for unlawful distribution or manufacture of
2962-controlled substances. (3.5) I
2963-T IS NOT A VIOLATION OF THIS SECTION IF A
2964-PERSON IS ACTING IN COMPLIANCE WITH SECTION
2965-18-18-434, ARTICLE 170
2966-OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
2967-(5) A person acting in compliance with the "Natural Medicine
2968-Health Act of 2022", article 170 of title 12 does not violate this section.
2969-SECTION 29. In Colorado Revised Statutes, 18-18-412.7, repeal
2970-(3); and add (1.5) as follows:
2971-PAGE 57-SENATE BILL 23-290 18-18-412.7. Sale or distribution of materials to manufacture
2972-controlled substances. (1.5) I
2973-T IS NOT A VIOLATION OF THIS SECTION IF A
2974-PERSON IS ACTING IN COMPLIANCE WITH SECTION
2975-18-18-434, ARTICLE 170
2976-OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
2977-(3) A person acting in compliance with the "Natural Medicine
2978-Health Act of 2022", article 170 of title 12 does not violate this section.
2979-SECTION 30. In Colorado Revised Statutes, 18-18-430.5, amend
2980-(1)(c) as follows:
2981-18-18-430.5. Drug paraphernalia - exemption. (1) A person is
2982-exempt from sections 18-18-425 to 18-18-430 if the person is:
2983-(c) Using equipment, products, or materials in compliance with the
2984-"Natural Medicine Health Act of 2022", article 170 of title 12 SECTION
2985-18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44. The
2986-manufacture, possession, and distribution of such equipment, products, or
2987-materials shall be
2988- IS authorized within the meaning of 21 U.S.C. 863 sec.
2989-(f).
2990-SECTION 31. In Colorado Revised Statutes, add 18-18-434 as
2991-follows:
2992-18-18-434. Offenses relating to natural medicine and natural
2993-medicine product - definitions. (1) A
2994- PERSON WHO IS UNDER TWENTY-ONE
2995-YEARS OF AGE WHO KNOWINGLY POSSESSES OR CONSUMES NATURAL
2996-MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG P ETTY
2997-OFFENSE AND
2998-, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF NOT
2999-MORE THAN ONE HUNDRED DOLLARS OR NOT MORE T HAN FOUR HOURS OF
3000-SUBSTANCE USE EDUCATION OR COUNSELING
3001-; EXCEPT THAT A SECOND OR
3002-SUBSEQUENT CONVICTION FOR A VIOLATION OF THIS SUBSECTION
3003-(1) IS
3004-SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS
3005-, NOT MORE
3006-THAN FOUR HOURS OF SUBSTANCE USE EDUCATION OR COUNSELING
3007-, AND
3008-NOT MORE THAN TWENTY
3009--FOUR HOURS OF USEFUL PUBLIC SERVICE .
3010-(2) A
3011- PERSON WHO OPENLY AND PUBLICLY DISPLAYS OR CONSUMES
3012-NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG
3013-PETTY OFFENSE AND
3014-, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF
3015-NOT MORE THAN ONE HUNDRED DOLLARS AND NOT MORE THAN
3016-PAGE 58-SENATE BILL 23-290 TWENTY-FOUR HOURS OF USEFUL PUBLIC SERVICE .
2553+ PERSON WHO OPENLY AND PUBLICLY DISPLAYS OR CONSUMES14
2554+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG15
2555+PETTY OFFENSE AND, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF16
2556+NOT MORE THAN ONE HUNDRED DOLLARS AND NOT MORE THAN17
2557+TWENTY-FOUR HOURS OF USEFUL PUBLIC SERVICE .18
30172558 (3) (a) A
3018- PERSON WHO KNOWINGLY CULTIVATES NATURAL MEDICINE
3019-THAT CUMULATIVELY EXCEEDS AN AREA OF MORE THAN TWELVE FEET WIDE
3020-BY TWELVE FEET LONG IN ONE OR MORE CULTIVATION AREAS ON THE
3021-PRIVATE PROPERTY
3022-, OR KNOWINGLY ALLOWS SUCH CULTIVATION ON
3023-PRIVATE PROPERTY THAT THE PERSON OWNS
3024-, OCCUPIES, OR CONTROLS,
3025-COMMITS A DRUG PETTY OFFENSE , AND UPON CONVICTION THEREOF , IS
3026-SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
3027-.
2559+ PERSON WHO KNOWINGLY
2560+ CULTIVATES NATURAL19
2561+MEDICINE THAT CUMULATIVELY EXCEEDS AN AREA OF MORE THAN20
2562+TWELVE FEET WIDE BY TWELVE FEET LONG IN ONE OR MORE CULTIVATION21
2563+AREAS ON THE PRIVATE PROPERTY , OR KNOWINGLY ALLOWS SUCH22
2564+CULTIVATION ON PRIVATE PROPERTY THAT THE PERSON OWNS , OCCUPIES,23
2565+OR CONTROLS, COMMITS A DRUG PETTY OFFENSE, AND UPON CONVICTION24
2566+THEREOF, IS SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND25
2567+DOLLARS.26
30282568 (b) (I) E
30292569 XCEPT AS PROVIDED IN SUBSECTION (3)(b)(II) OF THIS
3030-SECTION
3031-, A PERSON WHO KNOWINGLY CULTIVATES NATURAL MEDICINE ON
3032-THE PRIVATE PROPERTY OUTSIDE OF AN ENCLOSED AND LOCKED SPACE
3033-, OR
3034-KNOWINGLY ALLOWS SUCH CULTIVATION ON THE PRIVATE PROPERTY
3035-OUTSIDE OF AN ENCLOSED AND LOCKED SPACE
3036-, THAT THE PERSON OWNS,
3037-OCCUPIES, OR CONTROLS, COMMITS A DRUG PETTY OFFENSE , AND UPON
3038-CONVICTION THEREOF
3039-, IS SUBJECT TO A FINE OF NOT MORE THAN ONE
3040-THOUSAND DOLLARS
3041-.
3042-(II) I
3043-T IS NOT A VIOLATION OF THIS SUBSECTION (3)(b) IF THE PERSON
3044-WHO IS CULTIVATING NATURAL MEDICINE IS TWENTY
3045--ONE YEARS OF AGE OR
3046-OLDER
3047-, IF THE CULTIVATION AREA IS LOCATED IN A DWELLING ON THE
3048-PRIVATE PROPERTY
3049-, AND:
3050-(A)
3051- IF A PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT THE
3052-DWELLING
3053-, THE CULTIVATION AREA ITSELF IS ENCLOSED AND LOCKED ; OR
3054-(B) IF NO PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT THE
3055-DWELLING
3056-, THE EXTERNAL LOCKS ON THE DWELLING CONSTITUTE AN
3057-ENCLOSED AND LOCKED SPACE
3058-, BUT IF A PERSON UNDER TWENTY-ONE YEARS
3059-OF AGE ENTERS THE DWELLING
3060-, THE PERSON CULTIVATING THE NATURAL
3061-MEDICINE SHALL ENSURE THAT ACCESS TO THE CULTIVATION AREA IS
3062-REASONABLY RESTRICTED FOR THE DURATION OF THE PERSON UNDER
3063-TWENTY
3064--ONE YEARS OF AGE'S PRESENCE IN THE PRIVATE PROPERTY.
2570+27
2571+290
2572+-75- SECTION, A PERSON WHO KNOWINGLY CULTIVATES NATURAL MEDICINE ON1
2573+THE PRIVATE PROPERTY OUTSIDE OF AN ENCLOSED AND LOCKED SPACE, OR2
2574+KNOWINGLY ALLOWS SUCH CULTIVATION ON THE PRIVATE PROPERTY3
2575+OUTSIDE OF AN ENCLOSED AND LOCKED SPACE, THAT THE PERSON OWNS,4
2576+OCCUPIES, OR CONTROLS, COMMITS A DRUG PETTY OFFENSE , AND UPON5
2577+CONVICTION THEREOF, IS SUBJECT TO A FINE OF NOT MORE THAN ONE6
2578+THOUSAND DOLLARS.7
2579+(II) IT IS NOT A VIOLATION OF THIS SUBSECTION (3)(b) IF THE8
2580+PERSON WHO IS CULTIVATING NATURAL MEDICINE IS TWENTY -ONE YEARS9
2581+OF AGE OR OLDER, IF THE CULTIVATION AREA IS LOCATED IN A DWELLING10
2582+ON THE PRIVATE PROPERTY, AND:11
2583+(A) IF A PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT THE12
2584+DWELLING, THE CULTIVATION AREA ITSELF IS ENCLOSED AND LOCKED ; OR13
2585+(B) IF NO PERSON UNDER TWENTY -ONE YEARS OF AGE LIVES AT14
2586+THE DWELLING, THE EXTERNAL LOCKS ON THE DWELLING CONSTITUTE AN15
2587+ENCLOSED AND LOCKED SPACE , BUT IF A PERSON UNDER TWENTY -ONE16
2588+YEARS OF AGE ENTERS THE DWELLING , THE PERSON CULTIVATING THE17
2589+NATURAL MEDICINE SHALL ENSURE THAT ACCESS TO THE CULTIVATION18
2590+AREA IS REASONABLY RESTRICTED FOR THE DURATION OF THE PERSON19
2591+UNDER TWENTY-ONE YEARS OF AGE 'S PRESENCE IN THE PRIVATE20
2592+PROPERTY.21
30652593 (c) I
3066-T IS NOT A VIOLATION OF SUBSECTION (3)(a) OF THIS SECTION IF
3067-A COUNTY
3068-, MUNICIPALITY, OR CITY AND COUNTY LAW EXPRESSLY PERMITS
3069-THE CULTIVATION OF NATURAL MEDICINE THAT CUMULATIVELY EXCEEDS AN
3070-AREA OF MORE THAN TWELVE FEET WIDE BY TWELVE FEET LONG IN ONE OR
3071-MORE CULTIVATION AREAS ON THE PRIVATE PROPERTY AND THE PERSON
3072-PAGE 59-SENATE BILL 23-290 CULTIVATES THE NATURAL MEDICINE IN AN ENCLOSED AND LOCKED SPACE
3073-WITHIN THE LIMIT SET BY THE COUNTY
3074-, MUNICIPALITY, OR CITY AND COUNTY
3075-WHERE THE NATURAL MEDICINE IS LOCATED
3076-.
2594+T IS NOT A VIOLATION OF SUBSECTION (3)(a) OF THIS SECTION22
2595+IF A COUNTY, MUNICIPALITY, OR CITY AND COUNTY LAW EXPRESSLY23
2596+PERMITS THE CULTIVATION OF NATURAL MEDICINE THAT CUMULATIVELY24
2597+EXCEEDS AN AREA OF MORE THAN TWELVE FEET WIDE BY TWELVE FEET25
2598+LONG IN ONE OR MORE CULTIVATION AREAS ON THE PRIVATE PROPERTY26
2599+AND THE PERSON CULTIVATES THE NATURAL MEDICINE IN AN ENCLOSED27
2600+290
2601+-76- AND LOCKED SPACE WITHIN THE LIMIT SET BY THE COUNTY, MUNICIPALITY,1
2602+OR CITY AND COUNTY WHERE THE NATURAL MEDICINE IS LOCATED .2
30772603 (4) (a) I
3078-T IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED
3079-PURSUANT TO ARTICLE
3080-50 OF TITLE 44 TO KNOWINGLY MANUFACTURE
3081-NATURAL MEDICINE PRODUCT USING AN INHERENTLY HAZARDOUS
3082-SUBSTANCE
3083-.
2604+T IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED3
2605+PURSUANT TO ARTICLE 50 OF TITLE 44 TO KNOWINGLY MANUFACTURE4
2606+NATURAL MEDICINE PRODUCT USING AN INHERENTLY HAZARDOUS5
2607+SUBSTANCE.6
30842608 (b) I
3085-T IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED PURSUANT
3086-TO ARTICLE
3087-50 OF TITLE 44 WHO OWNS, MANAGES, OPERATES, OR OTHERWISE
3088-CONTROLS THE USE OF A PROPERTY TO KNOWINGLY ALLOW NATURAL
3089-MEDICINE PRODUCT TO BE MANUFACTURED ON THE PREMISES USING AN
3090-INHERENTLY HAZARDOUS SUBSTANCE
3091-.
2609+T IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED7
2610+PURSUANT TO ARTICLE 50 OF TITLE 44 WHO OWNS, MANAGES, OPERATES,8
2611+OR OTHERWISE CONTROLS THE USE OF A PROPERTY TO KNOWINGLY ALLOW9
2612+NATURAL MEDICINE PRODUCT TO BE MANUFACTURED ON THE PREMISES10
2613+USING AN INHERENTLY HAZARDOUS SUBSTANCE .11
30922614 (c) A
3093- PERSON WHO VIOLATES THIS SUBSECTION (4) COMMITS A LEVEL
3094-2 DRUG FELONY.
2615+ PERSON WHO VIOLATES THIS SUBSECTION (4) COMMITS A12
2616+LEVEL 2 DRUG FELONY.13
30952617 (5) (a)
30962618 UNLESS EXPRESSLY LIMITED BY THIS SECTION, ARTICLE 170
3097-OF TITLE 12, OR ARTICLE 50 OF TITLE 44, A PERSON WHO FOR THE PURPOSE
3098-OF PERSONAL USE AND WITHOUT REMUNERATION
3099-, POSSESSES, CONSUMES,
3100-SHARES, CULTIVATES, OR MANUFACTURES NATURAL MEDICINE OR NATURAL
3101-MEDICINE PRODUCT
3102-, DOES NOT VIOLATE STATE LAW , OR COUNTY,
3103-MUNICIPALITY, OR CITY AND COUNTY ORDINANCE , RULE, OR RESOLUTION.
2619+14
2620+OF TITLE 12, OR ARTICLE 50 OF TITLE 44, A PERSON WHO FOR THE PURPOSE15
2621+OF PERSONAL USE AND WITHOUT REMUNERATION , POSSESSES, CONSUMES,16
2622+SHARES, CULTIVATES, OR MANUFACTURES NATURAL MEDICINE OR17
2623+NATURAL MEDICINE PRODUCT , DOES NOT VIOLATE STATE LAW , OR18
2624+COUNTY, MUNICIPALITY, OR CITY AND COUNTY ORDINANCE , RULE, OR19
2625+RESOLUTION.20
31042626 (b) U
31052627 NLESS EXPRESSLY LIMITED BY THIS SECTION, A PERSON WHO
3106-PERFORMS TESTING ON NATURAL MEDICINE OR NATURAL MEDICINE
3107-PRODUCT
3108-, AND POSSESSES NATURAL MEDICINE OR NATURAL MEDICINE
3109-PRODUCT IN CONJUNCTION THEREWITH
3110-, FOR ANOTHER PERSON WHO IS
3111-TWENTY
3112--ONE YEARS OF AGE OR OLDER WHO SUBMITS FOR TESTING NATURAL
3113-MEDICINE OR NATURAL MEDICINE PRODUCT INTENDED FOR PERSONAL USE
3114-,
3115-DOES NOT VIOLATE STATE LAW , OR COUNTY, MUNICIPALITY, OR CITY AND
3116-COUNTY ORDINANCE
3117-, RULE, OR RESOLUTION, ARTICLE 170 OF TITLE 12, OR
3118-ARTICLE
3119-50 OF TITLE 44, IF:
2628+21
2629+PERFORMS TESTING ON NATURAL MEDICINE OR NATURAL MEDICINE22
2630+PRODUCT, AND POSSESSES NATURAL MEDICINE OR NATURAL MEDICINE23
2631+PRODUCT IN CONJUNCTION THEREWITH , FOR ANOTHER PERSON WHO IS24
2632+TWENTY-ONE YEARS OF AGE OR OLDER WHO SUBMITS FOR TESTING25
2633+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT INTENDED FOR26
2634+PERSONAL USE, DOES NOT VIOLATE STATE LAW , OR COUNTY ,27
2635+290
2636+-77- MUNICIPALITY, OR CITY AND COUNTY ORDINANCE, RULE, OR RESOLUTION,1
2637+ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, IF:2
31202638 (I) T
31212639 HE PERSON PERFORMING THE TESTING PROVIDES WRITTEN
3122-NOTICE TO THE PERSON SUBMITTING FOR TESTING NATURAL MEDICINE OR
3123-NATURAL MEDICINE PRODUCT INTENDED FOR PERS ONAL USE
3124-, THAT THE
3125-PERSON IS NOT LICENSED BY THE STATE TO CONDUCT TESTING
3126-; AND
3127-PAGE 60-SENATE BILL 23-290 (II) THE PERSON WHO SUBMITS FOR TESTING NATURAL MEDICINE OR
3128-NATURAL MEDICINE PRODUCT PROVIDES A SIGNED STATEMENT THAT THE
3129-NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IS INTENDED FOR
3130-PERSONAL USE ONLY
3131-.
3132-(c) N
3133-OTHING IN THIS SECTION PERMITS A PERSON TO:
2640+3
2641+NOTICE TO THE PERSON SUBMITTING FOR TESTING NATURAL MEDICINE OR4
2642+NATURAL MEDICINE PRODUCT INTENDED FOR PERSONAL USE , THAT THE5
2643+PERSON IS NOT LICENSED BY THE STATE TO CONDUCT TESTING ; AND6
2644+(II) T
2645+HE PERSON WHO SUBMITS FOR TESTING NATURAL MEDICINE
2646+7
2647+OR NATURAL MEDICINE PRODUCT PROVIDES A SIGNED STATEMENT THAT8
2648+THE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IS INTENDED9
2649+FOR PERSONAL USE ONLY.10
2650+(c) NOTHING IN THIS SECTION PERMITS A PERSON TO:11
31342651 (I) D
3135-ISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO
3136-DISPENSE
3137-, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL MEDICINE
3138-PRODUCT TO A PERSON UNDER TWENTY
3139--ONE YEARS OF AGE;
2652+ISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO12
2653+DISPENSE, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL13
2654+MEDICINE PRODUCT TO A PERSON UNDER TWENTY -ONE YEARS OF AGE;14
31402655 (II) D
3141-ISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO
3142-DISPENSE
3143-, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL MEDICINE
3144-PRODUCT FOR REMUNERATION
3145-, EXCEPT AS PROVIDED BY ARTICLE 170 OF
3146-TITLE
3147-12 AND ARTICLE 50 OF TITLE 44;
2656+ISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO15
2657+DISPENSE, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL16
2658+MEDICINE PRODUCT FOR REMUNERATION , EXCEPT AS PROVIDED BY17
2659+ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44;18
31482660 (III) M
3149-ANUFACTURE, CULTIVATE, POSSESS, CONSUME, USE, DISPENSE,
3150-OR DISTRIBUTE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , OR
3151-POSSESS WITH INTENT TO MANUFACTURE
3152-, CULTIVATE, POSSESS, CONSUME,
3153-USE, DISPENSE, OR DISTRIBUTE NATURAL MEDICINE OR NATURAL MEDICINE
3154-PRODUCT FOR A PURPOSE OTHER T HAN PERSONAL USE OR AS PROVIDED BY
3155-ARTICLE
3156-170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44;
2661+ANUFACTURE, CULTIVATE, POSSESS, CONSUME, USE,19
2662+DISPENSE, OR DISTRIBUTE NATURAL MEDICINE OR NATURAL MEDICINE20
2663+PRODUCT, OR POSSESS WITH INTENT TO MANUFACTURE , CULTIVATE,21
2664+POSSESS, CONSUME, USE, DISPENSE, OR DISTRIBUTE NATURAL MEDICINE OR22
2665+NATURAL MEDICINE PRODUCT FOR A PURPOSE OTHER THAN PERSONAL USE23
2666+OR AS PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44;24
31572667 (IV) D
3158-ISPENSE, DISTRIBUTE, OR POSSESS WITH INTENT TO DISPENSE
3159-OR DISTRIBUTE
3160-, NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS A
3161-PART OF A BUSINESS PROMOTION OR COMMERCIAL ACTIVITY
3162-, EXCEPT AS
3163-PROVIDED BY ARTICLE
3164-170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44; OR
3165-(V) DISPENSE, SELL, OR DISTRIBUTE, OR POSSESS WITH INTENT TO
3166-DISPENSE
3167-, SELL, OR DISTRIBUTE, IBOGAINE OR NATURAL MEDICINE PRODUCT
3168-THAT CONTAINS IBOGAINE TO ANOTHER PERSON
3169-, EXCEPT AS PROVIDED BY
3170-ARTICLE
3171-170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.
3172-(d) A
3173- PEACE OFFICER SHALL NOT ARREST A PERSON, AND A DISTRICT
3174-ATTORNEY SHALL NOT CHARGE OR PROSECUTE A PERSON FOR A CRIMINAL
3175-OFFENSE INVOLVING NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
3176-PURSUANT TO THIS PART
3177-4, EXCEPT AS EXPRESSLY PROVIDED IN THIS
3178-SECTION
3179-.
3180-(e) N
3181-OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
3182-PAGE 61-SENATE BILL 23-290 CONTRARY, A PEACE OFFICER MAY ARREST A PERSON , OR A DISTRICT
3183-ATTORNEY MAY CHARGE OR PROSECUTE A PERSON FOR A CRIMINAL OFFENSE
3184-THAT IS NOT EXPRESSLY LAWFUL PURSUANT TO THIS SECTION OR ARTICLE
3185-170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.
2668+ISPENSE, DISTRIBUTE, OR POSSESS WITH INTENT TO DISPENSE25
2669+OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS26
2670+A PART OF A BUSINESS PROMOTION OR COMMERCIAL ACTIVITY , EXCEPT AS27
2671+290
2672+-78- PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44; OR1
2673+(V) D
2674+ISPENSE, SELL, OR DISTRIBUTE, OR POSSESS WITH INTENT TO2
2675+DISPENSE, SELL, OR DISTRIBUTE, IBOGAINE OR NATURAL MEDICINE3
2676+PRODUCT THAT CONTAINS IB OGAINE TO ANOTHER PERSON , EXCEPT AS4
2677+PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.5
2678+(d)
2679+ A PEACE OFFICER SHALL NOT ARREST A PERSON , AND A6
2680+DISTRICT ATTORNEY SHALL NOT CHARGE OR PROSECUTE A PERSON FOR A7
2681+CRIMINAL OFFENSE INVOLVING NATURAL MEDICINE OR NATURAL MEDICINE8
2682+PRODUCT PURSUANT TO THIS PART 4, EXCEPT AS EXPRESSLY PROVIDED IN9
2683+THIS SECTION.10
2684+(e) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE11
2685+CONTRARY, A PEACE OFFICER MAY ARREST A PERSON , OR A DISTRICT12
2686+ATTORNEY MAY CHARGE OR PROSECUTE A PERSON FOR A CRIMINAL13
2687+OFFENSE THAT IS NOT EXPRESSLY LAWFUL PURSUANT TO THIS SECTION14
2688+OR ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.15
31862689 (6) N
3187-OTWITHSTANDING ANY LAW TO THE CONTRARY , AN ACTION
3188-THAT IS LAWFUL PURSUANT TO THIS SECTION
3189-, ARTICLE 170 OF TITLE 12, OR
3190-ARTICLE
3191-50 OF TITLE 44, INDIVIDUALLY OR IN COMBINATION WITH ANOTHER
3192-ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION
3193-, MUST NOT BE THE
3194-SOLE REASON TO
3195-:
2690+OTWITHSTANDING ANY LAW TO THE CONTRARY , AN ACTION16
2691+THAT IS LAWFUL PURSUANT TO THIS SECTION, ARTICLE 170 OF TITLE 12, OR17
2692+ARTICLE 50 OF TITLE 44, INDIVIDUALLY OR IN COMBINATION WITH18
2693+ANOTHER ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION , MUST NOT19
2694+BE THE SOLE REASON TO:20
31962695 (a) S
3197-UBJECT A PERSON TO A CIVIL FINE, PENALTY, OR SANCTION;
2696+UBJECT A PERSON TO A CIVIL FINE, PENALTY, OR SANCTION;21
31982697 (b) D
3199-ENY A PERSON A RIGHT OR PRIVILEGE; OR
3200-(c) SEIZE OR FORFEIT ASSETS.
2698+ENY A PERSON A RIGHT OR PRIVILEGE; OR22
2699+(c) S
2700+EIZE OR FORFEIT ASSETS.23
32012701 (7) (a) E
3202-XCEPT AS PROVIDED IN SUBSECTION (7)(b) OF THIS SECTION,
3203-AN ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION , INDIVIDUALLY OR
3204-IN COMBINATION WITH ANOTHER ACTION THAT IS LAWFUL PURS UANT TO THIS
3205-SECTION
3206-, MUST NOT SOLELY BE USED AS A FACTOR IN A PROBABLE CAUSE
3207-DETERMINATION OF ANY CRIMINAL OFFENSE
3208-.
2702+XCEPT AS PROVIDED IN SUBSECTION (7)(b) OF THIS24
2703+SECTION, AN ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION ,25
2704+INDIVIDUALLY OR IN COMBINATION WITH ANOTHER ACTION THAT IS26
2705+LAWFUL PURSUANT TO THIS SECTION , MUST NOT SOLELY BE USED AS A27
2706+290
2707+-79- FACTOR IN A PROBABLE CAUSE DETERMINATION OF ANY CRIMINAL1
2708+OFFENSE.2
32092709 (b) A
3210-N ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION MAY BE
3211-USED AS A FACTOR IN A PROBABLE CAUSE DETERMINATION OF ANY CRIMINAL
3212-OFFENSE IF THE ORIGINAL STOP OR SEARCH WAS LAWFUL AND OTHER
3213-FACTORS ARE PRESENT TO SUPPORT A PROBABLE CAUSE DETERMINATION OF
3214-ANY CRIMINAL OFFENSE
3215-.
2710+N ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION MAY3
2711+BE USED AS A FACTOR IN A PROBABLE CAUSE
2712+ DETERMINATION OF ANY4
2713+CRIMINAL OFFENSE IF THE ORIGINAL STOP OR SEARCH WAS LAWFUL AND5
2714+OTHER FACTORS ARE PRESENT TO SUPPORT A PROBABLE CAUSE 6
2715+DETERMINATION OF ANY CRIMINAL OFFENSE .7
32162716 (8) T
3217-HE FACT THAT A PERSON IS ENTITLED TO CONSUME NATURAL
3218-MEDICINE OR NATURAL MEDICINE PRODUCT UNDER THE LAWS OF THIS STATE
3219-DOES NOT CONSTITUTE A DEFENSE AGAINST ANY CHARGE FOR VIOLATION OF
3220-AN OFFENSE RELATED TO THE OPERATION OF A VEHICLE
3221-, AIRCRAFT, BOAT,
3222-MACHINERY, OR OTHER DEVICE.
2717+HE FACT THAT A PERSON IS ENTITLED TO CONSUME NATURAL8
2718+MEDICINE OR NATURAL MEDICINE PRODUCT UNDER THE LAWS OF THIS9
2719+STATE DOES NOT CONSTITUTE A DEFENSE AGAINST ANY CHARGE FOR10
2720+VIOLATION OF AN OFFENSE RELATED TO THE OPERATION OF A VEHICLE ,11
2721+AIRCRAFT, BOAT, MACHINERY, OR OTHER DEVICE.12
32232722 (9) A
3224- COUNTY, MUNICIPALITY, OR CITY AND COUNTY SHALL NOT
3225-ADOPT
3226-, ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION
3227-IMPOSING ANY GREATER CRIMINAL OR CIVIL PENALTY THAN PROVIDED BY
3228-THIS SECTION OR THAT IS OTHERWISE IN CONFLICT WITH THIS SECTION
3229-.
3230-PAGE 62-SENATE BILL 23-290 (10) NOTHING IN THIS SECTION PROHIBITS A PERSON OR ANY ENTITY
3231-WHO OCCUPIES
3232-, OWNS, OR CONTROLS A PROPERTY FROM PROHIBITING OR
3233-OTHERWISE REGULATING THE CULTIVATION OR MANUFACTURE OF NATURAL
3234-MEDICINE OR NATURAL MEDICINE PRODUCT ON OR IN THAT PROPERTY
3235-.
2723+ COUNTY, MUNICIPALITY, OR CITY AND COUNTY SHALL NOT13
2724+ADOPT, ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION14
2725+IMPOSING ANY GREATER CRIMINAL OR CIVIL PENALTY THAN PROVIDED BY15
2726+THIS SECTION OR THAT IS OTHERWISE IN CONFLICT WITH THIS SECTION .16
2727+(10) N
2728+OTHING IN THIS SECTION PROHIBITS A PERSON OR ANY17
2729+ENTITY WHO OCCUPIES , OWNS, OR CONTROLS A PROPERTY FROM18
2730+PROHIBITING OR OTHERWISE REGULATING THE CULTIVATION OR19
2731+MANUFACTURE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT20
2732+ON OR IN THAT PROPERTY.21
32362733 (11) N
32372734 OTWITHSTANDING ANY OTHER LAW TO THE CONTRARY , THE
3238-OFFENSES PROVIDED FOR IN THIS SECTION DO NOT APPLY TO A PERSON
3239-POSSESSING
3240-, DISPLAYING, CULTIVATING, PURCHASING, OR SELLING A LIVING
3241-PLANT FOR ORNAMENTAL PURPOSES ONLY THAT WAS COMMONLY AND
3242-LAWFULLY SOLD PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
3243-. FOR
3244-PURPOSES OF THIS SECTION
3245-, A "LIVING PLANT" DOES NOT INCLUDE
3246-MUSHROOMS OR OTHER FUNGAL MATTER
3247-.
3248-(12) A
3249-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
3250-REQUIRES
3251-:
2735+22
2736+OFFENSES PROVIDED FOR IN THIS SECTION DO NOT APPLY TO A PERSON23
2737+POSSESSING, DISPLAYING, CULTIVATING, PURCHASING, OR SELLING A24
2738+LIVING PLANT FOR ORNAMENTAL PURPOSES ONLY THAT WAS COMMONLY25
2739+AND LAWFULLY SOLD PRIOR TO THE EFFECTIVE DATE OF THIS SECTION . FOR26
2740+PURPOSES OF THIS SECTION , A "LIVING PLANT" DOES NOT INCLUDE27
2741+290
2742+-80- MUSHROOMS OR OTHER FUNGAL MATTER .1
2743+(12) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE2
2744+REQUIRES:3
32522745 (a) "I
3253-NHERENTLY HAZARDOUS SUBSTANCE " MEANS ANY LIQUID
3254-CHEMICAL
3255-, COMPRESSED GAS, OR COMMERCIAL PRODUCT THAT HAS A FLASH
3256-POINT AT OR LOWER THAN THIRTY
3257--EIGHT DEGREES CELSIUS OR ONE
3258-HUNDRED DEGREES FAHRENHEIT
3259-, INCLUDING BUTANE, PROPANE, AND
3260-DIETHYL ETHER
3261-, AND EXCLUDING ALL FORMS OF ALCOHOL AND ETHANOL .
2746+NHERENTLY HAZARDOUS SUBSTANCE " MEANS ANY LIQUID4
2747+CHEMICAL, COMPRESSED GAS, OR COMMERCIAL PRODUCT THAT HAS A5
2748+FLASH POINT AT OR LOWER THAN THIRTY-EIGHT DEGREES CELSIUS OR ONE6
2749+HUNDRED DEGREES FAHRENHEIT , INCLUDING BUTANE, PROPANE, AND7
2750+DIETHYL ETHER, AND EXCLUDING ALL FORMS OF ALCOHOL AND ETHANOL .8
32622751 (b) (I) "N
3263-ATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES :
2752+ATURAL MEDICINE" MEANS THE FOLLOWING9
2753+SUBSTANCES:10
32642754 (A) D
3265-IMETHYLTRYPTAMINE;
2755+IMETHYLTRYPTAMINE;11
32662756 (B) M
3267-ESCALINE;
2757+ESCALINE;12
32682758 (C) I
3269-BOGAINE;
2759+BOGAINE;13
32702760 (D) P
3271-SILOCYBIN; OR
3272-(E) PSILOCYN.
2761+SILOCYBIN; OR14
2762+(E) P
2763+SILOCYN.15
32732764 (II) "N
3274-ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
3275-SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION
3276-(12)(b), INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING COMPOUND
3277-OF NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL SYNTHESIS
3278-,
3279-CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.
3280-PAGE 63-SENATE BILL 23-290 (III) NOTWITHSTANDING SUBSECTION (12)(b)(I) OF THIS SECTION,
2765+ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR16
2766+SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION17
2767+(12)(b),
2768+ INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING18
2769+COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL19
2770+SYNTHESIS, CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.20
2771+(III) N
2772+OTWITHSTANDING SUBSECTION (12)(b)(I)
2773+ OF THIS SECTION,21
32812774 "
3282-MESCALINE" DOES NOT INCLUDE PEYOTE , MEANING ALL PARTS OF THE
3283-PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE
3284-,
3285-WHETHER GROWING OR NOT ; ITS SEEDS; ANY EXTRACT FROM ANY PART OF
3286-THE PLANT
3287-, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR
3288-PREPARATION OF THE PLANT
3289-; OR ITS SEEDS OR EXTRACTS.
2775+MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE22
2776+PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE ,23
2777+WHETHER GROWING OR NOT ; ITS SEEDS; ANY EXTRACT FROM ANY PART OF24
2778+THE PLANT, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR25
2779+PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS.26
32902780 (c) "N
3291-ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED
3292-WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION
3293-.
2781+ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED27
2782+290
2783+-81- WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .1
32942784 (d) "P
3295-ERSONAL USE" MEANS THE CONSUMPTION OR USE OF NATURAL
3296-MEDICINE OR NATURAL MEDICINE PRODUCT
3297-; OR THE AMOUNT OF NATURAL
3298-MEDICINE OR NATURAL MEDICINE PRODUCT A PERSON MAY LAWFULLY
3299-POSSESS
3300-, CULTIVATE, OR MANUFACTURE THAT IS NECESSARY TO SHARE WITH
3301-ANOTHER PERSON WHO IS TWENTY
3302--ONE YEARS OF AGE OR OLDER WITHIN THE
3303-CONTEXT OF COUNSELING
3304-, SPIRITUAL GUIDANCE , BENEFICIAL
3305-COMMUNITY
3306--BASED USE AND HEALING , SUPPORTED USE, OR RELATED
3307-SERVICES
3308-. "PERSONAL USE" DOES NOT MEAN THE SALE OF NATURAL
3309-MEDICINE OR NATURAL MEDICINE PRODUCT FOR REMUNERATION
3310-; THE
3311-POSSESSION
3312-, CULTIVATION, OR MANUFACTURE OF NATURAL MEDICINE OR
3313-NATURAL MEDICINE PRODUCT WITH INTENT TO SELL THE NATURAL MEDICINE
3314-OR NATURAL MEDICINE PRODUCT FOR REMUNERATION
3315-; OR THE POSSESSION,
3316-CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF NATURAL MEDICINE OR
3317-NATURAL MEDICINE PRODUCT FOR BUSINESS OR COMMERCIAL PURPOSES
3318-,
3319-EXCEPT AS PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE
3320-44. NOTHING IN THIS SECTION PRECLUDES REMUNERATION FOR BONA FIDE
3321-HARM REDUCTION SERVICES OR BONA FIDE SUPPORT SERVICES USED
3322-CONCURRENTLY WITH THE SHARING OF NATURAL MEDICINE OR NATURAL
3323-MEDICINE PRODUCT
3324-, PROVIDED THAT THERE IS NO ADVERTISEMENT RELATED
3325-TO THE SHARING OF NATURAL MEDICINE
3326-, NATURAL MEDICINE PRODUCT, OR
3327-THE SERVICES PROVIDED
3328-, AND PROVIDED THAT THE INDIVIDUAL PROVIDING
3329-THE SERVICES INFORMS AN INDIVIDUAL ENGAGING IN THE SERVICES THAT
3330-THE INDIVIDUAL IS NOT A LICENSED FACILITATOR PURSUANT TO ARTICLE
3331-170
3332-OF TITLE 12.
2785+ERSONAL USE" MEANS THE CONSUMPTION OR USE OF2
2786+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT ; OR THE AMOUNT OF3
2787+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT A PERSON MAY4
2788+LAWFULLY POSSESS, CULTIVATE, OR MANUFACTURE THAT IS NECESSARY5
2789+TO SHARE WITH ANOTHER PERSON WHO IS TWENTY -ONE YEARS OF AGE OR6
2790+OLDER WITHIN THE CONTEXT OF COUNSELING , SPIRITUAL GUIDANCE,7
2791+BENEFICIAL COMMUNITY-BASED USE AND HEALING, SUPPORTED USE, OR8
2792+RELATED SERVICES. "PERSONAL USE" DOES NOT MEAN THE SALE OF9
2793+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT FOR10
2794+REMUNERATION; THE POSSESSION, CULTIVATION, OR MANUFACTURE OF11
2795+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT WITH INTENT TO12
2796+SELL THE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT FOR13
2797+REMUNERATION; OR THE POSSESSION, CULTIVATION, MANUFACTURE, OR14
2798+DISTRIBUTION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT15
2799+FOR BUSINESS OR COMMERCIAL PURPOSES , EXCEPT AS PROVIDED BY16
2800+ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44. NOTHING IN THIS
2801+17
2802+SECTION PRECLUDES REMUNERATION FOR BONA FIDE HARM REDUCTION18
2803+SERVICES OR BONA FIDE SUPPORT SERVICES USED CONCURRENTLY WITH19
2804+THE SHARING OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT ,20
2805+PROVIDED THAT THERE IS NO ADVERTISEMENT RELATED TO THE SHARING21
2806+OF NATURAL MEDICINE, NATURAL MEDICINE PRODUCT , OR THE SERVICES22
2807+PROVIDED, AND PROVIDED THAT THE INDIVIDUAL PROVIDING THE SERVICES23
2808+INFORMS AN INDIVIDUAL ENGAGING IN THE SERVICES THAT THE24
2809+INDIVIDUAL IS NOT A LICENSED FACILITATOR PURSUANT TO ARTICLE 17025
2810+OF TITLE 12.26
33332811 (e) "P
3334-RIVATE PROPERTY" MEANS A DWELLING, ITS CURTILAGE, AND
3335-A STRUCTURE WITHIN THE CURTILAGE THAT IS BEING USED BY A NATURAL
3336-PERSON OR NATURAL PERSONS FOR HABITATION AND THAT IS NOT OPEN TO
3337-THE PUBLIC
3338-.
3339-PAGE 64-SENATE BILL 23-290 (f) "REMUNERATION" MEANS ANYTHING OF VALUE , INCLUDING
3340-MONEY
3341-, REAL PROPERTY, TANGIBLE AND INTANGIBLE PERSONAL PROPERTY ,
3342-CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, ANY RIGHT OF USE OR
3343-EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED THEREWITH
3344-,
3345-BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
3346-SECTION 32. In Colorado Revised Statutes, add 10-16-162 as
3347-follows:
3348-10-16-162. Prohibition on discrimination for coverage based
2812+RIVATE PROPERTY" MEANS A DWELLING, ITS CURTILAGE, AND27
2813+290
2814+-82- A STRUCTURE WITHIN THE CURTILAGE THAT IS BEING USED BY A NATURAL1
2815+PERSON OR NATURAL PERSONS FOR HABITATION AND THAT IS NOT OPEN TO2
2816+THE PUBLIC.3
2817+(f) "R
2818+EMUNERATION" MEANS ANYTHING OF VALUE , INCLUDING4
2819+MONEY, REAL PROPERTY , TANGIBLE AND INTANGIBLE PERSONAL5
2820+PROPERTY, CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, ANY RIGHT OF6
2821+USE OR EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED7
2822+THEREWITH, BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.8
2823+SECTION 32. In Colorado Revised Statutes, add 10-16-158 as9
2824+follows:10
2825+10-16-158. Prohibition on discrimination for coverage based11
33492826 solely on natural medicine consumption - definitions. (1) A
3350- CARRIER
3351-THAT OFFERS
3352-, ISSUES, OR RENEWS A HEALTH BENEFIT PLAN SHALL NOT ,
3353-SOLELY ON THE BASIS OF A PERSON'S CONSUMPTION OF NATURAL MEDICINE
3354-OR NATURAL MEDICINE PRODUCT
3355-:
2827+ CARRIER12
2828+THAT OFFERS, ISSUES, OR RENEWS A HEALTH BENEFIT PLAN SHALL NOT ,13
2829+SOLELY ON THE BASIS OF A PERSON'S CONSUMPTION OF NATURAL MEDICINE14
2830+OR NATURAL MEDICINE PRODUCT :15
33562831 (a) D
3357-ECLINE OR LIMIT COVERAGE OF A PERSON; OR
3358-(b) PENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE
3359-FOR A PERSON
3360-.
2832+ECLINE OR LIMIT COVERAGE OF A PERSON; OR16
2833+(b) P
2834+ENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE17
2835+FOR A PERSON.18
33612836 (2) A
3362- CARRIER THAT OFFERS, ISSUES, OR RENEWS A HEALTH BENEFIT
3363-PLAN THAT PROVIDES COVERAGE FOR ANATOMICAL GIFTS
3364-, ORGAN
3365-TRANSPLANTS
3366-, OR RELATED TREATMENTS OR SERVICES SHALL NOT , SOLELY
3367-ON THE BASIS OF A COVERED PERSON
3368-'S CONSUMPTION OF NATURAL MEDICINE
3369-OR NATURAL MEDICINE PRODUCT
3370-:
2837+ CARRIER THAT OFFERS, ISSUES, OR RENEWS A HEALTH19
2838+BENEFIT PLAN THAT PROVIDES COVERAGE FOR ANATOMICAL GIFTS , ORGAN20
2839+TRANSPLANTS, OR RELATED TREATMENTS OR SERVICES SHALL NOT ,21
2840+SOLELY ON THE BASIS OF A COVERED PERSON'S CONSUMPTION OF NATURAL22
2841+MEDICINE OR NATURAL MEDICINE PRODUCT :23
33712842 (a) D
3372-ENY COVERAGE TO A COVERED PERSON FOR AN ORGAN
3373-TRANSPLANT OR RELATED TREATMENT OR SERVICES
3374-;
2843+ENY COVERAGE TO A COVERED PERSON FOR AN ORGAN24
2844+TRANSPLANT OR RELATED TREATMENT OR SERVICES ;25
33752845 (b) D
3376-ECLINE OR LIMIT COVERAGE OF A COVERED PERSON SOLELY FOR
3377-THE PURPOSE OF AVOIDING THE REQUIREMENTS OF THIS SECTION
3378-; OR
3379-(c) PENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE
3380-FOR A COVERED PERSON FOR HEALTH
3381--CARE SERVICES RELATED TO ORGAN
3382-TRANSPLANTATION
3383-, AS DETERMINED IN CONSULTATION WITH THE
3384-ATTENDING PHYSICIAN AND THE COVERED PERSON OR THE COVERED
3385-PERSON
3386-'S REPRESENTATIVE.
2846+ECLINE OR LIMIT COVERAGE OF A COVERED PERSON SOLELY26
2847+FOR THE PURPOSE OF AVOIDING THE REQUIREMENTS OF THIS SECTION ; OR27
2848+290
2849+-83- (c) PENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE1
2850+FOR A COVERED PERSON FOR HEALTH-CARE SERVICES RELATED TO ORGAN2
2851+TRANSPLANTATION, AS DETERMINED IN CONSULTATION WITH THE3
2852+ATTENDING PHYSICIAN AND THE COVERED PERSON OR THE COVERED4
2853+PERSON'S REPRESENTATIVE.5
33872854 (3) T
3388-HIS SECTION DOES NOT REQUIRE A HEALTH BENEFIT PLAN TO
3389-PROVIDE COVERAGE FOR THE DONATION OF AN ANATOMICAL GIFT
3390-, AN ORGAN
3391-PAGE 65-SENATE BILL 23-290 TRANSPLANT, OR RELATED TREATMENT OR SERVICES .
2855+HIS SECTION DOES NOT REQUIRE A HEALTH BENEFIT PLAN TO6
2856+PROVIDE COVERAGE FOR THE DONATION OF AN ANATOMICAL GIFT , AN7
2857+ORGAN TRANSPLANT, OR RELATED TREATMENT OR SERVICES .8
33922858 (4) F
3393-OR THE PURPOSES OF THIS SECTION , UNLESS THE CONTEXT
3394-OTHERWISE REQUIRES
3395-:
2859+OR THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT9
2860+OTHERWISE REQUIRES:10
33962861 (a) "A
3397-NATOMICAL GIFT" MEANS THE DONATION OF PART OF A HUMAN
3398-BODY FOR THE PURPOSE OF TRANSPLANTATION TO ANOTHER PERSON
3399-.
2862+NATOMICAL GIFT" MEANS THE DONATION OF PART OF A11
2863+HUMAN BODY FOR THE PURPOSE OF TRANSPLANTATION TO ANOTHER12
2864+PERSON.13
34002865 (b) (I) "N
3401-ATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES :
2866+ATURAL MEDICINE" MEANS THE FOLLOWING14
2867+SUBSTANCES:15
34022868 (A) D
3403-IMETHYLTRYPTAMINE;
2869+IMETHYLTRYPTAMINE;16
34042870 (B) M
3405-ESCALINE;
2871+ESCALINE;17
34062872 (C) I
3407-BOGAINE;
2873+BOGAINE;18
34082874 (D) P
3409-SILOCYBIN; OR
3410-(E) PSILOCYN.
2875+SILOCYBIN; OR19
2876+(E) P
2877+SILOCYN.20
34112878 (II) "N
3412-ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
3413-SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION
2879+ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR21
2880+SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION22
34142881 (4)(b),
3415-INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING COMPOUND OF
3416-NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL SYNTHESIS
3417-,
3418-CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.
2882+INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING COMPOUND23
2883+OF NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL SYNTHESIS ,24
2884+CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.25
34192885 (c) "N
3420-ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED
3421-WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION
3422-.
3423-SECTION 33. In Colorado Revised Statutes, 17-2-102, add (8.5)(d)
3424-as follows:
3425-17-2-102. Division of adult parole - general powers, duties, and
3426-functions - definition. (8.5) (d) T
3427-HIS SUBSECTION (8.5) DOES NOT APPLY TO
3428-A PAROLEE WHO POSSESSES OR USES NATURAL MEDICINE OR NATURAL
3429-MEDICINE PRODUCT AS AUTHORIZED PURSUANT TO SECTION
3430-18-18-434,
3431-ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
3432-SECTION 34. In Colorado Revised Statutes, 17-2-201, add (5.3)
3433-as follows:
3434-PAGE 66-SENATE BILL 23-290 17-2-201. State board of parole - duties - definitions.
3435-(5.3) N
3436-OTWITHSTANDING ANY LAW TO THE CONTRARY , THE POSSESSION OR
3437-USE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
3438-, AS
3439-AUTHORIZED PURSUANT TO SECTION
3440-18-18-434, ARTICLE 170 OF TITLE 12,
3441-OR ARTICLE 50 OF TITLE 44, MUST NOT BE CONSIDERED AN OFFENSE SUCH
3442-THAT ITS POSSESSION OR USE CONSTITUTES A VIOLATION OF CONDITIONS OF
3443-PAROLE
3444-.
3445-SECTION 35. In Colorado Revised Statutes, 18-1.3-204, amend
3446-(2)(a)(VIII) introductory portion; and add (1)(c) as follows:
3447-18-1.3-204. Conditions of probation - interstate compact
3448-probation transfer cash fund - creation. (1) (c) N
3449-OTWITHSTANDING THE
3450-PROVISIONS OF SUBSECTION
3451- (1)(a) OF THIS SECTION, THE POSSESSION OR USE
3452-OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
3453-, AS AUTHORIZED
3454-PURSUANT TO SECTION
3455-18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50
3456-OF TITLE 44, MUST NOT BE CONSIDERED ANOTHER OFFENSE SUCH THAT ITS
3457-USE CONSTITUTES A VIOLATION OF THE TERMS OF PROBATION
3458-.
3459-(2) (a) When granting probation, the court may, as a condition of
3460-probation, require that the defendant:
3461-(VIII) Refrain from excessive use of alcohol or any unlawful use of
3462-controlled substances, as defined in section 18-18-102 (5), or of any other
3463-dangerous or abusable drug without a prescription; except that the court
3464-shall not, as a condition of probation,
3465-PROHIBIT THE POSSESSION OR USE OF
3466-NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
3467-, AS AUTHORIZED
3468-PURSUANT TO SECTION
3469-18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50
3470-OF TITLE 44. FURTHERMORE, THE COURT SHALL NOT, AS A CONDITION OF
3471-PROBATION
3472-, prohibit the possession or use of medical marijuana, as
3473-authorized pursuant to section 14 of article XVIII of the state constitution,
3474-unless:
3475-SECTION 36. In Colorado Revised Statutes, 19-2.5-103, amend
3476-(1)(a)(I) and (5) as follows:
3477-19-2.5-103. Jurisdiction. (1) Except as otherwise provided by law,
3478-the juvenile court has exclusive original jurisdiction in proceedings:
3479-(a) Concerning any juvenile ten years of age or older who has
3480-PAGE 67-SENATE BILL 23-290 violated:
3481-(I) Any federal or state law, except nonfelony state traffic, game and
3482-fish, and parks and recreation laws or rules; the offense specified in section
3483-18-13-122, concerning the illegal possession or consumption of ethyl
3484-alcohol or marijuana by an underage person or illegal possession of
3485-marijuana paraphernalia by an underage person; the offenses specified in
3486-section 18-18-406 (5)(b)(I) and (5)(b)(II), concerning marijuana and
2886+ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED26
2887+WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION .27
2888+290
2889+-84- SECTION 33. In Colorado Revised Statutes, 17-2-102, add1
2890+(8.5)(d) as follows:2
2891+17-2-102. Division of adult parole - general powers, duties, and3
2892+functions - definition. (8.5) (d) THIS SUBSECTION (8.5) DOES NOT APPLY4
2893+TO A PAROLEE WHO POSSESSES OR USES NATURAL MEDICINE OR NATURAL5
2894+MEDICINE PRODUCT AS AUTHORIZED PURSUANT TO SECTION 18-18-434,6
2895+ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.7
2896+SECTION 34. In Colorado Revised Statutes, 17-2-201, add (5.3)8
2897+as follows:9
2898+17-2-201. State board of parole - duties - definitions.10
2899+(5.3) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE POSSESSION11
2900+OR USE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT, AS12
2901+AUTHORIZED PURSUANT TO SECTION 18-18-434, ARTICLE 170 OF TITLE 12,13
2902+OR ARTICLE 50 OF TITLE 44, MUST NOT BE CONSIDERED AN OFFENSE SUCH14
2903+THAT ITS POSSESSION OR USE CONSTITUTES A VIOLATION OF CONDITIONS15
2904+OF PAROLE.16
2905+SECTION 35. In Colorado Revised Statutes, 18-1.3-204, amend17
2906+(2)(a)(VIII) introductory portion; and add (1)(c) as follows:18
2907+18-1.3-204. Conditions of probation - interstate compact19
2908+probation transfer cash fund - creation. (1) (c) NOTWITHSTANDING20
2909+THE PROVISIONS OF SUBSECTION (1)(a) OF THIS SECTION, THE POSSESSION21
2910+OR USE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , AS22
2911+AUTHORIZED PURSUANT TO SECTION 18-18-434, ARTICLE 170 OF TITLE 12,23
2912+OR ARTICLE 50 OF TITLE 44, MUST NOT BE CONSIDERED ANOTHER OFFENSE24
2913+SUCH THAT ITS USE CONSTITUTES A VIOLATION OF THE TERMS OF25
2914+PROBATION.26
2915+(2) (a) When granting probation, the court may, as a condition of27
2916+290
2917+-85- probation, require that the defendant:1
2918+(VIII) Refrain from excessive use of alcohol or any unlawful use2
2919+of controlled substances, as defined in section 18-18-102 (5), or of any3
2920+other dangerous or abusable drug without a prescription; except that the4
2921+court shall not, as a condition of probation, PROHIBIT THE POSSESSION OR5
2922+USE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT, AS6
2923+AUTHORIZED PURSUANT TO SECTION 18-18-434, ARTICLE 170 OF TITLE 12,7
2924+OR ARTICLE 50 OF TITLE 44. FURTHERMORE, THE COURT SHALL NOT, AS A8
2925+CONDITION OF PROBATION, prohibit the possession or use of medical9
2926+marijuana, as authorized pursuant to section 14 of article XVIII of the10
2927+state constitution, unless:11
2928+SECTION 36. In Colorado Revised Statutes, 19-2.5-103, amend12
2929+(1)(a)(I) and (5) as follows:13
2930+19-2.5-103. Jurisdiction. (1) Except as otherwise provided by14
2931+law, the juvenile court has exclusive original jurisdiction in proceedings:15
2932+(a) Concerning any juvenile ten years of age or older who has16
2933+violated:17
2934+(I) Any federal or state law, except nonfelony state traffic, game18
2935+and fish, and parks and recreation laws or rules; the offense specified in19
2936+section 18-13-122, concerning the illegal possession or consumption of20
2937+ethyl alcohol or marijuana by an underage person or illegal possession of21
2938+marijuana paraphernalia by an underage person; the offenses specified in22
2939+section 18-18-406 (5)(b)(I) and (5)(b)(II), concerning marijuana and23
34872940 marijuana concentrate;
34882941 THE OFFENSES SPECIFIED IN SECTION 18-18-434
3489-CONCERNING NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT ; and
3490-the civil infraction in section 18-7-109 (3), concerning exchange of a
3491-private image by a juvenile;
3492-(5) Notwithstanding any other provision of this section to the
3493-contrary, the juvenile court and the county court have concurrent
3494-jurisdiction over a juvenile who is under eighteen years of age and who is
3495-charged with a violation of section 18-13-122, 18-18-406 (5)(b)(I) and
3496-(5)(b)(II), 18-18-428, 18-18-429, 18-18-430, 18-18-434, or 42-4-1301;
3497-except that, if the juvenile court accepts jurisdiction over such a juvenile,
3498-the county court jurisdiction terminates.
3499-SECTION 37. In Colorado Revised Statutes, 19-3-103, add (4) as
3500-follows:
2942+24
2943+CONCERNING NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT ; and25
2944+the civil infraction in section 18-7-109 (3), concerning exchange of a26
2945+private image by a juvenile;27
2946+290
2947+-86- (5) Notwithstanding any other provision of this section to the1
2948+contrary, the juvenile court and the county court have concurrent2
2949+jurisdiction over a juvenile who is under eighteen years of age and who3
2950+is charged with a violation of section 18-13-122, 18-18-406 (5)(b)(I) and4
2951+(5)(b)(II), 18-18-428, 18-18-429, 18-18-430, 18-18-434, or 42-4-1301;5
2952+except that, if the juvenile court accepts jurisdiction over such a juvenile,6
2953+the county court jurisdiction terminates.7
2954+SECTION 37. In Colorado Revised Statutes, 19-3-103, add (4)8
2955+as follows:9
35012956 19-3-103. Child not neglected - when. (4) (a) A
3502- PERSON WHO
3503-PERFORMS OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO
2957+ PERSON WHO10
2958+PERFORMS OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO11
2959+SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 4412
2960+DOES
2961+NOT CONSTITUTE CHILD ABUSE OR NEGLECT BY A PARENT OR LEGAL13
2962+GUARDIAN FOR PURPOSES OF THIS ARTICLE 3, UNLESS IT THREATENS THE14
2963+HEALTH OR WELFARE OF A CHILD.15
2964+(b) T
2965+HE COURT SHALL NOT RESTRICT OR PROHIBIT FAMILY TIME, OR16
2966+DETERMINE THAT FAMILY TIME IS NOT IN THE CHILD 'S BEST INTERESTS,17
2967+BASED SOLELY ON THE FACT THAT A PERSON PERFORMS OR HAS18
2968+PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO SECTION19
2969+18-18-434,
2970+ ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, UNLESS20
2971+THE COURT FINDS THAT THE CHILD'S SAFETY OR MENTAL, EMOTIONAL, OR21
2972+PHYSICAL HEALTH IS AT RISK AS A RESULT OF THE FAMILY TIME .22
2973+SECTION 38. In Colorado Revised Statutes, 24-72-706, amend23
2974+(1)(h); and add (1)(f.5) as follows:24
2975+24-72-706. Sealing of criminal conviction and criminal justice25
2976+records - processing fee. (1) Sealing of conviction records.26
2977+(f.5) (I) NOTWITHSTANDING ANY PROVISION OF THIS PART 7 TO THE27
2978+290
2979+-87- CONTRARY, A MOTION FILED FOR THE SEALING OF CONVICTION RECORDS1
2980+FOR AN OFFENSE THAT WAS UNLAWFUL AT THE TIME OF CONVICTION, BUT2
2981+IS NO LONGER UNLAWFUL PURSUANT TO SECTION 18-18-434, MAY BE FILED3
2982+AT ANY TIME. THE COURT SHALL ORDER THE RECORDS SEALED UNLESS THE4
2983+DISTRICT ATTORNEY OBJECTS PURSUANT TO SUBSECTION (1)(f.5)(II) OF5
2984+THIS SECTION.6
2985+(II) IF A MOTION IS FILED FOR THE SEALING OF AN OFFENSE7
2986+DESCRIBED IN THIS SUBSECTION (1)(f.5), THE DEFENDANT SHALL PROVIDE8
2987+NOTICE OF THE MOTION TO THE DISTRICT ATTORNEY, WHO MAY OBJECT.9
2988+THE DISTRICT ATTORNEY SHALL DETERMINE WHETHER TO OBJECT TO THE10
2989+MOTION BASED ON WHETHER THE UNDERLYING CONVICTION FOR AN11
2990+OFFENSE IS NO LONGER UNLAWFUL PURSUANT TO SECTION 18-18-434. THE12
2991+DISTRICT ATTORNEY SHALL DETERMINE WHETHER TO OBJECT AND PROVIDE13
2992+NOTICE TO THE COURT WITHIN FORTY-TWO DAYS OF RECEIPT OF THE14
2993+MOTION. IF THE DISTRICT ATTORNEY OBJECTS TO THE MOTION, THE COURT15
2994+SHALL SET THE MATTER FOR HEARING AND THE BURDEN IS ON THE16
2995+DEFENDANT TO SHOW BY A PREPONDERANCE OF THE EVIDENCE THAT THE17
2996+UNDERLYING FACTUAL BASIS OF THE CONVICTION SOUGHT TO BE SEALED18
2997+IS NO LONGER UNLAWFUL PURSUANT TO SECTION 18-18-434.19
2998+(III) (A) A DEFENDANT WHO FILES A MOTION PURSUANT TO THIS20
2999+SUBSECTION (1)(f.5) MUST NOT BE CHARGED FEES OR COSTS .21
3000+(B) NOTWITHSTANDING SUBSECTION (1)(c) OF THIS SECTION, A22
3001+DEFENDANT WHO FILES A MOTION PURSUANT TO THIS SUBSECTION (1)(f.5)23
3002+IS NOT REQUIRED TO SUBMIT A VERIFIED COPY OF THE DEFENDANT 'S24
3003+CRIMINAL HISTORY WITH A FILED MOTION .25
3004+(C) SECTION 24-72-703 (2)(a)(V) DOES NOT APPLY TO CONVICTION26
3005+RECORDS SEALED PURSUANT TO THIS SUBSECTION (1)(f.5). 27
3006+290
3007+-88- (h) A defendant who files a motion to seal criminal justice records1
3008+pursuant to this section shall pay a processing fee of sixty-five dollars to2
3009+cover the actual costs related to the sealing of the criminal justice records.3
3010+The defendant shall pay to the Colorado bureau of investigation any costs4
3011+related to the sealing of the defendant's criminal justice records in the5
3012+custody of the bureau. The court shall waive the processing fee upon a6
3013+determination that:7
3014+(I) The defendant is indigent; or8
3015+(II) The defendant's records should have been automatically9
3016+sealed pursuant to section 13-3-117, 24-72-704, or 24-72-705;
3017+OR10
3018+(III) T
3019+HE DEFENDANT FILED A MOTION TO SEAL PURSUANT TO11
3020+SUBSECTION (1)(f.5) OF THIS SECTION.12
35043021 SECTION
3505-18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44
3506-DOES NOT CONSTITUTE CHILD ABUSE OR NEGLECT BY A PARENT OR LEGAL
3507-GUARDIAN FOR PURPOSES OF THIS ARTICLE
3508-3, UNLESS IT THREATENS THE
3509-HEALTH OR WELFARE OF A CHILD
3510-.
3022+39. In Colorado Revised Statutes, add 24-76.5-104 as13
3023+follows:14
3024+24-76.5-104. Natural medicine consumption consideration15
3025+prohibited - exception. C
3026+ONSIDERATION OF WHETHER A PERSON16
3027+PERFORMS OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO17
3028+SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 4418
3029+IS NOT A REQUIREMENT FOR ELIGIBILITY FOR A PUBLIC ASSISTANCE19
3030+PROGRAM, UNLESS CONSIDERATION IS REQUIRED PURSUANT TO FEDERAL20
3031+LAW.21
3032+SECTION
3033+40. In Colorado Revised Statutes, add 25-56-104.5 as22
3034+follows:23
3035+25-56-104.5. Prohibition on discrimination for organ24
3036+transplants based solely on natural medicine consumption -25
3037+applicability. (1) T
3038+HIS ARTICLE 56 APPLIES TO ALL STAGES OF THE ORGAN26
3039+TRANSPLANT PROCESS.27
3040+290
3041+-89- (2) A COVERED ENTITY SHALL NOT, SOLELY ON THE BASIS OF A1
3042+PERSON'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE2
3043+PRODUCT:3
3044+(a) C
3045+ONSIDER THE INDIVIDUAL INELIGIBLE TO RECEIVE AN4
3046+ANATOMICAL GIFT OR ORGAN TRANSPLANT ;5
3047+(b) D
3048+ENY MEDICAL SERVICES OR OTHER SERVICES RELATED TO6
3049+ORGAN TRANSPLANTATION , INCLUDING DIAGNOSTIC SERVICES ,7
3050+EVALUATION, SURGERY, COUNSELING, AND POST-OPERATIVE TREATMENT8
3051+AND SERVICES;9
3052+(c) R
3053+EFUSE TO REFER THE INDIVIDUAL TO A TRANSPLANT CENTER10
3054+OR OTHER RELATED SPECIALIST FOR THE PURPOSE OF BEING EVALUATED11
3055+FOR OR RECEIVING AN ORGAN TRANSPLANT ;12
3056+(d) R
3057+EFUSE TO PLACE A QUALIFIED RECIPIENT ON AN ORGAN13
3058+TRANSPLANT WAITING LIST; OR14
3059+(e) P
3060+LACE A QUALIFIED RECIPIENT ON AN ORGAN TRANSPLANT15
3061+WAITING LIST AT A LOWER PRIORITY POSITION THAN THE POSITION AT16
3062+WHICH THE PERSON WOULD HAVE BEEN PLACED IF THE PERSON DID NOT17
3063+CONSUME NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT .18
3064+(3) N
3065+OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A19
3066+COVERED ENTITY MAY TAKE A PERSON 'S CONSUMPTION OF NATURAL20
3067+MEDICINE OR NATURAL MEDICINE PRODUCT INTO ACCOUNT WHEN MAKING21
3068+TREATMENT OR COVERAGE RECOMMENDATIONS OR DECISIONS , SOLELY TO22
3069+THE EXTENT THAT THE NATURAL MEDICINE OR NATURAL MEDICINE23
3070+PRODUCT CONSUMPTION HAS BEEN FOUND BY A PHYSICIAN OR SURGEON ,24
3071+FOLLOWING AN INDIVIDUALIZED EVALUATION OF THE PERSON , TO BE25
3072+MEDICALLY SIGNIFICANT TO THE PROVISION OF THE ANATOMICAL GIFT OR26
3073+ORGAN TRANSPLANT.27
3074+290
3075+-90- (4) A COVERED ENTITY SHALL:1
3076+(a) M
3077+AKE REASONABLE MODIFICATIONS TO ITS POLICIES ,2
3078+PRACTICES, AND PROCEDURES TO ALLOW A PERSON WHO CONSUMES3
3079+NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT ACCESS TO4
3080+TRANSPLANTATION-RELATED SERVICES, INCLUDING DIAGNOSTIC SERVICES,5
3081+SURGERY, COVERAGE, POST-OPERATIVE TREATMENT, AND COUNSELING,6
3082+UNLESS THE COVERED ENTITY DEMONSTRATES THAT MAKING SUCH7
3083+MODIFICATIONS WOULD FUNDAMENTALLY ALTER THE NATURE OF THE8
3084+SERVICES PROVIDED; AND9
35113085 (b) T
3512-HE COURT SHALL NOT RESTRICT OR PROHIBIT FAMILY TIME , OR
3513-DETERMINE THAT FAMILY TIME IS NOT IN THE CHILD
3514-'S BEST INTERESTS,
3515-BASED SOLELY ON THE FACT THAT A PERSON PERFORMS OR HAS PERFORMED
3516-AN ACTION THAT IS LAWFUL PURSUANT TO SECTION
3517-18-18-434, ARTICLE 170
3518-OF TITLE 12, OR ARTICLE 50 OF TITLE 44, UNLESS THE COURT FINDS THAT THE
3519-CHILD
3520-'S SAFETY OR MENTAL, EMOTIONAL, OR PHYSICAL HEALTH IS AT RISK
3521-AS A RESULT OF THE FAMILY TIME
3522-.
3523-SECTION 38. In Colorado Revised Statutes, 24-72-706, amend
3524-PAGE 68-SENATE BILL 23-290 (1)(h); and add (1)(f.5) as follows:
3525-24-72-706. Sealing of criminal conviction and criminal justice
3526-records - processing fee. (1) Sealing of conviction records.
3527-(f.5) (I) N
3528-OTWITHSTANDING ANY PROVISION OF THIS PART 7 TO THE
3529-CONTRARY
3530-, A MOTION FILED FOR THE SEALING OF CONVICTION RECORDS FOR
3531-AN OFFENSE THAT WAS UNLAWFUL AT THE TIME OF CONVICTION
3532-, BUT IS NO
3533-LONGER UNLAWFUL PURSUANT TO SECTION
3534-18-18-434, MAY BE FILED AT
3535-ANY TIME
3536-. THE COURT SHALL ORDER THE RECORDS SEALED UNLESS THE
3537-DISTRICT ATTORNEY OBJECTS PURSUANT TO SUBSECTION
3538- (1)(f.5)(II) OF THIS
3086+AKE REASONABLE AND NECESSARY STEPS TO ENSURE THAT A10
3087+PERSON'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE11
3088+PRODUCT IS NOT THE REASON THE PERSON IS DENIED MEDICAL SERVICES12
3089+OR OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION , INCLUDING13
3090+DIAGNOSTIC SERVICES, SURGERY, POST-OPERATIVE TREATMENT , OR14
3091+COUNSELING, DUE TO THE ABSENCE OF AUXILIARY AIDS OR SERVICES ,15
3092+UNLESS THE COVERED ENTITY DEMONSTRATES THAT TAKING SUCH STEPS16
3093+WOULD FUNDAMENTALLY ALTER THE NATURE OF THE MEDICAL SERVICES17
3094+OR OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION OR WOULD18
3095+RESULT IN AN UNDUE BURDEN FOR THE COVERED ENTITY .19
3096+(5) N
3097+OTHING IN THIS ARTICLE 56 REQUIRES A COVERED ENTITY TO20
3098+MAKE A REFERRAL OR RECOMMENDATION FOR OR PERFORM A MEDICALLY21
3099+INAPPROPRIATE ORGAN TRANSPLANT .22
35393100 SECTION
3540-.
3541-(II) I
3542-F A MOTION IS FILED FOR THE SEALING OF AN OFFENSE
3543-DESCRIBED IN THIS SUBSECTION
3544- (1)(f.5), THE DEFENDANT SHALL PROVIDE
3545-NOTICE OF THE MOTION TO THE DISTRICT ATTORNEY
3546-, WHO MAY OBJECT. THE
3547-DISTRICT ATTORNEY SHALL DETERMINE WHETHER TO OBJECT TO THE MOTION
3548-BASED ON WHETHER THE UNDERLYING CONVICTION FOR AN OFFENSE IS NO
3549-LONGER UNLAWFUL PURSUANT TO SECTION
3550-18-18-434. THE DISTRICT
3551-ATTORNEY SHALL DETERMINE WHETHER TO OBJECT AND PROVIDE NOTICE TO
3552-THE COURT WITHIN FORTY
3553--TWO DAYS OF RECEIPT OF THE MOTION . IF THE
3554-DISTRICT ATTORNEY OBJECTS TO THE MOTION
3555-, THE COURT SHALL SET THE
3556-MATTER FOR HEARING AND THE BURDEN IS ON THE DEFENDANT TO SHOW BY
3557-A PREPONDERANCE OF THE EVIDENCE THAT THE UNDERLYING FACTUAL BASIS
3558-OF THE CONVICTION SOUGHT TO BE SEALED IS NO LONGER UNLAWFUL
3559-PURSUANT TO SECTION
3560-18-18-434.
3561-(III) (A) A
3562- DEFENDANT WHO FILES A MOTION PURSUANT TO THIS
3563-SUBSECTION
3564- (1)(f.5) MUST NOT BE CHARGED FEES OR COSTS .
3565-(B) N
3566-OTWITHSTANDING SUBSECTION (1)(c) OF THIS SECTION, A
3567-DEFENDANT WHO FILES A MOTION PURSUANT TO THIS SUBSECTION
3568- (1)(f.5)
3569-IS NOT REQUIRED TO SUBMIT A VERIFIED COPY OF THE DEFENDANT 'S
3570-CRIMINAL HISTORY WITH A FILED MOTION
3571-.
3572-(C) S
3573-ECTION 24-72-703 (2)(a)(V) DOES NOT APPLY TO CONVICTION
3574-RECORDS SEALED PURSUANT TO THIS SUBSECTION
3575- (1)(f.5).
3576-(h) A defendant who files a motion to seal criminal justice records
3577-pursuant to this section shall pay a processing fee of sixty-five dollars to
3578-cover the actual costs related to the sealing of the criminal justice records.
3579-PAGE 69-SENATE BILL 23-290 The defendant shall pay to the Colorado bureau of investigation any costs
3580-related to the sealing of the defendant's criminal justice records in the
3581-custody of the bureau. The court shall waive the processing fee upon a
3582-determination that:
3583-(I) The defendant is indigent; or
3584-(II) The defendant's records should have been automatically sealed
3585-pursuant to section 13-3-117, 24-72-704, or 24-72-705;
3586-OR
3587-(III) THE DEFENDANT FILED A MOTION TO SEAL PURSUANT TO
3588-SUBSECTION
3589- (1)(f.5) OF THIS SECTION.
3590-SECTION 39. In Colorado Revised Statutes, add 24-76.5-104 as
3591-follows:
3592-24-76.5-104. Natural medicine consumption consideration
3593-prohibited - exception. C
3594-ONSIDERATION OF WHETHER A PERSON PERFORMS
3595-OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO SECTION
3596-18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44 IS NOT A
3597-REQUIREMENT FOR ELIGIBILITY FOR A PUBLIC ASSISTANCE PROGRAM
3598-, UNLESS
3599-CONSIDERATION IS REQUIRED PURSUANT TO FEDERAL LAW
3600-.
3601-SECTION 40. In Colorado Revised Statutes, add 25-56-104.5 as
3602-follows:
3603-25-56-104.5. Prohibition on discrimination for organ transplants
3604-based solely on natural medicine consumption - applicability. (1) T
3605-HIS
3606-ARTICLE
3607-56 APPLIES TO ALL STAGES OF THE ORGAN TRANSPLANT PROCESS .
3608-(2) A
3609- COVERED ENTITY SHALL NOT , SOLELY ON THE BASIS OF A
3610-PERSON
3611-'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE
3612-PRODUCT
3613-:
3614-(a) C
3615-ONSIDER THE INDIVIDUAL INELIGIBLE TO RECEIVE AN
3616-ANATOMICAL GIFT OR ORGAN TRANSPLANT
3617-;
3618-(b) D
3619-ENY MEDICAL SERVICES OR OTHER SERVICES RELATED TO
3620-ORGAN TRANSPLANTATION
3621-, INCLUDING DIAGNOSTIC SERVICES, EVALUATION,
3622-SURGERY, COUNSELING, AND POST-OPERATIVE TREATMENT AND SERVICES ;
3623-PAGE 70-SENATE BILL 23-290 (c) REFUSE TO REFER THE INDIVIDUAL TO A TRANSPLANT CENTER OR
3624-OTHER RELATED SPECIALIST FOR THE PURPOSE OF BEING EVALUATED FOR OR
3625-RECEIVING AN ORGAN TRANSPLANT
3626-;
3627-(d) R
3628-EFUSE TO PLACE A QUALIFIED RECIPIENT ON AN ORGAN
3629-TRANSPLANT WAITING LIST
3630-; OR
3631-(e) PLACE A QUALIFIED RECIPIENT ON AN ORGAN TRANSPLANT
3632-WAITING LIST AT A LOWER PRIORITY POSITION THAN THE POSITION AT WHICH
3633-THE PERSON WOULD HAVE BEEN PLACED IF THE PERSON DID NOT CONSUME
3634-NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
3635-.
3636-(3) N
3637-OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A COVERED
3638-ENTITY MAY TAKE A PERSON
3639-'S CONSUMPTION OF NATURAL MEDICINE OR
3640-NATURAL MEDICINE PRODUCT INTO ACCOUNT WHEN MAKING TREATMENT OR
3641-COVERAGE RECOMMENDATIONS OR DECISIONS
3642-, SOLELY TO THE EXTENT THAT
3643-THE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT CONSUMPTION
3644-HAS BEEN FOUND BY A PHYSICIAN OR SURGEON
3645-, FOLLOWING AN
3646-INDIVIDUALIZED EVALUATION OF THE PERSON
3647-, TO BE MEDICALLY
3648-SIGNIFICANT TO THE PROVISION OF THE ANATOMICAL GIFT OR ORGAN
3649-TRANSPLANT
3650-.
3651-(4) A
3652- COVERED ENTITY SHALL:
3653-(a) M
3654-AKE REASONABLE MODIFICATIONS TO ITS POLICIES, PRACTICES,
3655-AND PROCEDURES TO ALLOW A PERSON WHO CONSUMES NATURAL MEDICINE
3656-OR NATURAL MEDICINE PRODUCT ACCESS TO TRANSPLANTATION
3657--RELATED
3658-SERVICES
3659-, INCLUDING DIAGNOSTIC SERVICES , SURGERY, COVERAGE,
3660-POST-OPERATIVE TREATMENT , AND COUNSELING, UNLESS THE COVERED
3661-ENTITY DEMONSTRATES THAT MAKING SUCH MODIFICATIONS WOULD
3662-FUNDAMENTALLY ALTER THE NATURE OF THE SERVICES PROVIDED
3663-; AND
3664-(b) TAKE REASONABLE AND NECESSARY STEPS TO ENSURE THAT A
3665-PERSON
3666-'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE
3667-PRODUCT IS NOT THE REASON THE PERSON IS DENIED MEDICAL SERVICES OR
3668-OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION
3669-, INCLUDING
3670-DIAGNOSTIC SERVICES
3671-, SURGERY, POST-OPERATIVE TREATMENT , OR
3672-COUNSELING
3673-, DUE TO THE ABSENCE OF AUXILIARY AIDS OR SERVICES ,
3674-UNLESS THE COVERED ENTITY DEMONSTRATES THAT TAKING SUCH STEPS
3675-WOULD FUNDAMENTALLY ALTER THE NATURE OF THE MEDICAL SERVICES OR
3676-PAGE 71-SENATE BILL 23-290 OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION OR WOULD RESULT
3677-IN AN UNDUE BURDEN FOR THE COVERED ENTITY
3678-.
3679-(5) N
3680-OTHING IN THIS ARTICLE 56 REQUIRES A COVERED ENTITY TO
3681-MAKE A REFERRAL OR RECOMMENDATION FOR OR PERFORM A MEDICALLY
3682-INAPPROPRIATE ORGAN TRANSPLANT
3683-.
3684-SECTION 41. In Colorado Revised Statutes, 35-36-102, amend
3685-(14)(b) as follows:
3686-35-36-102. Rules - definitions. As used in this article 36, unless the
3687-context otherwise requires:
3688-(14) (b) "Farm products" does not include poultry and poultry
3689-products, timber products, nursery stock, commodities, or
3690- marijuana, OR
3691-NATURAL MEDICINE AS DEFINED IN SECTION
3692-12-170-104 (12).
3693-SECTION 42. In Colorado Revised Statutes, 39-22-104, add
3694-(4)(r.5) as follows:
3695-39-22-104. Income tax imposed on individuals, estates, and
3696-trusts - single rate - report - legislative declaration - definitions - repeal.
3697-(4) There shall be subtracted from federal taxable income:
3101+41. In Colorado Revised Statutes, 35-36-102, amend23
3102+(14)(b) as follows:24
3103+35-36-102. Rules - definitions. As used in this article 36, unless25
3104+the context otherwise requires:26
3105+(14) (b) "Farm products" does not include poultry and poultry27
3106+290
3107+-91- products, timber products, nursery stock, commodities, or marijuana, OR1
3108+NATURAL MEDICINE AS DEFINED IN SECTION 12-170-104 (12).2
3109+SECTION 42. In Colorado Revised Statutes, 39-22-104, add3
3110+(4)(r.5) as follows:4
3111+39-22-104. Income tax imposed on individuals, estates, and5
3112+trusts - single rate - report - legislative declaration - definitions -6
3113+repeal. (4) There shall be subtracted from federal taxable income:7
36983114 (r.5) F
3699-OR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
3700-1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE "COLORADO
3701-NATURAL MEDICINE CODE", ARTICLE 50 OF TITLE 44, AN AMOUNT EQUAL TO
3702-ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED AS A FEDERAL INCOME
3703-TAX DEDUCTION BUT IS DISALLOWED BY SECTION
3704-280E OF THE INTERNAL
3705-REVENUE CODE BECAUSE NATURAL MEDICINE IS A CONTROLLED SUBSTANCE
3706-UNDER FEDERAL LAW
3707-;
3708-SECTION 43. In Colorado Revised Statutes, 39-22-304, add
3709-(3)(m.5) as follows:
3710-39-22-304. Net income of corporation - legislative declaration -
3711-definitions - repeal. (3) There shall be subtracted from federal taxable
3712-income:
3115+OR INCOME TAX YEARS COMMENCING ON OR AFTER8
3116+J
3117+ANUARY 1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE9
3118+"C
3119+OLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF TITLE 44, AN10
3120+AMOUNT EQUAL TO ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED11
3121+AS A FEDERAL INCOME TAX DEDUCTION BUT IS DISALLOWED BY SECTION12
3122+280E
3123+ OF THE INTERNAL REVENUE CODE BECAUSE NATURAL MEDICINE IS A13
3124+CONTROLLED SUBSTANCE UNDER FEDERAL LAW ;14
3125+SECTION
3126+43. In Colorado Revised Statutes, 39-22-304, add15
3127+(3)(m.5) as follows:16
3128+39-22-304. Net income of corporation - legislative declaration17
3129+- definitions - repeal. (3) There shall be subtracted from federal taxable18
3130+income:19
37133131 (m.5) F
3714-OR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
3715-PAGE 72-SENATE BILL 23-290 1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE "COLORADO
3716-NATURAL MEDICINE CODE", ARTICLE 50 OF TITLE 44, AN AMOUNT EQUAL TO
3717-ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED AS A FEDERAL INCOME
3718-TAX DEDUCTION BUT IS DISALLOWED BY SECTION
3719-280E OF THE INTERNAL
3720-REVENUE CODE BECAUSE NATURAL MEDICINE IS A CONTROLLED SUBSTANCE
3721-UNDER FEDERAL LAW
3722-;
3723-SECTION 44. Appropriation. (1) For the 2023-24 state fiscal year,
3724-$733,658 General Fund is appropriated to the department of revenue. To
3725-implement this act, the department may use this appropriation as follows:
3726-(a) $536,826 for use by the natural medicine division for the
3727-enforcement and regulation of natural medicines, which amount is based on
3728-an assumption that the department will require an additional 4.7 FTE;
3729-(b) $6,500 for tax administration IT system (GenTax) support; and
3730-(c) $190,332 for the purchase of legal services.
3731-(2) For the 2023-24 state fiscal year, $190,332 is appropriated to the
3732-department of law. This appropriation is from reappropriated funds received
3733-from the department of revenue under subsection (1)(c) of this section and
3734-is based on an assumption that the department of law will require an
3735-additional 1.0 FTE. To implement this act, the department of law may use
3736-this appropriation to provide legal services for the department of revenue.
3737-(3) For the 2023-24 state fiscal year, $101,150 is appropriated to the
3738-department of law. This appropriation is from the legal services cash fund
3739-created in section 24-31-108 (4), C.R.S., from revenue received from the
3740-department of regulatory agencies that is continuously appropriated to the
3741-department of regulatory agencies from the regulated natural medicine
3742-access program fund created in section 12-170-106 (1), C.R.S. The
3743-appropriation to the department of law is based on an assumption that the
3744-department of law will require an additional 0.5 FTE. To implement this
3745-act, the department of law may use this appropriation to provide legal
3746-services for the department of regulatory agencies.
3747-(4) For the 2023-24 state fiscal year, $838,402 General Fund is
3748-appropriated to the department of public health and environment for use by
3749-the division of disease control and public health response. This
3750-PAGE 73-SENATE BILL 23-290 appropriation is based on an assumption that division will require an
3751-additional 4.1 FTE. To implement this act, the division may use this
3752-appropriation for the natural medicine program related to laboratory
3753-services.
3754-SECTION 45. Effective date. This act takes effect July 1, 2023,
3755-and applies to offenses committed on or after July 1, 2023.
3756-PAGE 74-SENATE BILL 23-290 SECTION 46. Safety clause. The general assembly hereby finds,
3757-determines, and declares that this act is necessary for the immediate
3758-preservation of the public peace, health, or safety.
3759-____________________________ ____________________________
3760-Steve Fenberg Julie McCluskie
3761-PRESIDENT OF SPEAKER OF THE HOUSE
3762-THE SENATE OF REPRESENTATIVES
3763-____________________________ ____________________________
3764-Cindi L. Markwell Robin Jones
3765-SECRETARY OF CHIEF CLERK OF THE HOUSE
3766-THE SENATE OF REPRESENTATIVES
3767- APPROVED________________________________________
3768- (Date and Time)
3769- _________________________________________
3770- Jared S. Polis
3771- GOVERNOR OF THE STATE OF COLORADO
3772-PAGE 75-SENATE BILL 23-290
3132+OR INCOME TAX YEARS COMMENCING ON OR AFTER20
3133+J
3134+ANUARY 1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE21
3135+"C
3136+OLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF TITLE 44, AN22
3137+AMOUNT EQUAL TO ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED23
3138+AS A FEDERAL INCOME TAX DEDUCTION BUT IS DISALLOWED BY SECTION24
3139+280E
3140+ OF THE INTERNAL REVENUE CODE BECAUSE NATURAL MEDICINE IS A25
3141+CONTROLLED SUBSTANCE UNDER FEDERAL LAW ;26
3142+SECTION
3143+ 44. Appropriation. (1) For the 2023-24 state fiscal27
3144+290
3145+-92- year, $733,658 General Fund is appropriated to the department of1
3146+revenue. To implement this act, the department may use this appropriation2
3147+as follows:3
3148+(a) $536,826 for use by the natural medicine division for the4
3149+enforcement and regulation of natural medicines, which amount is based5
3150+on an assumption that the department will require an additional 4.7 FTE;6
3151+(b) $6,500 for tax administration IT system (GenTax) support; and7
3152+(c) $190,332 for the purchase of legal services.8
3153+(2) For the 2023-24 state fiscal year, $190,332 is appropriated to9
3154+the department of law. This appropriation is from reappropriated funds10
3155+received from the department of revenue under subsection (1)(c) of this11
3156+section and is based on an assumption that the department of law will12
3157+require an additional 1.0 FTE. To implement this act, the department of13
3158+law may use this appropriation to provide legal services for the14
3159+department of revenue.15
3160+(3) For the 2023-24 state fiscal year, $101,150 is appropriated to16
3161+the department of law. This appropriation is from the legal services cash17
3162+fund created in section 24-31-108 (4), C.R.S., from revenue received18
3163+from the department of regulatory agencies that is continuously19
3164+appropriated to the department of regulatory agencies from the regulated20
3165+natural medicine access program fund created in section 12-170-106 (1),21
3166+C.R.S. The appropriation to the department of law is based on an22
3167+assumption that the department of law will require an additional 0.5 FTE.23
3168+To implement this act, the department of law may use this appropriation24
3169+to provide legal services for the department of regulatory agencies.25
3170+(4) For the 2023-24 state fiscal year, $838,402 General Fund is26
3171+appropriated to the department of public health and environment for use27
3172+290
3173+-93- by the division of disease control and public health response. This1
3174+appropriation is based on an assumption that division will require an2
3175+additional 4.1 FTE. To implement this act, the division may use this3
3176+appropriation for the natural medicine program related to laboratory4
3177+services.5
3178+SECTION 45. Effective date. This act takes effect July 1, 2023,6
3179+and applies to offenses committed on or after July 1, 2023.7
3180+SECTION 46. Safety clause. The general assembly hereby finds,8
3181+determines, and declares that this act is necessary for the immediate9
3182+preservation of the public peace, health, or safety.10
3183+290
3184+-94-