SENATE BILL 23-290
BY SENATOR(S) Fenberg, Bridges, Ginal, Jaquez Lewis, Marchman,
Priola;
also REPRESENTATIVE(S) Amabile, Garcia, McCormick, Valdez.
C
ONCERNING NATURAL MEDICINE , AND, IN CONNECTION THEREWITH ,
MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-170-102, amend
(1)(b); and add (2) as follows:
12-170-102. Legislative declaration. (1) The voters of the state of
Colorado find and declare that:
(b) Coloradans are experiencing problematic mental health issues,
including but not limited to suicidality, addiction,
END-OF-LIFE DISTRESS,
depression, and anxiety.
(2) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT :
(a) C
ONSIDERABLE HARM MAY OCCUR TO THE FEDERALLY
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,
CULTURES, AND RELIGIONS IF NATURAL MEDICINE IS OVERLY COMMODIFIED ,
COMMERCIALIZED, AND EXPLOITED IN A MANNER THAT RESULTS IN THE
ERASURE OF IMPORTANT CULTURAL AND RELIGIOUS CONTEXT
;
(b) C
ONSIDERABLE HARM MAY OCCUR TO THE FEDERALLY
RECOGNIZED
AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,
CULTURES, AND RELIGIONS IF FACILITATORS, HEALING CENTERS, AND OTHER
NATURAL MEDICINE LICENSEES WITH MINIMAL OR NO CONNECTION TO
TRADITIONAL USE OF NATURAL MEDICINE MISAPPROPRIATE OR EXPLOIT
TRIBAL AND
INDIGENOUS CULTURES AND RELIGIONS ;
(c) I
T IS THE GENERAL ASSEMBLY'S INTENT TO ENSURE THAT THE
FEDERALLY RECOGNIZED
AMERICAN TRIBES AND INDIGENOUS PEOPLE,
COMMUNITIES, CULTURES, AND RELIGIONS ARE HONORED AND RESPECTED AS
THE STATE LEGALIZES AND REGULATES NATURAL MEDICINE
. BY ENACTING
LAWS
, RULES, AND ORDERS TO IMPLEMENT THIS ARTICLE 170 AND ARTICLE
50 OF TITLE 44, THE GENERAL ASSEMBLY, DIVISION, AND STATE LICENSING
AUTHORITY SHALL CONSIDER THE POTENTIAL FOR DIRECT AND INDIRECT
HARM THAT MAY OCCUR TO THE FEDERALLY RECOGNIZED
AMERICAN TRIBES
AND
INDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS THAT
HAVE A CONNECTION TO NATURAL MEDICINE
; AND
(d) ALTHOUGH THERE MAY BE TREMENDOUS POTENTIAL IN UTILIZING
NATURAL MEDICINE FOR MANAGING VARIOUS MENTAL HEALTH CONDITIONS
,
HEALING, AND SPIRITUAL GROWTH , THIS POTENTIAL MUST BE
APPROPRIATELY BALANCED WITH THE HEALTH AND SAFETY RISKS THAT IT
COULD POSE TO CONSUMERS AS WELL AS THE CULTURAL HARMS IT COULD
POSE TO THE FEDERALLY RECOGNIZED
AMERICAN TRIBES AND INDIGENOUS
AND TRADITIONAL COMMUNITIES THAT HAVE CONNECTIONS TO NATURAL
MEDICINE
.
SECTION 2. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-103 as follows:
12-170-103. Applicability of common provisions. A
RTICLES 1 AND
20 OF THIS TITLE 12 APPLY, ACCORDING TO THEIR TERMS, TO THIS ARTICLE
170.
SECTION 3. In Colorado Revised Statutes, repeal and reenact,
PAGE 2-SENATE BILL 23-290 with amendments, 12-170-104 as follows:
12-170-104. Definitions. A
S USED IN THIS ARTICLE 170, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
DMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT
A HEALING CENTER
, OR ANOTHER LOCATION AS ALLOWED BY THIS ARTICLE
170 AND ARTICLE 50 OF TITLE 44, DURING WHICH A PARTICIPANT CONSUMES
AND EXPERIENCES THE EFFECTS OF REGULATED NATURAL MEDICINE OR
REGULATED NATURAL MEDICINE PRODUCT UNDER THE SUPERVISION OF A
FACILITATOR
.
(2) "B
OARD" MEANS THE STATE NATURAL MEDICINE ADVISORY
BOARD CREATED IN SECTION
12-170-106.
(3) "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR THE
DIRECTOR
'S DESIGNEE.
(4) "D
IVISION" MEANS THE DIVISION OF PROFESSIONS AND
OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION
12-20-103.
(5) "F
ACILITATION" MEANS THE PERFORMANCE AND SUPERVISION OF
NATURAL MEDICINE SERVICES FOR A PARTICIPANT
.
(6) "F
ACILITATOR" MEANS AN INDIVIDUAL WHO IS TWENTY -ONE
YEARS OF AGE OR OLDER
; HAS THE NECESSARY QUALIFICATIONS, TRAINING,
EXPERIENCE, AND KNOWLEDGE, AS REQUIRED PURSUANT TO THIS ARTICLE
170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 170, TO PERFORM
AND SUPERVISE NATURAL MEDICINE SERVICES FOR A PARTICIPANT
; AND IS
LICENSED BY THE DIRECTOR TO ENGAGE IN THE PRACTICE OF FACILITATION
.
(7) "F
EDERALLY RECOGNIZED AMERICAN TRIBE" HAS THE SAME
MEANING AS
"INDIAN TRIBE" AS DEFINED BY THE FEDERAL "FEDERALLY
RECOGNIZED INDIAN TRIBE LIST ACT OF 1994", AS AMENDED.
(8) "H
EALING CENTER" MEANS A FACILITY WHERE AN ENTITY IS
LICENSED BY THE STATE LICENSING AUTHORITY PURSUANT TO ARTICLE
50 OF
TITLE
44 THAT PERMITS A FACILITATOR TO PROVIDE AND SUPERVISE
NATURAL MEDICINE SERVICES FOR A PARTICIPANT
.
PAGE 3-SENATE BILL 23-290 (9) "HEALTH-CARE FACILITY" MEANS AN ENTITY THAT IS LICENSED,
CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER MEDICAL
TREATMENT IN THIS STATE
, INCLUDING A HOSPITAL, CLINIC, HOSPICE ENTITY,
COMMUNITY MENTAL HEALTH CENTER , FEDERALLY QUALIFIED HEALTH
CENTER
, RURAL HEALTH CLINIC, ORGANIZATION PROVIDING A PROGRAM OF
ALL
-INCLUSIVE CARE FOR THE ELDERLY , LONG-TERM CARE FACILITY,
CONTINUING CARE RETIREMENT COMMUNITY , OR OTHER TYPE OF ENTITY
WHERE HEALTH CARE IS PROVIDED
.
(10) "I
NTEGRATION SESSION" MEANS A MEETING BETWEEN A
PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF AN
ADMINISTRATION SESSION
.
(11) "L
OCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR
CITY AND COUNTY
.
(12) (a) "N
ATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES :
(I) P
SILOCYBIN; OR
(II) PSILOCYN.
(b) I
N ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION (12)(a)
OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:
(I) D
IMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND
APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE
LICENSING AUTHORITY FOR INCLUSION ON OR AFTER
JUNE 1, 2026;
(II)
IBOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED BY
THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
AUTHORITY
; OR
(III) MESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
AUTHORITY FOR INCLUSION ON OR AFTER
JUNE 1, 2026.
(c) "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS
(12)(a)
AND (12)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY
PAGE 4-SENATE BILL 23-290 OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING
CHEMICAL SYNTHESIS
, CHEMICAL MODIFICATION , OR CHEMICAL
CONVERSION
.
(d) N
OTWITHSTANDING SUBSECTION (12)(b)(III) OF THIS SECTION,
"
MESCALINE" DOES NOT INCLUDE PEYOTE , MEANING ALL PARTS OF THE
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE
,
WHETHER GROWING OR NOT ; ITS SEED; ANY EXTRACT FROM ANY PART OF
THE PLANT
, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT
; OR ITS SEEDS OR EXTRACTS.
(13) "N
ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION
.
(14) "N
ATURAL MEDICINE SERVICES " MEANS A PREPARATION
SESSION
, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED
PURSUANT TO THIS ARTICLE
170.
(15) "P
ARTICIPANT" MEANS AN INDIVIDUAL WHO IS TWENTY -ONE
YEARS OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE SERVICES
PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR
.
(16) "P
REPARATION SESSION" MEANS A MEETING BETWEEN A
PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE AN ADMINISTRATION
SESSION
. "PREPARATION SESSION " DOES NOT MEAN AN INITIAL
CONSULTATION
, AN INQUIRY, OR RESPONSE ABOUT NATURAL MEDICINE
SERVICES
.
(17) "R
EGULATED NATURAL MEDICINE " MEANS NATURAL MEDICINE
THAT IS CULTIVATED
, MANUFACTURED, TESTED, STORED, DISTRIBUTED,
TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO ARTICLE 50 OF
TITLE
44.
(18) "R
EGULATED NATURAL MEDICINE PRODUCT " MEANS NATURAL
MEDICINE PRODUCT THAT IS CULTIVATED
, MANUFACTURED, TESTED, STORED,
DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO
ARTICLE
50 OF TITLE 44.
(19) "R
EMUNERATION" MEANS ANYTHING OF VALUE , INCLUDING
MONEY
, REAL PROPERTY, TANGIBLE AND INTANGIBLE PERSONAL PROPERTY ,
PAGE 5-SENATE BILL 23-290 CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT OF USE OR
EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED THEREWITH
,
BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
(20) "S
TATE LICENSING AUTHORITY " MEANS THE AUTHORITY
CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE
LICENSING OF THE CULTIVATION
, MANUFACTURING, TESTING, STORING,
DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE
PRODUCT IN THIS STATE PURSUANT TO SECTION
44-50-201.
SECTION 4. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-105 as follows:
12-170-105. Director powers and duties - prohibition - rules.
(1) I
N ADDITION TO ANY OTHER POWERS AND DUTIES GRANTED OR IMPOSED
ON THE DIRECTOR PURSUANT TO THIS ARTICLE
170 OR BY ANY OTHER LAW,
THE DIRECTOR HAS THE FOLLOWING POWERS AND DUTIES :
(a) T
O PROMULGATE RULES PURSUANT TO SECTION 12-20-204
CONCERNING THE FOLLOWING SUBJECTS :
(I) R
EQUIREMENTS FOR THE SAFE PROVISION OF REGULATED
NATURAL MEDICINE
, REGULATED NATURAL MEDICINE PRODUCT , AND
NATURAL MEDICINE SERVICES TO A PARTICIPANT
, INCLUDING:
(A) P
ARAMETERS FOR A PREPARATION SESSION, AN ADMINISTRATION
SESSION
, AND AN INTEGRATION SESSION, INCLUDING REQUIREMENTS FOR
PROVIDING AND VERIFYING THE COMPLETION OF EACH SESSION
; WHETHER
ANY OF THE SESSIONS MAY BE CONDUCTED USING TELEPHONE OR
AUDIO
-VISUAL COMMUNICATION TECHNOLOGY ; AND ANY TIMELINESS
REQUIREMENTS FOR WHEN EACH SESSION MUST BE COMPLETED IN RELATION
TO THE OTHER SESSIONS
;
(B) H
EALTH AND SAFETY WARNINGS THAT MUST BE PROVIDED TO A
PARTICIPANT BEFORE THE PREPARATION SESSION
, ADMINISTRATION SESSION,
AND INTEGRATION SESSION BEGIN;
(C) E
DUCATIONAL MATERIALS THAT MUST BE PROVIDED TO A
PARTICIPANT BEFORE THE PREPARATION SESSION
, ADMINISTRATION SESSION,
PAGE 6-SENATE BILL 23-290 AND INTEGRATION SESSION BEGIN;
(D) A
FORM THAT A PARTICIPANT , FACILITATOR, AND AN
AUTHORIZED REPRESENTATIVE OF THE HEALING CENTER MUST SIGN
, UNLESS
THE FACILITATOR IS A SOLE PRACTITIONER
, THEN ONLY THE PARTICIPANT
AND FACILITATOR MUST SIGN
, BEFORE THE PREPARATION SESSION ,
ADMINISTRATION SESSION, AND INTEGRATION SESSION BEGIN . AT A
MINIMUM
, THE FORM MUST PROVIDE THAT THE PARTICIPANT PROVIDED THE
PARTICIPANT
'S COMPLETE AND ACCURATE HEALTH INFORMATION TO THE
FACILITATOR AND THAT THE FACILITATOR PROVIDED TO THE PARTICIPANT
IDENTIFIED RISK FACTORS BASED UPON THE PARTICIPANT
'S PROVIDED
HEALTH INFORMATION AND DRUG CONTRAINDICATIONS
; PARTICIPANT
EXPECTATIONS OF THE NATURAL MEDICINE SERVICES
; PARAMETERS FOR
PHYSICAL CONTACT DURING NATURAL MEDICINE SERVICES
, THE
REQUIREMENT OF INFORMED CONSENT PERMITTING PHYSICAL CONTACT
, AND
THE RIGHT TO WITHDRAW CONSENT FOR PHYSICAL CONTACT
; AND RISKS OF
PARTICIPATING IN NATURAL MEDICINE SERVICES
.
(E) P
ROPER SUPERVISION BY THE FACILITATOR DURING THE
ADMINISTRATION SESSION
, AND REQUIREMENTS TO ENSURE THAT THE
PARTICIPANT HAS A DISCHARGE PLAN OR SAFE TRANSPORTATION FROM THE
HEALING CENTER
;
(F) P
ROVISIONS FOR GROUP ADMINISTRATION SESSIONS , INCLUDING
REQUIREMENTS FOR AN ADMINISTRATION SESSION THAT HAS ONE OR MORE
FACILITATORS PERFORMING AND SUPERVISING THE ADMINISTRATION SESSION
FOR MORE THAN ONE PARTICIPANT
;
(G) P
ROVISIONS TO PERMIT A FACILITATOR TO REFUSE TO PROVIDE
NATURAL MEDICINE SERVICES TO A PERSON BASED UPON HEALTH AND
SAFETY RISKS
, OR CIRCUMSTANCES PROMULGATED BY RULE ; AND
(H) THE DOSAGE LIMIT OF REGULATED NATURAL MEDICINE OR
REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE PROVIDED TO A
PARTICIPANT FOR CONSUMPTION DURING AN ADMINISTRATION SESSION
.
(II) R
EQUIREMENTS FOR THE LICENSING OF FACILITATORS , PRACTICE
OF FACILITATION
, AND PROFESSIONAL CONDUCT OF FACILITATORS ,
INCLUDING:
PAGE 7-SENATE BILL 23-290 (A) THE FORM AND PROCEDURES FOR APPLYING FOR A NEW LICENSE
OR RENEWING OR REINSTATING A LICENSE ISSUED PURSUANT TO THIS
ARTICLE
170;
(B) T
HE EDUCATIONAL AND EXPERIENTIAL REQUIREMENTS AND
QUALIFICATIONS FOR AN INDIVIDUAL TO BECOME A FACILITATOR
, INCLUDING
EDUCATION AND TRAINING ON PARTICIPANT SAFETY
, DRUG INTERACTIONS,
CONTRAINDICATIONS, MENTAL HEALTH AND STATE, PHYSICAL HEALTH AND
STATE
, SOCIAL AND CULTURAL CONSIDERATIONS , PREPARATION,
ADMINISTRATION, INTEGRATION, AND ETHICS. THE EDUCATIONAL
REQUIREMENTS MUST NOT REQUIRE A PROFESSIONAL LICENSE OR
PROFESSIONAL DEGREE OTHER THAN A FACILITATOR LICENSE ISSUED
PURSUANT TO THIS ARTICLE
170, EXCEPT THAT IF THERE ARE MULTIPLE TIERS
OF FACILITATOR LICENSES
, AN ADVANCED TIER OF FACILITATOR LICENSES
MAY REQUIRE ANOTHER PROFESSIONAL LICENSE OR PROFESSIONAL DEGREE
;
(C) O
VERSIGHT AND SUPERVISION REQUIREMENTS , INCLUDING
PROFESSIONAL RESPONSIBILITY STANDARDS AND CONTINUING EDUCATION
REQUIREMENTS
;
(D) E
STABLISHMENT OF PROFESSIONAL STANDARDS OF CONDUCT TO
PRACTICE FACILITATION
, OR A LICENSE, REGISTRATION, PERMIT, OR
CERTIFICATION PURSUANT TO THIS ARTICLE
170;
(E) P
ARAMETERS FOR PHYSICAL CONTACT WITH A PARTICIPANT
DURING NATURAL MEDICINE SERVICES
, INCLUDING REQUIREMENTS FOR
OBTAINING SIGNED INFORMED CONSENT FOR PERMISSIBLE PHYSICAL
CONTACT AND PERMITTING A PARTICIPANT TO WITHDRAW CONSENT FOR
PERMISSIBLE PHYSICAL CONTACT WITH A PARTICIPANT IN ANY MANNER AND
AT ANY TIME
;
(F) P
ERMITTING REMUNERATION FOR THE PROVISION OF NATURAL
MEDICINE SERVICES
;
(G) P
ERMITTING PROVISION OF GROUP ADMINISTRATION SESSIONS BY
ONE FACILITATOR WHO IS PERFORMING AND SUPERVISING THE
ADMINISTRATION SESSION FOR MORE THAN ONE PARTICIPANT
, AND
ESTABLISH A LIMIT ON THE TOTAL NUMBER OF PARTICIPANTS WHO MAY
PARTICIPATE IN A GROUP ADMINISTRATION SESSION THAT IS PERFORMED AND
SUPERVISED BY ONE FACILITATOR
;
PAGE 8-SENATE BILL 23-290 (H) RECORD-KEEPING, PRIVACY, AND CONFIDENTIALITY
REQUIREMENTS FOR LICENSEES
, REGISTRANTS, PERMITTEES, AND
CERTIFICATE HOLDERS
, INCLUDING PROTECTIONS PREVENTING DISCLOSURE
OF A PROSPECTIVE PARTICIPANT
'S OR PARTICIPANT'S PERSONALLY
IDENTIFIABLE INFORMATION TO THE PUBLIC
, THIRD PARTIES, OR ANY
GOVERNMENT AGENCY
, EXCEPT AS ALLOWED FOR PURPOSES EXPRESSLY
STATED PURSUANT TO THIS ARTICLE
170, RULES PROMULGATED PURSUANT
TO THIS ARTICLE
170, ARTICLE 50 OF TITLE 44, RULES PROMULGATED
PURSUANT TO ARTICLE
50 OF TITLE 44, OR FOR STATE OR LOCAL LAW
ENFORCEMENT AGENCIES TO ACCESS RECORDS AND INFORMATION FOR
OTHER STATE OR LOCAL LAW ENFORCEMENT
. THE INFORMATION OR
RECORDS RELATED TO A PARTICIPANT CONSTITUTE MEDICAL DATA AS
DESCRIBED IN SECTION
24-72-204 (3)(a)(I), AND THE INFORMATION OR
RECORDS MAY ONLY BE DISCLOSED TO THOSE PERSONS DIRECTLY INVOLVED
WITH AN ACTIVE INVESTIGATION OR PROCEEDING
.
(I) P
ARAMETERS FOR A FACILITATOR'S PERMISSIBLE AND PROHIBITED
FINANCIAL INTERESTS IN A HEALING CENTER
, LICENSE PURSUANT TO THIS
ARTICLE
170, OR LICENSE PURSUANT TO ARTICLE 50 OF TITLE 44; EXCEPT
THAT A FACILITATOR MAY NOT HAVE A FINANCIAL INTEREST IN MORE THAN
FIVE NATURAL MEDICINE BUSINESS LICENSES PURSUANT TO ARTICLE
50 OF
TITLE
44.
(J) P
ARAMETERS FOR A FACILITATOR TO PROVIDE AND SUPERVISE
NATURAL MEDICINE SERVICES AT AN AUTHORIZED LOCATION THAT IS NOT A
HEALING CENTER
'S LICENSED PREMISES, INCLUDING A HEALTH -CARE
FACILITY OR A PRIVATE RESIDENCE
;
(K) S
TANDARDS FOR ADVERTISING AND MARKETING A LICENSEE 'S
SERVICES
, INCLUDING: AVOIDING THE MISAPPROPRIATION AND
EXPLOITATION OF THE FEDERALLY RECOGNIZED
AMERICAN TRIBES AND
INDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS; AVOIDING
THE EXCESSIVE COMMERCIALIZATION OF NATURAL MEDICINE
, NATURAL
MEDICINE PRODUCT
, AND NATURAL MEDICINE SERVICES ; PROHIBITING
ADVERTISING AND MARKETING OF NATURAL MEDICINE
, NATURAL MEDICINE
PRODUCT
, AND NATURAL MEDICINE SERVICES DIRECTED TO INDIVIDUALS
WHO ARE UNDER TWENTY
-ONE YEARS OF AGE; AND OTHER PARAMETERS
DETERMINED NECESSARY BY THE DIRECTOR
.
(III) A
NY RULES NECESSARY TO DIFFERENTIATE BETWEEN THE TYPES
PAGE 9-SENATE BILL 23-290 OF REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
PRODUCT PROVIDED FOR PARTICIPANT CONSUMPTION DURING AN
ADMINISTRATION SESSION BASED ON QUALITIES
, TRADITIONAL USES, AND
SAFETY PROFILE
;
(IV) A
NY RULES DETERMINED NECESSARY BY THE DIRECTOR
RELATED TO THE POWERS OR DUTIES GRANTED OR IMPOSED ON THE
DIRECTOR PURSUANT TO THIS ARTICLE
170 OR BY ANY OTHER LAW; AND
(V) ANY OTHER MATTERS DETERMINED NECESSARY BY THE
DIRECTOR TO IMPLEMENT OR ADMINISTER THIS ARTICLE
170.
(b) B
EGINNING ON OR BEFORE DECEMBER 31, 2024, TO REVIEW
APPLICATIONS IN THE FORM AND MANNER DETERMINED BY THE DIRECTOR
FOR NEW LICENSES
, REGISTRATIONS, PERMITS, OR CERTIFICATES AFTER
PAYMENT OF THE REQUIRED FEE AND TO GRANT OR DENY LICENSES
,
REGISTRATIONS, PERMITS, OR CERTIFICATES AS PROVIDED IN THIS ARTICLE
170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 170. THE
DIVISION SHALL PRIORITIZE REVIEWING APPLICATIONS FROM APPLICANTS
WHO HAVE ESTABLISHED RESIDENCY IN
COLORADO.
(c) T
O ESTABLISH LICENSES, REGISTRATIONS, PERMITS, OR
CERTIFICATES DETERMINED NECESSARY BY THE DIRECTOR TO IMPLEMENT OR
ADMINISTER THIS ARTICLE
170, AND TO ESTABLISH ELIGIBILITY
REQUIREMENTS AND PRIVILEGES UNDER THE LICENSES
, REGISTRATIONS,
PERMITS, OR CERTIFICATES;
(d) T
O ESTABLISH, WHEN FINANCIALLY FEASIBLE , PROCEDURES,
POLICIES, AND PROGRAMS TO ENSURE THIS ARTICLE 170 AND RULES
PROMULGATED PURSUANT TO THIS ARTICLE
170 ARE EQUITABLE AND
INCLUSIVE AND PROMOTE THE LICENSING
, REGISTRATION, AND PERMITTING
OF
, AND PROVISION OF NATURAL MEDICINE AND NATURAL MEDICINE
PRODUCT TO
, PERSONS FROM COMMUNITIES THAT HAVE BEEN
DISPROPORTIONATELY HARMED BY HIGH RATES OF ARREST FOR CONTROLLED
SUBSTANCES
, PERSONS WHO FACE BARRIERS TO HEALTH -CARE ACCESS,
PERSONS WHO HAVE TRADITIONAL , TRIBAL, OR INDIGENOUS HISTORY WITH
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
, OR TO PERSONS WHO
ARE VETERANS
. THE DIRECTOR MAY CONSULT THE BOARD WHEN
CONSIDERING PROCEDURES
, POLICIES, AND PROGRAMS PURSUANT TO THIS
SUBSECTION
(1)(d).
PAGE 10-SENATE BILL 23-290 (e) TO CONDUCT INVESTIGATIONS AND HEARINGS , GATHER
EVIDENCE
, AND PURSUE DISCIPLINARY ACTIONS PURSUANT TO SECTIONS
12-20-403, 12-20-404, AND 24-4-105, AND THIS ARTICLE 170, WITH RESPECT
TO LICENSES
, REGISTRATIONS, PERMITS, OR CERTIFICATES WHEN THE
DIRECTOR HAS REASONABLE CAUSE TO BELIEVE THAT AN INDIVIDUAL OR
ENTITY IS VIOLATING THIS ARTICLE
170 OR A RULE PROMULGATED PURSUANT
TO THIS ARTICLE
170;
(f) T
O TAKE DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN
SECTION
12-20-404 OR LIMIT THE SCOPE OF PRACTICE OF AN APPLICANT ,
LICENSEE, REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER UPON PROOF
OF A VIOLATION OF THIS ARTICLE
170 OR A RULE PROMULGATED PURSUANT
TO THIS ARTICLE
170;
(g) T
O ISSUE CEASE -AND-DESIST ORDERS UNDER THE
CIRCUMSTANCES AND IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN
SECTION
12-20-405;
(h) (I) T
O PETITION A DISTRICT COURT FOR AN INVESTIGATIVE
SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED
, REGISTERED,
PERMITTED, OR CERTIFIED PURSUANT TO THIS ARTICLE 170 TO OBTAIN
DOCUMENTS OR INFORMATION NECESSARY TO ENFORCE A PROVISION OF THIS
ARTICLE
170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 170
AFTER REASONABLE EFFORTS HAVE BEEN MADE TO OBTAIN REQUESTED
DOCUMENTS OR INFORMATION WITHOUT A SUBPOENA
;
(II) T
O APPLY TO ANY COURT OF COMPETENT JURISDICTION TO
TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE
ACT IN QUESTION OF AN INDIVIDUAL WHO OR ENTITY THAT IS NOT LICENSED
,
REGISTERED, PERMITTED, OR CERTIFIED PURSUANT TO THIS ARTICLE 170 AND
TO ENFORCE COMPLIANCE WITH THIS ARTICLE
170 OR A RULE PROMULGATED
PURSUANT TO THIS ARTICLE
170 WHENEVER IT APPEARS TO THE DIRECTOR
UPON SUFFICIENT EVIDENCE SATISFACTORY TO THE DIRECTOR THAT AN
INDIVIDUAL OR ENTITY HAS BEEN OR IS COMMITTING AN ACT PROHIBITED BY
THIS ARTICLE
170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE
170, AND THE ACT:
(A) T
HREATENS PUBLIC HEALTH OR SAFETY ; OR
(B) CONSTITUTES AN UNLAWFUL ACT FOR WHICH THE INDIVIDUAL OR
PAGE 11-SENATE BILL 23-290 ENTITY DOES NOT HOLD THE REQUIRED LICENSE , REGISTRATION, PERMIT, OR
CERTIFICATE PURSUANT TO THIS ARTICLE
170 OR A RULE PROMULGATED
PURSUANT TO THIS ARTICLE
170;
(i) T
O MAINTAIN AND UPDATE AN ONLINE LIST THAT IS ACCESSIBLE
TO THE PUBLIC OF LICENSEES
, REGISTRANTS, PERMITTEES, AND CERTIFICATE
HOLDERS THAT INCLUDES WHETHER THE LICENSEE
, REGISTRANT, PERMITTEE,
OR CERTIFICATE HOLDER HAS HAD ITS LICENSE, REGISTRATION, PERMIT, OR
CERTIFICATE LIMITED
, SUSPENDED, OR REVOKED IN ACCORDANCE WITH A
DISCIPLINARY ACTION PURSUANT TO THIS ARTICLE
170;
(j) I
N COORDINATION WITH THE STATE LICENSING AUTHORITY
PURSUANT TO SECTION
44-50-202 (1)(k), ANNUALLY PUBLISH A PUBLICLY
AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND
ADMINISTRATION OF THIS ARTICLE
170 AND ARTICLE 50 OF TITLE 44. THE
REPORT MUST USE RELEVANT DATA
, AS DETERMINED BY THE DIRECTOR AND
THE STATE LICENSING AUTHORITY
, AND MUST NOT DISCLOSE THE IDENTITY
OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT COULD DISCLOSE
THE IDENTITY OF A PARTICIPANT
.
(k) P
ERFORM OTHER FUNCTIONS AND DUTIES NECESSARY TO
ADMINISTER THIS ARTICLE
170.
(2) T
HE DIRECTOR SHALL CONSULT THE BOARD WHEN CONSIDERING
AND PROMULGATING RULES PURSUANT TO THIS ARTICLE
170.
(3) T
HE DIVISION HAS AUTHORITY TO COLLECT AVAILABLE AND
RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS AND DUTIES
NECESSARY TO ADMINISTER THIS ARTICLE
170.
(4) T
HE DIRECTOR OR A DIVISION EMPLOYEE WITH REGULATORY
OVERSIGHT RESPONSIBILITIES FOR LICENSEES
, PERMITTEES, REGISTRANTS, OR
CERTIFICATE HOLDERS PURSUANT TO THIS ARTICLE
170 SHALL NOT WORK
FOR
, REPRESENT, PROVIDE CONSULTING SERVICES TO, OR OTHERWISE DERIVE
PECUNIARY GAIN FROM A LICENSEE
, PERMITTEE, REGISTRANT, OR
CERTIFICATE HOLDER THAT IS REGULATED PURSUANT TO THIS ARTICLE
170
OR ANY OTHER BUSINESS ESTABLISHED FOR THE PRIMARY PURPOSE OF
PROVIDING SERVICES TO THE NATURAL MEDICINE INDUSTRY FOR A PERIOD OF
SIX MONTHS AFTER THE EMPLOYEE
'S LAST DAY OF EMPLOYMENT WITH THE
DIVISION
.
PAGE 12-SENATE BILL 23-290 SECTION 5. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-106 as follows:
12-170-106. Board - creation - appointment - duties - report.
(1) T
HERE IS CREATED WITHIN THE DIVISION A NATURAL MEDICINE
ADVISORY BOARD
, WHICH CONSISTS OF FIFTEEN MEMBERS , TO ADVISE THE
DIVISION AND THE STATE LICENSING AUTHORITY CONCERNING THE
IMPLEMENTATION OF THIS ARTICLE
170 AND ARTICLE 50 OF TITLE 44.
(2) T
HE GOVERNOR SHALL APPOINT INITIAL BOARD MEMBERS ON OR
BEFORE
JANUARY 31, 2023, WITH CONSENT OF THE SENATE. THE MEMBERS
MUST INCLUDE
:
(a) S
EVEN MEMBERS WITH SIGNIFICANT EXPERTISE AND EXPERIENCE
IN ONE OR MORE OF THE FOLLOWING AREAS
: NATURAL MEDICINE THERAPY,
MEDICINE, AND RESEARCH ; MYCOLOGY AND NATURAL MEDICINE
CULTIVATION
; LICENSEE QUALIFICATIONS; EMERGENCY MEDICAL SERVICES
AND SERVICES PROVIDED BY FIRST RESPONDERS
; MENTAL AND BEHAVIORAL
HEALTH CARE
; HEALTH-CARE INSURANCE AND HEALTH -CARE POLICY; AND
PUBLIC HEALTH
, DRUG POLICY, AND HARM REDUCTION; AND
(b) EIGHT MEMBERS WITH SIGNIFICANT EXPERTISE AND EXPERIENCE
IN ONE OR MORE OF THE FOLLOWING AREAS
: RELIGIOUS USE OF NATURAL
MEDICINES
; ISSUES CONFRONTING VETERANS ; TRADITIONAL TRIBAL OR
INDIGENOUS USE OF NATURAL MEDICINES ; LEVELS AND DISPARITIES IN
ACCESS TO HEALTH
-CARE SERVICES AMONG DIFFERENT COMMUNITIES ; AND
PAST CRIMINAL JUSTICE REFORM EFFORTS IN
COLORADO. AT LEAST ONE OF
THE EIGHT MEMBERS MUST HAVE EXPERTISE OR EXPERIENCE IN
TRADITIONAL
, TRIBAL, OR INDIGENOUS USE OF NATURAL MEDICINES .
(3) T
HE BOARD INCLUDES THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE
, OR THE EXECUTIVE DIRECTOR 'S DESIGNEE,
SERVING AS A NON-VOTING MEMBER.
(4) (a) F
OR THE INITIAL BOARD, SEVEN OF THE MEMBERS ARE
APPOINTED TO A TERM OF TWO YEARS AND EIGHT MEMBERS ARE APPOINTED
TO A TERM OF FOUR YEARS AS DESIGNATED IN THE GOVERNOR
'S
APPOINTMENT
.
(b) A
T THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE
PAGE 13-SENATE BILL 23-290 INITIAL BOARD PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE
GOVERNOR SHALL APPOINT MEMBERS TO THE BOARD
, WITHOUT CONSENT OF
THE SENATE
. EACH MEMBER APPOINTED BY THE GOVERNOR IS APPOINTED TO
A TERM OF FOUR YEARS
.
(c) E
XCEPT FOR THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
AUTHORITY
, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, MEMBERS OF THE
BOARD MAY SERVE UP TO TWO CONSECUTIVE TERMS
. MEMBERS ARE SUBJECT
TO REMOVAL FOR MISCONDUCT
, INCOMPETENCE, NEGLECT OF DUTY, OR
UNPROFESSIONAL CONDUCT
.
(5) T
HE BOARD SHALL MAKE RECOMMENDATIONS TO THE DIRECTOR
AND STATE LICENSING AUTHORITY RELATED TO
, BUT NOT LIMITED TO, THE
FOLLOWING AREAS
:
(a) A
CCURATE PUBLIC HEALTH APPROACHES REGARDING USE ,
BENEFITS, HARMS, AND RISK REDUCTION FOR NATURAL MEDICINE AND
NATURAL MEDICINE PRODUCT AND THE CONTENT AND SCOPE OF
EDUCATIONAL CAMPAIGNS RELATED TO NATURAL MEDICINE AND NATURAL
MEDICINE PRODUCT
;
(b) R
ESEARCH RELATED TO THE EFFICACY AND REGULATION OF
NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT
, INCLUDING
RECOMMENDATIONS RELATED TO PRODUCT SAFETY
, HARM REDUCTION, AND
CULTURAL RESPONSIBILITY
;
(c) T
HE PROPER CONTENT OF TRAINING PROGRAMS , EDUCATIONAL
AND EXPERIENTIAL REQUIREMENTS
, AND QUALIFICATIONS FOR
FACILITATORS
. WHEN CONSIDERING RECOMMENDATIONS MADE PURSUANT
TO THIS SUBSECTION
(5)(c), THE BOARD MAY CONSIDER :
(I) T
IERED FACILITATOR LICENSING, FOR THE PURPOSE OF REQUIRING
VARYING LEVELS OF EDUCATION AND TRAINING DEPENDENT UPON THE TYPE
OF PARTICIPANT THAT THE FACILITATOR WILL BE PROVIDING SERVICES TO
AND THE TYPE OF SERVICES THE FACILITATOR WILL BE PROVIDING
;
(II) L
IMITED WAIVERS OF EDUCATION AND TRAINING REQUIREMENTS
BASED UPON THE APPLICANT
'S PRIOR EXPERIENCE, TRAINING, OR SKILLS,
INCLUDING BUT NOT LIMITED TO NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT
; AND
PAGE 14-SENATE BILL 23-290 (III) THE REMOVAL OF UNREASONABLE FINANCIAL OR LOGISTICAL
BARRIERS THAT MAKE OBTAINING A FACILITATOR LICENSE COMMERCIALLY
UNREASONABLE FOR INDIVIDUALS
, INCLUDING LOW-INCOME INDIVIDUALS.
(d) A
FFORDABLE, EQUITABLE, ETHICAL, AND CULTURALLY
RESPONSIBLE ACCESS TO NATURAL MEDICINE AND NATURAL MEDICINE
PRODUCT AND REQUIREMENTS TO ENSURE THIS ARTICLE
170 IS EQUITABLE
AND INCLUSIVE
. IN PERFORMING THIS REQUIREMENT , THE BOARD MAY
CONSIDER MAKING RECOMMENDATIONS ON WAYS TO REDUCE THE COSTS OF
LICENSURE FOR LOW
-INCOME INDIVIDUALS, FOR PROVIDING INCENTIVES FOR
THE PROVISION OF NATURAL MEDICINE SERVICES AT A REDUCED COST TO
INDIVIDUALS WITH LOW INCOME
, AND PROVIDING INCENTIVES FOR THE
PROVISION OF NATURAL MEDICINE SERVICES IN GEOGRAPHIC AND
CULTURALLY DIVERSE REGIONS OF THE STATE
.
(e) A
PPROPRIATE REGULATORY CONSIDERATIONS FOR EACH TYPE OF
NATURAL MEDICINE
, AND THE PREPARATION SESSION , ADMINISTRATION
SESSION
, AND INTEGRATION SESSION;
(f) T
HE ADDITION OF OTHER TYPES OF NATURAL MEDICINE TO THIS
ARTICLE
170 AND ARTICLE 50 OF TITLE 44 PURSUANT TO SECTION
12-170-104 (12)(b)(I), (12)(b)(II), OR (12)(b)(III) BASED ON AVAILABLE
MEDICAL
, PSYCHOLOGICAL, AND SCIENTIFIC STUDIES, RESEARCH, AND OTHER
INFORMATION RELATED TO THE SAFETY AND EFFICACY OF EACH NATURAL
MEDICINE
, AND SHALL PRIORITIZE CONSIDERING THE ADDITION OF IBOGAINE
PURSUANT TO SECTION
12-170-104 (12)(b)(II), TO THIS ARTICLE 170, AND
ARTICLE
50 OF TITLE 44;
(g) A
LL RULES TO BE PROMULGATED BY THE DIRECTOR PURSUANT TO
THIS ARTICLE
170, AND THE STATE LICENSING AUTHORITY PURSUANT TO
ARTICLE
50 OF TITLE 44; AND
(h) REQUIREMENTS FOR ACCURATE AND COMPLETE DATA
COLLECTION
, REPORTING, AND PUBLICATION OF INFORMATION RELATED TO
THE IMPLEMENTATION OF THIS ARTICLE
170.
(6) T
HE BOARD SHALL, ON AN ONGOING BASIS , REVIEW AND
EVALUATE EXISTING AND CURRENT RESEARCH
, STUDIES, AND REAL-WORLD
DATA RELATED TO NATURAL MEDICINE AND MAKE RECOMMENDATIONS TO
THE GENERAL ASSEMBLY AND OTHER RELEVANT STATE AGENCIES AS TO
PAGE 15-SENATE BILL 23-290 WHETHER NATURAL MEDICINE , NATURAL MEDICINE PRODUCT , NATURAL
MEDICINE SERVICES
, AND ASSOCIATED SERVICES SHOULD BE COVERED
UNDER HEALTH FIRST
COLORADO OR OTHER INSURANCE PROGRAMS AS A
COST
-EFFECTIVE INTERVENTION FOR VARIOUS MENTAL HEALTH CONDITIONS ,
INCLUDING, BUT NOT LIMITED TO, END-OF-LIFE DISTRESS, SUBSTANCE USE
DISORDER
, ALCOHOL USE DISORDER, DEPRESSIVE DISORDERS, NEUROLOGICAL
DISORDERS
, CLUSTER HEADACHES, AND POST-TRAUMATIC STRESS DISORDER.
(7) T
HE BOARD SHALL, ON AN ONGOING BASIS , REVIEW AND
EVALUATE SUSTAINABILITY ISSUES RELATED TO NATURAL MEDICINE AND
NATURAL MEDICINE PRODUCT AND THE IMPACT ON TRIBAL AND
INDIGENOUS
CULTURES AND DOCUMENT EXISTING RECIPROCITY EFFORTS AND
CONTINUING SUPPORT MEASURES THAT ARE NEEDED
.
(8) T
HE BOARD SHALL PUBLISH AN ANNUAL REPORT DESCRIBING ITS
ACTIVITIES
, INCLUDING THE RECOMMENDATIONS AND ADVICE PROVIDED TO
THE DIRECTOR
, THE STATE LICENSING AUTHORITY , AND THE GENERAL
ASSEMBLY
.
(9) T
HE DIVISION SHALL PROVIDE REASONABLE REQUESTED
TECHNICAL
, LOGISTICAL, AND OTHER SUPPORT TO THE BOARD TO ASSIST THE
BOARD WITH ITS DUTIES AND OBLIGATIONS
.
SECTION 6. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-107 as follows:
12-170-107. Federally recognized American tribes and
Indigenous community working group - creation - duties. (1) T
HE
DIRECTOR SHALL ESTABLISH THE FEDERALLY RECOGNIZED
AMERICAN TRIBES
AND
INDIGENOUS COMMUNITY WORKING GROUP FOR THE PURPOSE OF
ENGAGING AND CREATING A DIALOGUE TO IDENTIFY ISSUES RELATED TO THE
COMMERCIALIZATION OF NATURAL MEDICINE
, NATURAL MEDICINE PRODUCT,
AND NATURAL MEDICINE SERVICES FOR TRIBAL AND INDIGENOUS PEOPLE,
COMMUNITIES, CULTURES, AND RELIGIONS. THE COMMUNITY WORKING
GROUP SHALL STUDY THE FOLLOWING
:
(a) A
VOIDING THE MISAPPROPRIATION AND EXPLOITATION OF THE
FEDERALLY RECOGNIZED
AMERICAN TRIBES AND INDIGENOUS PEOPLE,
COMMUNITIES, CULTURES, AND RELIGIONS;
PAGE 16-SENATE BILL 23-290 (b) AVOIDING THE EXCESSIVE COMMERCIALIZATION OF NATURAL
MEDICINE
, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE
SERVICES
;
(c) A
NY CONSERVATION ISSUES ASSOCIATED WITH THE
LEGALIZATION AND REGULATION OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT
, INCLUDING THE POTENTIAL FOR FURTHER DEPLETION OF
PEYOTE DUE TO PEYOTE BEING A SOURCE OF MESCALINE
; AND
(d) BEST PRACTICES AND OPEN COMMUNICATION TO BUILD TRUST
AND UNDERSTANDING BETWEEN THE FEDERALLY RECOGNIZED
AMERICAN
TRIBES AND
INDIGENOUS PEOPLE AND COMMUNITIES , THE BOARD, THE
DIVISION
, THE STATE LICENSING AUTHORITY , AND LAW ENFORCEMENT
AGENCIES
, FOR THE PURPOSE OF AVOIDING UNNECESSARY BURDENS AND
CRIMINALIZATION OF TRADITIONAL TRIBAL AND
INDIGENOUS USES OF
NATURAL MEDICINE
.
(2) T
HE WORKING GROUP SHALL ADVISE THE BOARD AND THE
DIVISION ON ITS FINDINGS AND RECOMMENDATIONS PURSUANT TO THE
SUBJECTS IDENTIFIED IN SUBSECTION
(1) OF THIS SECTION.
(3) T
HE DIRECTOR IS ENCOURAGED TO ENGAGE WITH THE FEDERALLY
RECOGNIZED
AMERICAN TRIBES AND INDIGENOUS PEOPLE WHO HAVE
SIGNIFICANT EXPERIENCE WITH TRADITIONAL USE OF NATURAL MEDICINE
AND OTHER PERSONS DEEMED NECESSARY BY THE DIRECTOR FOR THE
PURPOSE OF THIS SECTION
.
SECTION 7. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-108 as follows:
12-170-108. License required - unauthorized practice -
mandatory disclosure of information - rule. (1) A
N INDIVIDUAL SHALL
NOT ENGAGE IN FACILITATION
, OR REPRESENT TO THE PUBLIC OR IDENTIFY
THE INDIVIDUAL
'S SELF AS A FACILITATOR, IN THIS STATE UNTIL THE
INDIVIDUAL HAS RECEIVED A LICENSE FROM THE DIRECTOR
.
(2) A
FACILITATOR SHALL CONSPICUOUSLY DISPLAY THE LICENSE
ISSUED BY THE DIRECTOR IN THE HEALING CENTER
, INCLUDING INFORMATION
CONCERNING HOW TO FILE A COMPLAINT AGAINST THE FACILITATOR WITH
THE DIRECTOR
.
PAGE 17-SENATE BILL 23-290 (3) EVERY LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE
HOLDER SHALL PROVIDE THE FOLLOWING INFORMATION IN WRITING TO EACH
PARTICIPANT PRIOR TO A PREPARATION SESSION
, ADMINISTRATION SESSION,
AND INTEGRATION SESSION:
(a) T
HE NAME, ADDRESS, AND PHONE NUMBER OF THE LICENSEE ,
PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER;
(b) A
N EXPLANATION OF THE REGULATIONS APPLICABLE TO THE
LICENSEE
, PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER PURSUANT TO
THIS ARTICLE
170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 170;
(c) A
LISTING OF TRAINING, EDUCATIONAL AND EXPERIENTIAL
REQUIREMENTS
, AND QUALIFICATIONS THE LICENSEE , PERMITTEE,
REGISTRANT, OR CERTIFICATE HOLDER PURSUANT TO THIS ARTICLE 170 OR
RULES PROMULGATED PURSUANT TO THIS ARTICLE
170 SATISFIED IN ORDER
TO OBTAIN A LICENSE
, PERMIT, REGISTRATION, OR CERTIFICATE;
(d) A
STATEMENT INDICATING THAT THE LICENSEE , PERMITTEE,
REGISTRANT, OR CERTIFICATE HOLDER IS REGULATED BY THE DIVISION, AND
AN ADDRESS AND TELEPHONE NUMBER FOR THE DIVISION
; AND
(e) A STATEMENT INDICATING THAT THE PARTICIPANT IS ENTITLED
TO RECEIVE INFORMATION ABOUT NATURAL MEDICINE SERVICES
, MAY
TERMINATE NATURAL MEDICINE SERVICES AT ANY TIME
, AND MAY
TERMINATE PREVIOUSLY PROVIDED INFORMED CONSENT FOR PHYSICAL
CONTACT AT ANY TIME
.
(4) N
OTHING IN THIS SECTION PROHIBITS AN INDIVIDUAL FROM
PERFORMING A BONA FIDE RELIGIOUS
, CULTURALLY TRADITIONAL , OR
SPIRITUAL CEREMONY
, IF THE INDIVIDUAL INFORMS AN INDIVIDUAL
ENGAGING IN THE CEREMONY THAT THE INDIVIDUAL IS NOT A LICENSED
FACILITATOR
, AND THAT THE CEREMONY IS NOT ASSOCIATED WITH
COMMERCIAL
, BUSINESS, OR FOR-PROFIT ACTIVITY.
SECTION 8. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-109 as follows:
12-170-109. Grounds for discipline. (1) T
HE DIRECTOR MAY TAKE
DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN SECTION
12-20-404
PAGE 18-SENATE BILL 23-290 UPON PROOF THAT THE LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE
HOLDER
:
(a) V
IOLATED A PROVISION OF THIS ARTICLE 170 OR A RULE
PROMULGATED PURSUANT TO THIS ARTICLE
170;
(b) H
AS BEEN CONVICTED OF OR HAS ENTERED A PLEA OF NOLO
CONTENDERE TO A FELONY
. IN CONSIDERING THE CONVICTION OF OR THE
PLEA TO ANY SUCH CRIME
, THE DIRECTOR SHALL BE GOVERNED BY THE
PROVISIONS OF SECTIONS
12-20-202 (5) AND 24-5-101.
(c) M
ADE ANY MISSTATEMENT ON AN APPLICATION FOR A LICENSE ,
REGISTRATION, OR PERMIT TO PRACTICE PURSUANT TO THIS ARTICLE 170 OR
ATTEMPTED TO OBTAIN A LICENSE
, REGISTRATION, PERMIT, OR CERTIFICATE
TO PRACTICE BY FRAUD
, DECEPTION, OR MISREPRESENTATION;
(d) C
OMMITTED AN ACT OR FAILED TO PERFORM AN ACT NECESSARY
TO MEET THE GENERALLY ACCEPTED PROFESSIONAL STANDARDS OF
CONDUCT TO PRACTICE A PROFESSION LICENSED PURSUANT TO THIS ARTICLE
170 OR PROMULGATED BY RULE PURSUANT TO 12-170-105 (1)(a)(II)(D),
INCLUDING PERFORMING SERVICES OUTSIDE OF THE PERSON 'S AREA OF
TRAINING
, EXPERIENCE, OR COMPETENCE;
(e) E
XCESSIVELY OR HABITUALLY USES OR ABUSES ALCOHOL OR
CONTROLLED SUBSTANCES
;
(f) V
IOLATED ANY OF THE PROVISIONS OF THIS ARTICLE 170, AN
APPLICABLE PROVISION OF ARTICLE
20 OF THIS TITLE 12, OR ANY VALID
ORDER OF THE DIRECTOR
;
(g) I
S GUILTY OF UNPROFESSIONAL OR DISHONEST CONDUCT ;
(h) A
DVERTISES BY MEANS OF FALSE OR DECEPTIVE STATEMENT ;
(i) F
AILS TO DISPLAY THE LICENSE AS PROVIDED IN SECTION
12-170-108 (2);
(j) F
AILS TO COMPLY WITH THE RULES PROMULGATED BY THE
DIRECTOR PURSUANT TO THIS ARTICLE
170;
PAGE 19-SENATE BILL 23-290 (k) IS GUILTY OF WILLFUL MISREPRESENTATION ;
(l) F
AILS TO DISCLOSE TO THE DIRECTOR WITHIN FORTY -FIVE DAYS
A CONVICTION FOR A FELONY OR ANY CRIME THAT IS RELATED TO THE
PRACTICE AS A FACILITATOR
;
(m) A
IDS OR ABETS THE UNLICENSED PRACTICE OF FACILITATION; OR
(n) FAILS TO TIMELY RESPOND TO A COMPLAINT SENT BY THE
DIRECTOR PURSUANT TO SECTION
12-170-110.
SECTION 9. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-110 as follows:
12-170-110. Disciplinary proceedings - administrative law
judges - judicial review. (1) T
HE DIRECTOR MAY, THROUGH THE
DEPARTMENT
, EMPLOY ADMINISTRATIVE LAW JUDGES TO CONDUCT
HEARINGS AS PROVIDED BY THIS SECTION OR ON ANY MATTER WITHIN THE
DIRECTOR
'S JURISDICTION UPON SUCH CONDITIONS AND TERMS AS THE
DIRECTOR MAY DETERMINE
.
(2) A
PROCEEDING FOR DISCIPLINE OF A LICENSEE , PERMITTEE,
REGISTRANT, OR CERTIFICATE HOLDER MUST BE COMMENCED WHEN THE
DIRECTOR HAS REASONABLE GROUNDS TO BELIEVE THAT A LICENSEE
,
PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER HAS COMMITTED ACTS
THAT MAY VIOLATE THE PROVISIONS OF THIS ARTICLE
170 OR RULES
PROMULGATED PURSUANT TO THIS ARTICLE
170. THE GROUNDS MAY BE
ESTABLISHED BY AN INVESTIGATION BEGUN BY THE DIRECTOR ON THE
DIRECTOR
'S OWN MOTION OR BY AN INVESTIGATION PURSUANT TO A
WRITTEN COMPLAINT
. SECTION 12-20-403 AND ARTICLE 4 OF TITLE 24
GOVERN PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION .
(3) A
NY HEARING ON THE REVOCATION OR SUSPENSION OF A
LICENSE
, PERMIT, REGISTRATION, OR CERTIFICATE, OR ON THE DENIAL OF AN
APPLICATION FOR A NEW LICENSE
, PERMIT, REGISTRATION, OR CERTIFICATE,
OR FOR RENEWAL OF A PREVIOUSLY ISSUED LICENSE, PERMIT, REGISTRATION,
OR CERTIFICATE MUST BE CONDUCTED BY AN ADMINISTRATIVE LAW JUDGE .
(4) F
INAL ACTION BY THE DIRECTOR MAY BE JUDICIALLY REVIEWED
PURSUANT TO SECTION
12-20-408.
PAGE 20-SENATE BILL 23-290 SECTION 10. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-111 as follows:
12-170-111. Fees - cash fund - created. (1) B
ASED UPON THE
APPROPRIATION MADE AND SUBJECT TO THE APPROVAL OF THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES
, THE DIRECTOR
SHALL ESTABLISH AND ADJUST FEES THAT THE DIRECTOR IS AUTHORIZED BY
LAW TO COLLECT SO THAT THE REVENUE GENERATED FROM THE FEES
APPROXIMATES ITS DIRECT AND INDIRECT COSTS
; EXCEPT THAT FEES MUST
NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS ARTICLE
170.
(2) T
HE NATURAL MEDICINE FACILITATOR CASH FUND , REFERRED TO
IN THIS SECTION AS THE
"FUND", IS CREATED IN THE STATE TREASURY. THE
FUND CONSISTS OF FEES CREDITED TO THE FUND PURSUANT TO THIS ARTICLE
170 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY
APPROPRIATE OR TRANSFER TO THE FUND
.
(3) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND
.
(4) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
DEPARTMENT FOR THE ADMINISTRATION OF THIS ARTICLE
170.
SECTION 11. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-112 as follows:
12-170-112. Local jurisdiction. (1) A
LOCAL JURISDICTION SHALL
NOT PROHIBIT A FACILITATOR FROM PROVIDING NATURAL MEDICINE
SERVICES WITHIN ITS BOUNDARIES IF THE INDIVIDUAL IS A LICENSED
FACILITATOR PURSUANT TO THIS ARTICLE
170.
(2) A
LOCAL JURISDICTION SHALL NOT ADOPT ORDINANCES OR
REGULATIONS THAT ARE UNREASONABLE OR IN CONFLICT WITH THIS ARTICLE
170.
SECTION 12. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-113 as follows:
12-170-113. Protections. (1) S
UBJECT TO THE LIMITATIONS IN THIS
PAGE 21-SENATE BILL 23-290 ARTICLE 170 AND ARTICLE 50 OF TITLE 44, BUT NOTWITHSTANDING ANY
OTHER PROVISION OF LAW
:
(a) A
CTIONS AND CONDUCT PERMITTED PURSUANT TO A LICENSE ,
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED BY THE DIRECTOR
PURSUANT TO THIS ARTICLE
170, OR BY THOSE WHO ALLOW PROPERTY TO BE
USED PURSUANT TO A LICENSE
, REGISTRATION, PERMIT, OR CERTIFICATE
ISSUED BY THE DIRECTOR PURSUANT TO THIS ARTICLE
170, ARE LAWFUL AND
ARE NOT AN OFFENSE UNDER STATE LAW
, OR THE LAWS OF ANY LOCAL
JURISDICTION WITHIN THIS STATE
; ARE NOT SUBJECT TO A CIVIL FINE ,
PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION , SEARCH, OR
ARREST
; AND ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE , OR TO
SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR THE LAWS OF ANY LOCAL
JURISDICTION WITHIN THIS STATE
.
(b) A
CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
, AS ALLOWED
PURSUANT TO THIS ARTICLE
170, IS PROHIBITED BY FEDERAL LAW;
(c) M
ENTAL HEALTH CARE , SUBSTANCE USE DISORDER
INTERVENTION SERVICES
, OR BEHAVIORAL HEALTH SERVICES OTHERWISE
COVERED PURSUANT TO THE
"COLORADO MEDICAL ASSISTANCE ACT",
ARTICLES 4 TO 6 OF TITLE 25.5, MUST NOT BE DENIED ON THE BASIS THAT
THEY ARE COVERED IN CONJUNCTION WITH NATURAL MEDICINE SERVICES
,
OR THAT NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT ARE
PROHIBITED BY FEDERAL LAW
. INSURANCE OR AN INSURANCE PROVIDER IS
NOT REQUIRED TO COVER THE COST OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT
.
(d) N
OTHING IN THIS SECTION MAY BE CONSTRUED OR INTERPRETED
TO PREVENT THE DIRECTOR FROM ENFORCING RULES PROMULGATED BY THE
DIRECTOR AGAINST A LICENSEE
, REGISTRANT, PERMITTEE, OR CERTIFICATE
HOLDER OR LIMIT A STATE OR LOCAL LAW ENFORCEMENT AGENCY
'S ABILITY
TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO A LICENSEE
,
REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER.
(2) A
PROFESSIONAL OR OCCUPATIONAL LICENSE , REGISTRATION,
PERMIT, OR CERTIFICATE HOLDER IS NOT SUBJECT TO PROFESSIONAL
DISCIPLINE OR LOSS OF A PROFESSIONAL OR OCCUPATIONAL LICENSE
,
REGISTRATION, PERMIT, OR CERTIFICATE FOR PROVIDING ADVICE OR
PAGE 22-SENATE BILL 23-290 SERVICES ARISING OUT OF OR RELATED TO A NATURAL MEDICINE LICENSE ,
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE
170 OR ARTICLE 50 OF TITLE 44 OR APPLICATION FOR LICENSE ,
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE
170 OR ARTICLE 50 OF TITLE 44 ON THE BASIS THAT NATURAL MEDICINE AND
NATURAL MEDICINE PRODUCT ARE PROHIBITED BY FEDERAL LAW
, OR FOR
PERSONAL USE OF NATURAL MEDICINE OR NATURAL MEDICINE ALLOWED
PURSUANT TO THIS ARTICLE
170. THIS ARTICLE 170 DOES NOT AUTHORIZE AN
INDIVIDUAL TO ENGAGE IN CONDUCT THAT IN THE COURSE OF PRACTICING
UNDER THE INDIVIDUAL
'S LICENSE, REGISTRATION, PERMIT, OR CERTIFICATE
WOULD VIOLATE STANDARDS OF CARE OR SCOPE OF PRACTICE OF THE
INDIVIDUAL
'S PROFESSION OR OCCUPATION AS REQUIRED BY ANY PROVISION
OF LAW OR RULE
.
SECTION 13. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-114 as follows:
12-170-114. Liberal construction. T
HIS ARTICLE 170 MUST BE
LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE
.
SECTION 14. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-115 as follows:
12-170-115. Preemption. A
LOCAL JURISDICTION SHALL NOT ADOPT,
ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION THAT IS
OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE
170.
SECTION 15. In Colorado Revised Statutes, add 12-170-116 as
follows:
12-170-116. Self-executing, severability, conflicting provisions.
A
LL PROVISIONS OF THIS ARTICLE 170 ARE SELF-EXECUTING EXCEPT AS
SPECIFIED HEREIN
, ARE SEVERABLE, AND, EXCEPT WHEN OTHERWISE
INDICATED
, SHALL SUPERSEDE CONFLICTING STATE STATUTORY , LOCAL
CHARTER
, ORDINANCE, OR RESOLUTION PROVISIONS, AND OTHER STATE AND
LOCAL PROVISIONS
. IF ANY PROVISION OF THIS ARTICLE 170 OR ITS
APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID
, THE
INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
ARTICLE
170 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION
OR APPLICATION
, AND TO THIS END THE PROVISIONS OF THIS ARTICLE 170
PAGE 23-SENATE BILL 23-290 ARE SEVERABLE.
SECTION 16. In Colorado Revised Statutes, add 12-170-117 as
follows:
12-170-117. Repeal of article - review of functions. T
HIS ARTICLE
170 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032. BEFORE THE REPEAL, THIS
ARTICLE
170 IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION
24-34-104.
SECTION 17. In Colorado Revised Statutes, 12-20-407, amend
(1)(a)(V)(V) and (1)(a)(V)(W); and add (1)(a)(V)(X) as follows:
12-20-407. Unauthorized practice of profession or occupation -
penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor
and shall be punished as provided in section 18-1.3-501 if the person:
(V) Practices or offers or attempts to practice any of the following
professions or occupations without an active license, certification, or
registration issued under the part or article of this title 12 governing the
particular profession or occupation:
(V) Respiratory therapy, as regulated under article 300 of this title
12; or(W) Veterinary medicine or as a veterinary technician, as regulated
under article 315 of this title 12;
OR
(X) FACILITATING NATURAL MEDICINE SERVICES , AS REGULATED
UNDER ARTICLE
170 OF THIS TITLE 12.
SECTION 18. In Colorado Revised Statutes, 24-1-117, amend
(4)(a)(X) and (4)(a)(XI); and add (4)(a)(XII) as follows:
24-1-117. Department of revenue - creation. (4) (a) The
department of revenue consists of the following divisions:
(X) The auto industry division, created in section 44-20-105. The
division is a type 2 entity, as defined in section 24-1-105, and exercises its
powers and performs its duties and functions under the department of
PAGE 24-SENATE BILL 23-290 revenue; and
(XI) The state licensing authority created in section 44-10-201; AND
(XII) THE NATURAL MEDICINE DIVISION , CREATED IN SECTION
44-50-201, WHICH IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105.
SECTION 19. In Colorado Revised Statutes, 24-34-104, add
(33)(a)(VII) and (33)(a)(VIII) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (33) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2032:
(VII) T
HE "NATURAL MEDICINE HEALTH ACT OF 2022", ARTICLE
170 OF TITLE 12;
(VIII) T
HE "COLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF
TITLE
44.
SECTION 20. In Colorado Revised Statutes, add 25-1.5-120 as
follows:
25-1.5-120. Natural medicine testing and standards - rules.
(1) T
HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN
COORDINATION WITH THE DEPARTMENT OF REVENUE
, TO ENSURE
CONSISTENCY BETWEEN RULES
, SHALL PROMULGATE RULES CONCERNING
TESTING STANDARDS AND CERTIFICATION REQUIREMENTS OF NATURAL
MEDICINE AND NATURAL MEDICINE PRODUCT REGULATED BY THE
DEPARTMENT OF REVENUE PURSUANT TO ARTICLE
50 OF TITLE 44.
(2) A
T A MINIMUM, THE RULES MUST:
(a) E
STABLISH NATURAL MEDICINE AND NATURAL MEDICINE
PRODUCT TESTING STANDARDS AND CERTIFICATION REQUIREMENTS
;
(b) E
STABLISH A NATURAL MEDICINE INDEPENDENT TESTING AND
CERTIFICATION PROGRAM FOR LICENSEES PURSUANT TO ARTICLE
50 OF TITLE
44, WITHIN AN IMPLEMENTATION TIME FRAME ESTABLISHED BY THE
PAGE 25-SENATE BILL 23-290 DEPARTMENT OF REVENUE , REQUIRING LICENSEES TO TEST NATURAL
MEDICINE AND NATURAL MEDICINE PRODUCT TO ENSURE
, AT A MINIMUM,
THAT PRODUCTS TRANSFERRED FOR HUMAN CONSUMPTION BY NATURAL
PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLE
50 OF TITLE 44 DO
NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS TO HEALTH AND TO
ENSURE CORRECT LABELING
;
(c) E
STABLISH PROCEDURES THAT ENSURE NATURAL MEDICINE AND
NATURAL MEDICINE PRODUCT ARE QUARANTINED AND NOTIFICATION
PROCEDURES IF TEST RESULTS INDICATE THE PRESENCE OF QUANTITIES OF
ANY SUBSTANCE DETERMINED TO BE INJURIOUS TO HEALTH
;
(d) E
NSURE THAT TESTING VERIFIES CONCENTRATION
REPRESENTATIONS AND HOMOGENEITY FOR CORRECT LABELING
;
(e) E
STABLISH AN ACCEPTABLE VARIANCE FOR CONCENTRATION
REPRESENTATIONS AND PROCEDURES TO ADDRESS CONCENTRATION
MISREPRESENTATIONS
; AND
(f) ESTABLISH THE PROTOCOLS AND FREQUENCY OF NATURAL
MEDICINE TESTING BY LICENSEES
.
SECTION 21. In Colorado Revised Statutes, add article 50 to title
44 as follows:
ARTICLE 50
Natural Medicine
PART 1
COLORADO NATURAL MEDICINE CODE
44-50-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 50 IS THE
"COLORADO NATURAL MEDICINE CODE".
44-50-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
FINDS AND DECLARES THAT
:
(a) T
HE PEOPLE OF COLORADO APPROVED STATUTORY MEASURES
THAT
, IN PART, INTENDED TO ENSURE THAT PEOPLE IN COLORADO HAVE
ACCESS TO REGULATED NATURAL MEDICINE AND REGULATED NATURAL
PAGE 26-SENATE BILL 23-290 MEDICINE PRODUCT;
(b) T
HE DEPARTMENT IS UNIQUELY SUITED TO REGULATE THE
CULTIVATION
, MANUFACTURING , TESTING, STORING, DISTRIBUTION,
TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BECAUSE
OF ITS EXPERIENCE AND EXISTING RESOURCES IN REGULATING ALCOHOL
,
TOBACCO, AND MARIJUANA; AND
(c) IT IS NECESSARY TO ENTRUST THE REGULATION OF THE
CULTIVATION
, MANUFACTURING , TESTING, STORING, DISTRIBUTION,
TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT TO THE
DEPARTMENT IN ORDER TO IMPLEMENT THE REGULATORY MEASURES IN A
MANNER THAT HONORS THE INTENT OF THE PEOPLE
, PROMOTES PUBLIC
TRUST
, SUPPORTS THE INTEGRITY AND SUSTAINABILITY OF THE REGULATORY
MEASURES
, AND ENSURES REGULATORY EFFICIENCY .
(2)
THE GENERAL ASSEMBLY DECLARES THAT THIS ARTICLE 50 IS
DEEMED AN EXERCISE OF THE POLICE POWERS OF THE STATE FOR THE
PROTECTION OF THE ECONOMIC AND SOCIAL WELFARE AND THE HEALTH
,
PEACE, AND MORALS OF THE PEOPLE OF THIS STATE.
(3) T
HE GENERAL ASSEMBLY DECLARES THAT IT IS UNLAWFUL UNDER
STATE LAW TO CULTIVATE
, MANUFACTURE, TEST, STORE, DISTRIBUTE,
TRANSPORT, TRANSFER, AND DISPENSE NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT
, EXCEPT IN COMPLIANCE WITH THE TERMS, CONDITIONS,
LIMITATIONS, AND RESTRICTIONS IN THIS ARTICLE 50; RULES PROMULGATED
PURSUANT TO THIS ARTICLE
50; ARTICLE 170 OF TITLE 12; RULES
PROMULGATED PURSUANT TO ARTICLE
170 OF TITLE 12; ARTICLE 1.5 OF
TITLE
25; RULES PROMULGATED PURSUANT TO ARTICLE 1.5 OF TITLE 25;
TITLE 16; AND TITLE 18.
44-50-103. Definitions. A
S USED IN THIS ARTICLE 50, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
DMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT
A HEALING CENTER
, OR OTHER LOCATION IF PERMITTED BY THIS ARTICLE 50
OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50, DURING WHICH A
PARTICIPANT CONSUMES AND EXPERIENCES THE EFFECTS OF NATURAL
PAGE 27-SENATE BILL 23-290 MEDICINE UNDER THE SUPERVISION OF A FACILITATOR .
(2) "B
OARD" MEANS THE STATE NATURAL MEDICINE ADVISORY
BOARD CREATED IN SECTION
12-170-106.
(3) "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF
PROFESSIONS AND OCCUPATIONS OR THE DIRECTOR
'S DESIGNEE.
(4) "D
IVISION" MEANS THE DIVISION OF PROFESSIONS AND
OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION
12-20-103.
(5) "F
ACILITATOR" MEANS A NATURAL PERSON WHO IS TWENTY -ONE
YEARS OF AGE OR OLDER
, HAS THE NECESSARY QUALIFICATIONS, TRAINING,
EXPERIENCE, AND KNOWLEDGE TO PERFORM AND SUPERVISE NATURAL
MEDICINE SERVICES FOR A PARTICIPANT
, AND IS LICENSED BY THE DIRECTOR
TO ENGAGE IN THE PRACTICE OF FACILITATION
.
(6) "H
EALING CENTER" MEANS A FACILITY WHERE AN ENTITY IS
LICENSED BY THE STATE LICENSING AUTHORITY THAT PERMITS A
FACILITATOR TO PROVIDE AND SUPERVISE NATURAL MEDICINE SERVICES FOR
A PARTICIPANT
.
(7) "H
EALTH-CARE FACILITY" MEANS AN ENTITY THAT IS LICENSED,
CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER MEDICAL
TREATMENT IN THIS STATE
, INCLUDING A HOSPITAL, HOSPICE FACILITY,
COMMUNITY MENTAL HEALTH CENTER , FEDERALLY QUALIFIED HEALTH
CENTER
, RURAL HEALTH CLINIC, ORGANIZATION PROVIDING A PROGRAM OF
ALL
-INCLUSIVE CARE FOR THE ELDERLY , LONG-TERM CARE FACILITY,
CONTINUING CARE RETIREMENT COMMUNITY , OR OTHER TYPE OF ENTITY
WHERE HEALTH CARE IS PROVIDED
.
(8) "I
NTEGRATION SESSION" MEANS A MEETING BETWEEN A
PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF AN
ADMINISTRATION SESSION
.
(9) "L
ICENSE" MEANS TO GRANT A LICENSE , PERMIT, OR
REGISTRATION PURSUANT TO THIS ARTICLE
50 OR RULES PROMULGATED
PURSUANT TO THIS ARTICLE
50.
PAGE 28-SENATE BILL 23-290 (10) "LICENSED PREMISES" MEANS THE PREMISES SPECIFIED IN AN
APPLICATION FOR A LICENSE PURSUANT TO THIS ARTICLE
50 THAT THE
LICENSEE OWNS OR IS IN POSSESSION OF AND WITHIN WHICH THE LICENSEE
IS AUTHORIZED TO CULTIVATE
, MANUFACTURE, TEST, STORE, DISTRIBUTE,
TRANSPORT, TRANSFER, OR DISPENSE NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT IN ACCORDANCE WITH THIS ARTICLE
50.
(11) "L
ICENSEE" MEANS A PERSON LICENSED , REGISTERED, OR
PERMITTED PURSUANT TO THIS ARTICLE
50 OR RULES PROMULGATED
PURSUANT TO THIS ARTICLE
50.
(12) "L
OCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR
CITY AND COUNTY
.
(13) (a) "N
ATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES :
(I) P
SILOCYBIN; OR
(II) PSILOCYN.
(b) I
N ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION (13)(a)
OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:
(I) D
IMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND
APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE
LICENSING AUTHORITY FOR INCLUSION ON OR AFTER
JUNE 1, 2026;
(II) I
BOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED BY
THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
AUTHORITY FOR INCLUSION
; OR
(III) MESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
AUTHORITY FOR INCLUSION ON OR AFTER
JUNE 1, 2026.
(c) "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS
(13)(a)
AND (13)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY
OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING
CHEMICAL SYNTHESIS
, CHEMICAL MODIFICATION , OR CHEMICAL
PAGE 29-SENATE BILL 23-290 CONVERSION.
(d) N
OTWITHSTANDING SUBSECTION (13)(b)(III) OF THIS SECTION,
"MESCALINE" DOES NOT INCLUDE PEYOTE , MEANING ALL PARTS OF THE
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE
,
WHETHER GROWING OR NOT ; ITS SEEDS; ANY EXTRACT FROM ANY PART OF
THE PLANT
, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT
; OR ITS SEEDS OR EXTRACTS.
(14) "N
ATURAL MEDICINE BUSINESS" MEANS ANY OF THE FOLLOWING
ENTITIES LICENSED PURSUANT TO THIS ARTICLE
50: A NATURAL MEDICINE
HEALING CENTER
, A NATURAL MEDICINE CULTIVATION FACILITY, A NATURAL
MEDICINE PRODUCTS MANUFACTURER
, OR A NATURAL MEDICINE TESTING
FACILITY
, OR ANOTHER LICENSED ENTITY CREATED BY THE STATE LICENSING
AUTHORITY
.
(15) "N
ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION
.
(16) "N
ATURAL MEDICINE SERVICES " MEANS A PREPARATION
SESSION
, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED
PURSUANT TO ARTICLE
170 OF TITLE 12.
(17) "P
ARTICIPANT" MEANS A PERSON WHO IS TWENTY -ONE YEARS
OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE SERVICES
PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR
.
(18) "P
ERSON" MEANS A NATURAL PERSON OR AN ENTITY .
(19) "P
REPARATION SESSION" MEANS A MEETING BETWEEN A
PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE THE START OF AN
ADMINISTRATION SESSION
. "PREPARATION SESSION" DOES NOT MEAN AN
INITIAL CONSULTATION OR AN INQUIRY RESPONSE ABOUT NATURAL
MEDICINE SERVICES
.
(20) "P
RINCIPLE FILE" MEANS A FILE THAT IS ESTABLISHED BY THE
STATE LICENSING AUTHORITY AND CONTAINS LICENSING AND BACKGROUND
INFORMATION FOR AN APPLICANT SEEKING LICENSES PURSUANT TO THIS
ARTICLE
50.
PAGE 30-SENATE BILL 23-290 (21) "REGULATED NATURAL MEDICINE " MEANS NATURAL MEDICINE
THAT IS CULTIVATED
, MANUFACTURED, TESTED, STORED, DISTRIBUTED,
TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO THIS ARTICLE 50.
(22) "R
EGULATED NATURAL MEDICINE PRODUCT " MEANS NATURAL
MEDICINE PRODUCT THAT IS CULTIVATED
, MANUFACTURED, TESTED, STORED,
DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO
THIS ARTICLE
50.
(23) "R
EMUNERATION" MEANS ANYTHING OF VALUE , INCLUDING
MONEY
, REAL PROPERTY, TANGIBLE AND INTANGIBLE PERSONAL PROPERTY ,
CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT OF USE OR
EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED THEREWITH
,
BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
(24) "S
TATE LICENSING AUTHORITY " MEANS THE AUTHORITY
CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE
LICENSING OF THE CULTIVATION
, MANUFACTURING, TESTING, STORAGE,
DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE
PRODUCT IN THIS STATE PURSUANT TO SECTION
44-50-201.
(25) "T
RANSFER" MEANS TO GRANT, CONVEY, HAND OVER, ASSIGN,
SELL, EXCHANGE, DONATE, OR BARTER, IN ANY MANNER AND BY ANY
MEANS
, WITH OR WITHOUT REMUNERATION .
44-50-104. Applicability. (1) A
LL BUSINESSES, FOR THE PURPOSE
OF CULTIVATION
, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,
TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT
, AS DEFINED IN THIS
ARTICLE
50, ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS ARTICLE
50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.
(2) A
PERSON APPLYING FOR LICENSURE PURSUANT TO THIS ARTICLE
50 MUST COMPLETE FORMS AS PROVIDED BY THE STATE LICENSING
AUTHORITY AND MUST PAY THE APPLICATION FEE AND THE LICENSING FEE
,
WHICH MUST BE CREDITED TO THE REGULATED NATURAL MEDICINE DIVISION
CASH FUND ESTABLISHED PURSUANT TO SECTION
44-50-601. THE STATE
LICENSING AUTHORITY SHALL PRIORITIZE REVIEWING APPLICATIONS FROM
APPLICANTS WHO HAVE ESTABLISHED RESIDENCY IN
COLORADO.
PAGE 31-SENATE BILL 23-290 (3) THIS ARTICLE 50 SETS FORTH THE EXCLUSIVE MEANS THAT
CULTIVATION
, MANUFACTURING , TESTING, STORAGE, DISTRIBUTION,
TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL
MEDICINE AND REGULATED NATURAL MEDICINE PR ODUCT MAY OCCUR IN
THIS STATE
.
(4) (a) N
OTHING IN THIS ARTICLE 50 IS INTENDED TO REQUIRE AN
EMPLOYER TO PERMIT OR ACCOMMODATE THE USE
, CONSUMPTION,
POSSESSION, CULTIVATION, MANUFACTURING , TESTING, STORAGE,
DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF OR
IMPAIRMENT FROM NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IN
THE WORKPLACE OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE
POLICIES RESTRICTING THE USE OF OR IMPAIRMENT FROM NATURAL MEDICINE
OR NATURAL MEDICINE PRODUCT BY EMPLOYEES IN THE WORKPLACE
.
(b) N
OTHING IN THIS ARTICLE 50 PROHIBITS A PERSON, EMPLOYER,
SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION, OR ANY OTHER
ENTITY THAT OCCUPIES
, OWNS, OR CONTROLS A PROPERTY FROM
PROHIBITING OR OTHERWISE REGULATING THE CULTIVATION
,
MANUFACTURING , TESTING, STORAGE, DISTRIBUTION, TRANSPORT,
TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT ON OR IN THAT PROPERTY
.
(5) (a) A
LOCAL JURISDICTION MAY ENACT ORDINANCES OR
REGULATIONS GOVERNING THE TIME
, PLACE, AND MANNER OF THE
OPERATION OF LICENSES ISSUED PURSUANT TO THIS ARTICLE
50 WITHIN ITS
BOUNDARIES
.
(b) A
LOCAL JURISDICTION MAY NOT PROHIBIT THE ESTABLISHMENT
OR OPERATION OF LICENSES PURSUANT TO THIS ARTICLE
50 WITHIN ITS
BOUNDARIES
.
(c) A
LOCAL JURISDICTION MAY NOT PROHIBIT THE TRANSPORTATION
OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT WITHIN ITS
BOUNDARIES ON PUBLIC ROADS BY A PERSON LICENSED TO EXERCISE SUCH
PRIVILEGES PURSUANT TO THIS ARTICLE
50.
(d) A
LOCAL JURISDICTION MAY NOT ADOPT ORDINANCES OR
REGULATIONS THAT ARE UNREASONABLE OR CONFLICT WITH THIS ARTICLE
50.
PAGE 32-SENATE BILL 23-290 PART 2
STATE LICENSING AUTHORITY
44-50-201. State licensing authority - creation. (1) F
OR THE
PURPOSE OF REGULATING AND LICENSING THE CULTIVATION
,
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSPORT,
TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT BY AND BETWEEN NATURAL MEDICINE LICENSEES IN THIS
STATE
, THERE IS CREATED THE STATE LICENSING AUTHORITY , WHICH IS THE
EXECUTIVE DIRECTOR
, OR THE DIRECTOR OF THE NATURAL MEDICINE
DIVISION IF DESIGNATED BY THE EXECUTIVE DIRECTOR
.
(2) T
HE EXECUTIVE DIRECTOR IS THE CHIEF ADMINISTRATIVE OFFICER
OF THE STATE LICENSING AUTHORITY AND MAY EMPLOY
, PURSUANT TO
SECTION
13 OF ARTICLE XII OF THE STATE CONSTITUTION, SUCH OFFICERS
AND EMPLOYEES AS DETERMINED TO BE NECESSARY
. THE OFFICERS AND
EMPLOYEES ARE A PART OF THE DEPARTMENT
.
(3) T
HE EXECUTIVE DIRECTOR OF THE STATE LICENSING AUTHORITY
OR A STATE LICENSING AUTHORITY EMPLOYEE WITH REGULATORY
OVERSIGHT RESPONSIBILITIES FOR THE NATURAL MEDICINE LICENSEES THAT
ARE LICENSED BY THE STATE LICENSING AUTHORITY SHALL NOT WORK FOR
,
REPRESENT, PROVIDE CONSULTING SERVICES TO , OR OTHERWISE DERIVE
PECUNIARY GAIN FROM A NATURAL MEDICINE LICENSEE THAT IS LICENSED
BY THE STATE LICENSING AUTHORITY OR ANY OTHER BUSINESS ESTABLISHED
FOR THE PRIMARY PURPOSE OF PROVIDING SERVICES TO THE NATURAL
MEDICINE INDUSTRY FOR A PERIOD OF SIX MONTHS AFTER THE EMPLOYEE
'S
LAST DAY OF EMPLOYMENT WITH THE STATE LICENSING AUTHORITY
.
44-50-202. Powers and duties of state licensing authority -
report. (1) T
HE STATE LICENSING AUTHORITY SHALL :
(a) B
EGINNING ON OR BEFORE DECEMBER 31, 2024, GRANT OR
REFUSE STATE LICENSES FOR THE CULTIVATION
, MANUFACTURING, TESTING,
STORAGE, DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF
REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
PRODUCT
; SUSPEND, FINE, RESTRICT, OR REVOKE SUCH LICENSES, WHETHER
ACTIVE
, EXPIRED, OR SURRENDERED, UPON A VIOLATION OF THIS ARTICLE 50
OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50; AND IMPOSE ANY
PENALTY AUTHORIZED BY THIS ARTICLE
50 OR A RULE PROMULGATED
PAGE 33-SENATE BILL 23-290 PURSUANT TO THIS ARTICLE 50. THE STATE LICENSING AUTHORITY MAY
TAKE ANY ACTION WITH RESPECT TO A REGISTRATION OR PERMIT PURSUANT
TO THIS ARTICLE
50 AS IT MAY WITH RESPECT TO A LICENSE ISSUED
PURSUANT TO THIS ARTICLE
50, IN ACCORDANCE WITH THE PROCEDURES
ESTABLISHED PURSUANT TO THIS ARTICLE
50.
(b) P
ROMULGATE RULES FOR THE PROPER REGULATION AND CONTROL
OF THE CULTIVATION
, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,
TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT AND FOR THE
ENFORCEMENT OF THIS ARTICLE
50 AND PROMULGATE AMENDED RULES AND
SUCH SPECIAL RULINGS AND FINDINGS AS NECESSARY
;
(c) C
ONDUCT INVESTIGATIONS AND HEARINGS , GATHER EVIDENCE,
AND PURSUE DISCIPLINARY ACTIONS WITH RESPECT TO LICENSES WHEN THE
STATE LICENSING AUTHORITY HAS REASONABLE CAUSE TO BELIEVE THAT A
PERSON OR ENTITY IS VIOLATING THIS ARTICLE
50 OR A RULE PROMULGATED
PURSUANT TO THIS ARTICLE
50;
(d) (I) P
ETITION A DISTRICT COURT FOR AN INVESTIGATIVE
SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED PURSUANT TO
THIS ARTICLE
50 TO OBTAIN DOCUMENTS OR INFORMATION NECESSARY TO
ENFORCE A PROVISION OF THIS ARTICLE
50 OR A RULE PROMULGATED
PURSUANT TO THIS ARTICLE
50 AFTER REASONABLE EFFORTS HAVE BEEN
MADE TO OBTAIN REQUESTED DOCUMENTS OR INFORMATION WITHOUT A
SUBPOENA
;
(II) A
PPLY TO ANY COURT OF COMPETENT JURISDICTION TO
TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE
ACT IN QUESTION OF A PERSON WHO IS NOT LICENSED PURSUANT TO THIS
ARTICLE
50 AND TO ENFORCE COMPLIANCE WITH THIS ARTICLE 50 OR A RULE
PROMULGATED PURSUANT TO THIS ARTICLE
50 WHENEVER IT APPEARS TO
THE DIRECTOR OF THE NATURAL MEDICINE DIVISION UPON SUFFICIENT
EVIDENCE SATISFACTORY TO THE DIRECTOR OF THE NATURAL MEDICINE
DIVISION THAT A PERSON HAS BEEN OR IS COMMITTING AN ACT PROHIBITED
BY THIS ARTICLE
50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE
50, AND THE ACT:
(A) T
HREATENS PUBLIC HEALTH OR SAFETY ; OR
PAGE 34-SENATE BILL 23-290 (B) CONSTITUTES AN UNLAWFUL ACT FOR WHICH THE PERSON DOES
NOT HOLD THE REQUIRED LICENSE PURSUANT TO THIS ARTICLE
50;
(e) H
EAR AND DETERMINE AT A PUBLIC HEARING ANY CONTESTED
STATE LICENSE DENIAL AND ANY COMPLAINTS AGAINST A LICENSEE
, AND
ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF
PERSONS AND THE PRODUCTION OF PAPERS
, BOOKS, AND RECORDS
NECESSARY TO THE DETERMINATION OF ANY HEARING SO HELD
, ALL IN
ACCORDANCE WITH ARTICLE
4 OF TITLE 24. THE STATE LICENSING
AUTHORITY MAY
, IN ITS DISCRETION, DELEGATE TO THE DEPARTMENT 'S
HEARING OFFICERS THE AUTHORITY TO CONDUCT LICENSING
, DISCIPLINARY,
AND RULE-MAKING HEARINGS PURSUANT TO SECTION 24-4-105. WHEN
CONDUCTING THE HEARINGS
, THE HEARING OFFICERS ARE EMPLOYEES OF THE
STATE LICENSING AUTHORITY UNDER THE DIRECTION AND SUPERVISION OF
THE EXECUTIVE DIRECTOR AND THE STATE LICENSING AUTHORITY
.
(f) D
EVELOP FORMS, LICENSES, IDENTIFICATION CARDS, AND
APPLICATIONS AS NECESSARY OR CONVENIENT IN THE DISCRETION OF THE
STATE LICENSING AUTHORITY FOR THE ADMINISTRATION OF THIS ARTICLE
50
OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50;
(g) I
N COORDINATION WITH THE DIVISION OF PROFESSIONS AND
OCCUPATIONS WITHIN THE DEPARTMENT OF REGULATORY AGENCIES
PURSUANT TO SECTION
12-170-105 (1)(j), ANNUALLY PUBLISH A PUBLICLY
AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND
ADMINISTRATION OF THIS ARTICLE
50 AND ARTICLE 170 OF TITLE 12. THE
REPORT MUST USE RELEVANT DATA
, AS DETERMINED BY THE STATE
LICENSING AUTHORITY AND THE DIRECTOR
, AND MUST NOT DISCLOSE THE
IDENTITY OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT COULD
DISCLOSE THE IDENTITY OF A PARTICIPANT
.
(h) D
EVELOP AND PROMOTE ACCURATE PUBLIC EDUCATION
CAMPAIGNS RELATED TO THE USE OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT
, INCLUDING PUBLIC SERVICE ANNOUNCEMENTS ,
EDUCATIONAL MATERIALS, AND APPROPRIATE CRISIS RESPONSE MATERIALS,
AND DEVELOP AND PROMOTE TRAINING MATERIALS FOR FIRST RESPONDERS
AND MULTI
-RESPONDERS, INCLUDING LAW ENFORCEMENT , EMERGENCY
MEDICAL PROVIDERS
, SOCIAL SERVICES PROVIDERS, AND FIRE FIGHTERS.
(2) N
OTHING IN THIS ARTICLE 50 DELEGATES TO THE STATE
PAGE 35-SENATE BILL 23-290 LICENSING AUTHORITY THE POWER TO FIX PRICES FOR REGULATED NATURAL
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT
.
(3) N
OTHING IN THIS ARTICLE 50 LIMITS A LAW ENFORCEMENT
AGENCY
'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO A
NATURAL MEDICINE LICENSEE
. A LAW ENFORCEMENT AGENCY HAS THE
AUTHORITY TO RUN A
COLORADO CRIME INFORMATION CENTER CRIMINAL
HISTORY RECORD CHECK OF A LICENSEE OR EMPLOYEE OF A LICENSEE
DURING AN INVESTIGATION OF UNLAWFUL ACTIVITY RELATED TO NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT
.
(4) T
HE STATE LICENSING AUTHORITY SHALL COORDINATE WITH THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT CONCERNING THE ESTABLISHMENT OF STANDARDS FOR
LICENSING LABORATORIES PURSUANT TO THE REQUIREMENTS OUTLINED IN
SECTION
25-1.5-120 FOR REGULATED NATURAL MEDICINE AND REGULATED
NATURAL MEDICINE PRODUCT
.
(5) T
HE STATE LICENSING AUTHORITY SHALL , WHEN FINANCIALLY
FEASIBLE
, ESTABLISH PROCEDURES, POLICIES, AND PROGRAMS TO ENSURE
THIS ARTICLE
50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50
ARE EQUITABLE AND INCLUSIVE, PROMOTE THE LICENSING, REGISTRATION,
AND PERMITTING OF, AND PROVISION OF NATURAL MEDICINE AND NATURAL
MEDICINE PRODUCT TO
, PERSONS FROM COMMUNITIES THAT HAVE BEEN
DISPROPORTIONATELY HARMED BY HIGH RATES OF ARREST FOR CONTROLLED
SUBSTANCES
, PERSONS WHO FACE BARRIERS TO HEALTH -CARE ACCESS,
PERSONS WHO HAVE TRADITIONAL , TRIBAL, OR INDIGENOUS HISTORY WITH
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
, OR TO PERSONS WHO
ARE VETERANS
. THE STATE LICENSING AUTHORITY MAY CONSULT THE
BOARD WHEN CONSIDERING PROCEDURES
, POLICIES, AND PROGRAMS
PURSUANT TO THIS SUBSECTION
(5).
(6) T
HE STATE LICENSING AUTHORITY HAS AUTHORITY TO COLLECT
AVAILABLE AND RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS AND
DUTIES NECESSARY TO ADMINISTER THIS ARTICLE
50.
(7) T
HE STATE LICENSING AUTHORITY , IN COORDINATION WITH
OTHER RELEVANT AGENCIES
, SHALL REQUEST AVAILABLE AND RELEVANT
DATA CONCERNING LAW ENFORCEMENT INCIDENCES
, ADVERSE HEALTH
EVENTS
, IMPACTS TO HEALTH CARE SYSTEMS , CONSUMER PROTECTION
PAGE 36-SENATE BILL 23-290 CLAIMS, AND BEHAVIORAL HEALTH IMPACTS RELATED TO NATURAL
MEDICINE
, NATURAL MEDICINE PRODUCT , AND NATURAL MEDICINE
BUSINESSES
. THE STATE LICENSING AUTHORITY SHALL INCLUDE THE
AVAILABLE AND RELEVANT DATA IN THE REPORT REQUIRED PURSUANT TO
SUBSECTION
(1)(g) OF THIS SECTION.
(8) T
HE STATE LICENSING AUTHORITY SHALL PERFORM OTHER
FUNCTIONS AND DUTIES NECESSARY TO ADMINISTER THIS ARTICLE
50.
44-50-203. State licensing authority - rules - legislative
declaration. (1) Mandatory rule-making. R
ULES PROMULGATED
PURSUANT TO SECTION
44-50-202 (1)(b) MUST INCLUDE THE FOLLOWING
SUBJECTS
:
(a) P
ROCEDURES AND REQUIREMENTS CONSISTENT WITH THIS
ARTICLE
50 FOR THE ISSUANCE, DENIAL, RENEWAL, REINSTATEMENT,
MODIFICATION, SUSPENSION, AND REVOCATION OF LICENSES;
(b) O
VERSIGHT REQUIREMENTS FOR LICENSEES ;
(c) A
SCHEDULE OF APPLICATION, LICENSING, AND RENEWAL FEES
FOR LICENSES
;
(d) Q
UALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR
LICENSURE PURSUANT TO THIS ARTICLE
50, INCLUDING CONTINUING
ELIGIBILITY EXPECTATIONS
, INCLUDING TIMELY PAYING TAXES OWED TO THE
DEPARTMENT OF REVENUE
, TIMELY FILING TAX RETURNS , AND TIMELY
CURING ANY TAX DEFICIENCIES
, AND AUTHORIZATION FOR THE DEPARTMENT
OF REVENUE TO HAVE ACCESS TO LICENSING INFORMATION TO ENSURE TAX
PAYMENT FOR THE EFFECTIVE ADMINISTRATION OF THIS ARTICLE
50;
(e) P
ERMISSIBLE AND PROHIBITED FINANCIAL INTERESTS IN A LICENSE
ISSUED PURSUANT TO THIS ARTICLE
50 OR A LICENSE ISSUED PURSUANT TO
ARTICLE
170 OF TITLE 12; EXCEPT THAT A PERSON MAY NOT HAVE A
FINANCIAL INTEREST IN MORE THAN FIVE NATURAL MEDICINE BUSINESS
LICENSES
;
(f) (I) E
STABLISHMENT OF A NATURAL MEDICINE INDEPENDENT
TESTING AND CERTIFICATION PROGRAM FOR LICENSEES WITHIN AN
IMPLEMENTATION TIME FRAME ESTABLISHED BY THE DIVISION
, REQUIRING
PAGE 37-SENATE BILL 23-290 LICENSEES TO TEST REGULATED NATURAL MEDICINE AND REGULATED
NATURAL MEDICINE PRODUCT TO ENSURE
, AT A MINIMUM, THAT REGULATED
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT
TRANSFERRED FOR HUMAN CONSUMPTION BY PERSONS LICENSED PURSUANT
TO THIS ARTICLE
50 DO NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS
TO HEALTH AND TO ENSURE CORRECT LABELING
, AS WELL AS:
(A) C
ERTIFICATION REQUIREMENTS FOR LABORATORIES THAT TEST
REGULATED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE
PRODUCT
, AND REQUIREMENTS THAT THE TEST RESULTS PRODUCED BY A
LABORATORY MUST NOT BE USED UNLESS THE LABORATORY IS CERTIFIED
;
(B) T
ESTING PROCEDURES AND FREQUENCY OF REGULATED NATURAL
MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BY LICENSEES
;
(C) W
HETHER TO ALLOW FOR ANY NATURAL PERSON TO REQUEST
AND UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL
MEDICINE PRODUCT IF THE NATURAL PERSON IS TWENTY
-ONE YEARS OF AGE
OR OLDER
;
(D) D
EFINITIONS, PERMISSIONS, AND PROHIBITIONS CONCERNING
CONFLICTS OF INTEREST RELATED TO
, AND ECONOMIC INTERESTS FOR ,
PERSONS WHO OWN OR ARE ASSOCIATED WITH A NATURAL MEDICINE TESTING
LICENSE AND OTHER LICENSES
; AND
(E) PROCEDURES AND REQUIREMENTS NECESSARY TO FACILITATE
THE COORDINATION OF DUTIES WITH RESPECT TO THE NATURAL MEDICINE
TESTING AND CERTIFICATION PROGRAM WITH THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT
.
(II) T
HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
PURSUANT TO THIS SUBSECTION
(1)(f) IN COORDINATION WITH THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO ENSURE
CONSISTENCY BETWEEN RULES
.
(g) T
HE REGULATION OF A LICENSED PREMISES , INCLUDING RULES
THAT ALLOW A NATURAL MEDICINE HEALING CENTER LICENSEE
'S LICENSED
PREMISES TO BE CO
-LOCATED WITH ANOTHER NATURAL MEDICINE HEALING
CENTER LICENSEE
'S LICENSED PREMISES OR A HEALTH-CARE FACILITY;
PAGE 38-SENATE BILL 23-290 (h) REQUIREMENTS FOR THE TRANSPORTATION OF REGULATED
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT
,
INCLUDING:
(I) S
ECURITY REQUIREMENTS;
(II) T
RANSPORTATION VEHICLE REQUIREMENTS , INCLUDING
REQUIREMENTS FOR SURVEILLANCE
;
(III) L
IMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE
AND REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE CARRIED IN A
TRANSPORTATION VEHICLE
;
(IV) R
ECORD-KEEPING REQUIREMENTS; AND
(V) TRANSPORTATION MANIFEST REQUIREMENTS ;
(i) L
IMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE AND
REGULATED NATURAL MEDICINE PRODUCT THAT IS ALLOWED FOR
PRODUCTION BY A NATURAL MEDICINE CULTIVATION FACILITY LICENSE OR
NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE BASED ON A METRIC
OR SET OF METRICS
. WHEN CONSIDERING ANY LIMITATIONS , THE STATE
LICENSING AUTHORITY SHALL CONSIDER THE TOTAL CURRENT AND
ANTICIPATED DEMAND FOR REGULATED NATURAL MEDICINE AND
REGULATED NATURAL MEDICINE PRODUCT IN
COLORADO AND ATTEMPT TO
MINIMIZE THE MARKET FOR UNLAWFUL NATURAL MEDICINE AND NATURAL
MEDICINE PRODUCT
.
(j) R
ECORDS TO BE KEPT BY LICENSEES AND THE REQUIRED
AVAILABILITY OF THE RECORDS FOR INSPECTION BY THE STATE LICENSING
AUTHORITY
;
(k) R
EQUIREMENTS TO PREVENT THE TRANSFER OR DIVERSION OF
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT TO PERSONS UNDER
TWENTY
-ONE YEARS OF AGE;
(l) P
ERMITTED AND PROHIBITED TRANSFERS OF REGULATED NATURAL
MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BETWEEN
LICENSEES
;
PAGE 39-SENATE BILL 23-290 (m) STANDARDS FOR ADVERTISING AND MARKETING A LICENSEE 'S
SERVICES
, INCLUDING: AVOIDING THE MISAPPROPRIATION AND
EXPLOITATION OF THE FEDERALLY RECOGNIZED
AMERICAN TRIBES, AS
DEFINED IN SECTION
12-170-104 (7), AND INDIGENOUS PEOPLE ,
COMMUNITIES, CULTURES, AND RELIGIONS; AVOIDING THE EXCESSIVE
COMMERCIALIZATION OF NATURAL MEDICINE
, NATURAL MEDICINE PRODUCT,
AND NATURAL MEDICINE SERVICES ; PROHIBITING ADVERTISING AND
MARKETING OF NATURAL MEDICINE
, NATURAL MEDICINE PRODUCT , AND
NATURAL MEDICINE SERVICES DIRECTED TO INDIVIDUALS WHO ARE UNDER
TWENTY
-ONE YEARS OF AGE ; AND OTHER PARAMETERS DETERMINED
NECESSARY BY THE STATE LICENSING AUTHORITY
.
(n) T
HE STANDARDS FOR QUALIFICATION AS A LICENSEE , INCLUDING
ENVIRONMENTAL
, SOCIAL, AND GOVERNANCE CRITERIA DIRECTED TO THE
FINDINGS AND DECLARATIONS SET FORTH IN SECTION
12-170-102.
(2) Permissive rule-making. R
ULES PROMULGATED PURSUANT TO
SECTION
44-50-202 (1)(b) MAY INCLUDE, BUT NEED NOT BE LIMITED TO, THE
FOLLOWING SUBJECTS
:
(a) E
STABLISHMENT OF LICENSES , AND THE PRIVILEGES AND
RESTRICTIONS PURSUANT TO SUCH LICENSES
, DETERMINED NECESSARY BY
THE STATE LICENSING AUTHORITY TO IMPLEMENT OR ADMINISTER THIS
ARTICLE
50;
(b) E
STABLISHMENT OF A PRINCIPLE FILE PROCESS AND
REQUIREMENTS FOR AN APPLICANT SEEKING TO EXERCISE THE PRIVILEGES OF
A LICENSE TYPE IN MULTIPLE LOCATIONS OR SEEKING TO EXERCISE THE
PRIVILEGES OF MULTIPLE LICENSE TYPES
;
(c) R
EQUIREMENTS FOR ISSUANCE OF CO -LOCATION PERMITS TO A
LICENSEE AUTHORIZING CO
-LOCATION WITH ANOTHER LICENSED PREMISES ;
(d) R
EQUIREMENTS AND RESTRICTIONS ON DIFFERENT TYPES OF
REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
PRODUCT
;
(e) P
ACKAGING AND LABELING REQUIREMENTS FOR REGULATED
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT
,
INCLUDING:
PAGE 40-SENATE BILL 23-290 (I) WARNING LABELS;
(II) I
NDIVIDUAL SERVING AND PER-PACKAGE SERVING AMOUNTS ;
AND
(III) CONCENTRATION OF THE REGULATED NATURAL MEDICINE OR
REGULATED NATURAL MEDICINE PRODUCT
;
(f) S
ECURITY REQUIREMENTS FOR LICENSED PREMISES , INCLUDING
LIGHTING
, PHYSICAL SECURITY, VIDEO, AND ALARM REQUIREMENTS , AND
OTHER MINIMUM PROCEDURES FOR INTERNAL CONTROL AS DEEMED
NECESSARY BY THE STATE LICENSING AUTHORITY TO PROPERLY ADMINISTER
AND ENFORCE THE PROVISIONS OF THIS ARTICLE
50, INCLUDING REPORTING
REQUIREMENTS FOR CHANGES
, ALTERATIONS, MODIFICATIONS TO THE
PREMISES
, OR ACTIVITIES OR INCIDENTS ON THE PREMISES;
(g) H
EALTH AND SAFETY REGULATIONS AND STANDARDS ;
(h) S
ANITARY REQUIREMENTS;
(i) W
ASTE, DISPOSAL, AND DESTRUCTION REQUIREMENTS OF
REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
PRODUCT
, INCLUDING RECORD-KEEPING REQUIREMENTS;
(j) S
TORAGE AND TRANSPORTATION OF REGULATED NATURAL
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT
;
(k) R
EQUIREMENTS OF LICENSEES TO TRACK AND MANAGE
INVENTORY
;
(l) C
OMPLIANCE WITH, ENFORCEMENT OF, OR VIOLATION OF ANY
PROVISION OF THIS ARTICLE
50, ARTICLE 18 OF TITLE 18, OR ANY RULE
PROMULGATED PURSUANT TO THIS ARTICLE
50, INCLUDING PROCEDURES AND
GROUNDS FOR DENYING
, SUSPENDING, FINING, MODIFYING, RESTRICTING, OR
REVOKING A STATE LICENSE ISSUED PURSUANT TO THIS ARTICLE
50 OR ANY
RULE PROMULGATED PURSUANT TO THIS ARTICLE
50;
(m) E
STABLISHING A SCHEDULE OF PENALTIES FOR ALLEGED
VIOLATIONS OF STATUTES AND RULES
;
PAGE 41-SENATE BILL 23-290 (n) SPECIFICATIONS OF DUTIES OF OFFICERS AND EMPLOYEES OF THE
STATE LICENSING AUTHORITY
;
(o) G
UIDANCE FOR LAW ENFORCEMENT OFFICERS ;
(p) R
EQUIREMENTS FOR INSPECTIONS, INVESTIGATIONS, SEARCHES,
SEIZURES, FORFEITURES, EMBARGO, QUARANTINE, RECALLS, AND SUCH
ADDITIONAL ACTIVITIES AS MAY BECOME NECESSARY
;
(q) P
ROHIBITION OF MISREPRESENTATION AND UNFAIR PRACTICES ;
AND
(r) SUCH OTHER MATTERS AS ARE NECESSARY FOR THE FAIR ,
IMPARTIAL, STRINGENT, AND COMPREHENSIVE ADMINISTRATION OF THIS
ARTICLE
50.
(3) T
HE STATE LICENSING AUTHORITY SHALL CONSULT THE BOARD
WHEN CONSIDERING AND PROMULGATING RULES PURSUANT TO THIS
SECTION
.
(4) (a) T
HE STATE LICENSING AUTHORITY MAY , BY RULE, ESTABLISH
PROCEDURES FOR THE CONDITIONAL ISSUANCE OF AN EMPLOYEE LICENSE
IDENTIFICATION CARD AT THE TIME OF APPLICATION
.
(b) (I) T
HE STATE LICENSING AUTHORITY SHALL BASE ITS ISSUANCE
OF AN EMPLOYEE LICENSE IDENTIFICATION CARD PURSUANT TO THIS
SUBSECTION
(4) ON THE RESULTS OF AN INITIAL INVESTIGATION THAT
DEMONSTRATES THE APPLICANT IS QUALIFIED TO HOLD A LICENSE
. THE
EMPLOYEE LICENSE APPLICATION FOR WHICH AN EMPLOYEE LICENSE
IDENTIFICATION CARD WAS ISSUED PURSUANT TO THIS SUBSECTION
(4)
REMAINS SUBJECT TO DENIAL PENDING THE COMPLETE RESULTS OF THE
APPLICANT
'S INITIAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD
CHECK
.
(II) R
ESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
CHECK THAT DEMONSTRATE THAT AN APPLICANT POSSESSING AN EMPLOYEE
LICENSE IDENTIFICATION CARD PURSUANT TO THIS SUBSECTION
(4) IS NOT
QUALIFIED TO HOLD A LICENSE ISSUED PURSUANT TO THIS ARTICLE
50 ARE
GROUNDS FOR DENIAL OF THE EMPLOYEE LICENSE APPLICATION
. IF THE
EMPLOYEE LICENSE APPLICATION IS DENIED
, THE APPLICANT SHALL RETURN
PAGE 42-SENATE BILL 23-290 THE EMPLOYEE LICENSE IDENTIFICATION CARD TO THE STATE LICENSING
AUTHORITY WITHIN A TIME PERIOD THAT THE STATE LICENSING AUTHORITY
ESTABLISHES BY RULE
.
(III) T
HE STATE LICENSING AUTHORITY SHALL REQUIRE THE
APPLICANT TO HAVE THE APPLICANT
'S FINGERPRINTS TAKEN BY A LOCAL
LAW ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE
COLORADO BUREAU OF INVESTIGATION . IF AN APPROVED THIRD PARTY
TAKES THE APPLICANT
'S FINGERPRINTS, THE FINGERPRINTS MAY BE
ELECTRONICALLY CAPTURED USING THE
COLORADO BUREAU OF
INVESTIGATION
'S APPROVED LIFESCAN EQUIPMENT . A THIRD PARTY SHALL
NOT KEEP THE APPLICANT INFORMATION FOR MORE THAN THIRTY DAYS
UNLESS REQUESTED BY THE APPLICANT
. THE STATE LICENSING AUTHORITY
SHALL SEND THE APPLICANT
'S FINGERPRINTS TO THE COLORADO BUREAU OF
INVESTIGATION FOR THE PURPOSE OF FINGERPRINT PROCESSING BY UTILIZING
THE FILES AND RECORDS OF THE
COLORADO BUREAU OF INVESTIGATION AND
THE FEDERAL BUREAU OF INVESTIGATION
.
44-50-204. Confidentiality. (1) T
HE STATE LICENSING AUTHORITY
SHALL MAINTAIN THE CONFIDENTIALITY OF
:
(a) R
EPORTS OR OTHER INFORMATION OBTAINED FROM A LICENSEE
OR A LICENSE APPLICANT CONTAINING ANY INDIVIDUALIZED DATA
,
INFORMATION, OR RECORDS RELATED TO THE APPLICANT ; LICENSEE;
LICENSEE'S OPERATION, INCLUDING SALES INFORMATION, LEASES, BUSINESS
ORGANIZATION RECORDS
, FINANCIAL RECORDS, TAX RETURNS, CREDIT
REPORTS
, CULTIVATION INFORMATION , TESTING RESULTS, AND SECURITY
INFORMATION AND PLANS
; ANY PARTICIPANT INFORMATION; OR ANY OTHER
RECORDS THAT ARE EXEMPT FROM PUBLIC INSPECTION PURSUANT TO STATE
LAW
. SUCH REPORTS OR OTHER INFORMATION MAY BE USED ONLY FOR A
PURPOSE AUTHORIZED BY THIS ARTICLE
50 OR A RULE PROMULGATED
PURSUANT TO THIS ARTICLE
50 FOR INVESTIGATION OR ENFORCEMENT OF
ANY INTERNATIONAL
, FEDERAL, STATE, OR LOCAL SECURITIES LAW OR
REGULATION
, OR FOR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT
PURPOSE
. ANY INFORMATION RELEASED RELATED TO A PARTICIPANT MAY BE
USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE
50, AS A PART OF
AN ACTIVE INVESTIGATION
, AS A PART OF A PROCEEDING AUTHORIZED BY
THIS ARTICLE
50, OR FOR ANY STATE OR LOCAL LAW ENFORCEMENT PURPOSE
INVOLVING EVIDENCE OF SALES TRANSACTIONS IN VIOLATION OF THIS
ARTICLE
50 OR EVIDENCE OF CRIMINAL ACTIVITY . THE INFORMATION OR
PAGE 43-SENATE BILL 23-290 RECORDS RELATED TO A PARTICIPANT CONSTITUTE MEDICAL DATA AS
DESCRIBED BY SECTION
24-72-204 (3)(a)(I), AND THE INFORMATION OR
RECORDS MAY ONLY BE DISCLOSED TO THOSE PERSONS DIRECTLY INVOLVED
WITH AN ACTIVE INVESTIGATION OR PROCEEDING
.
(b) I
NVESTIGATIVE RECORDS AND DOCUMENTS RELATED TO ONGOING
INVESTIGATIONS
. THOSE RECORDS AND DOCUMENTS MAY BE USED ONLY FOR
A PURPOSE AUTHORIZED BY THIS ARTICLE
50 OR RULES PROMULGATED BY
THIS ARTICLE
50, OR FOR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT
PURPOSE
.
(c) C
OMPUTER SYSTEMS MAINTAINED BY THE STATE LICENSING
AUTHORITY AND THE VE NDORS WITH WHICH THE STATE LICENSING
AUTHORITY HAS CONTRACTED
.
(2) T
HE STATE LICENSING AUTHORITY SHALL MAKE AVAILABLE FOR
PUBLIC INSPECTION
:
(a) D
OCUMENTS RELATED TO FINAL AGENCY ACTIONS AND ORDERS ;
(b) R
ECORDS RELATED TO TESTING ON AN AGGREGATED AND
DE
-IDENTIFIED BASIS;
(c) D
EMOGRAPHIC INFORMATION RELATED TO APPLICANTS AND
LICENSEES AVAILABLE ON AN AGGREGATED AND DE
-IDENTIFIED BASIS; AND
(d) ENFORCEMENT FORMS AND COMPLIANCE CHECKLISTS .
PART 3
LICENSE TYPES
44-50-301. Classes of licenses. (1) F
OR THE PURPOSE OF
REGULATING THE CULTIVATION
, MANUFACTURING, TESTING, STORAGE,
DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT
, THE
STATE LICENSING AUTHORITY IN ITS DISCRETION
, UPON APPLICATION IN THE
PRESCRIBED FORM
, MAY ISSUE AND GRANT TO THE APPLICANT A LICENSE
FROM ANY OF THE CLASSES LISTED IN SUBSECTION
(2) OF THIS SECTION,
SUBJECT TO THE PROVISIONS AND RESTRICTIONS PROVIDED BY THIS ARTICLE
50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50.
PAGE 44-SENATE BILL 23-290 (2) (a) THE FOLLOWING ARE NATURAL MEDICINE BUSINESS LICENSES :
(I) N
ATURAL MEDICINE HEALING CENTER LICENSE ;
(II) N
ATURAL MEDICINE CULTIVATION FACILITY LICENSE ;
(III) N
ATURAL MEDICINE PRODUCT MANUFACTURER LICENSE ;
(IV) N
ATURAL MEDICINE TESTING FACILITY LICENSE ; AND
(V) ANY NATURAL MEDICINE BUSINESS LICENSE DETERMINED
NECESSARY BY THE STATE LICENSING AUTHORITY
.
(b) T
HE FOLLOWING ARE NATURAL MEDICINE LICENSES OR
REGISTRATIONS
: OCCUPATIONAL LICENSES AND REGISTRATIONS FOR
OWNERS
, MANAGERS, OPERATORS, EMPLOYEES, CONTRACTORS, AND OTHER
SUPPORT STAFF EMPLOYED BY
, WORKING IN, OR HAVING ACCESS TO
RESTRICTED AREAS OF THE LICENSED PREMISES
, AS DETERMINED BY THE
STATE LICENSING AUTHORITY
. THE STATE LICENSING AUTHORITY MAY TAKE
ANY ACTION WITH RESPECT TO A REGISTRATION OR PERMIT PURSUANT TO
THIS ARTICLE
50 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50 AS
IT MAY
, WITH RESPECT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50
OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50 IN ACCORDANCE
WITH THE PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE
50 OR
RULES PROMULGATED PURSUANT TO THIS ARTICLE
50.
(3) A
STATE CHARTERED BANK OR A CREDIT UNION MAY LOAN
MONEY TO ANY PERSON LICENSED PURSUANT TO THIS ARTICLE
50 OR RULES
PROMULGATED PURSUANT TO THIS ARTICLE
50 FOR THE OPERATION OF A
LICENSED NATURAL MEDICINE BUSINESS
.
(4) A
PERSON MAY NOT OPERATE A LICENSE ISSUED PURSUANT TO
THIS ARTICLE
50 AT THE SAME LOCATION AS A LICENSE OR PERMIT ISSUED
PURSUANT TO ARTICLE
3, 4, 5, OR 10 OF THIS TITLE 44.
44-50-302. Restrictions for applications for new licenses. (1) T
HE
STATE LICENSING AUTHORITY SHALL NOT RECEIVE OR ACT UPON AN
APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS LICENSE
PURSUANT TO THIS ARTICLE
50:
PAGE 45-SENATE BILL 23-290 (a) IF THE APPLICATION FOR A LICENSE CONCERNS A PARTICULAR
LOCATION THAT IS THE SAME AS OR WITHIN ONE THOUSAND FEET OF A
LOCATION FOR WHICH
, WITHIN THE TWO YEARS IMMEDIATELY PRECEDING
THE DATE OF THE APPLICATION
, THE STATE LICENSING AUTHORITY DENIED
AN APPLICATION FOR THE SAME CLASS OF LICENSE DUE TO THE NATURE OF
THE USE OR OTHER CONCERN RELATED TO THE LOCATION
;
(b) U
NTIL IT IS ESTABLISHED THAT THE APPLICANT IS, OR WILL BE,
ENTITLED TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS MADE
UNDER A LEASE
, RENTAL AGREEMENT , OR OTHER ARRANGEMENT FOR
POSSESSION OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE
PREMISES
;
(c) F
OR A LOCATION IN AN AREA WHERE THE CULTIVATION ,
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSFER, AND
DISPENSATION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS
CONTEMPLATED IS NOT PERMITTED UNDER THE APPLICABLE ZONING LAWS OF
THE LOCAL JURISDICTION
;
(d) (I) I
F THE BUILDING WHERE NATURAL MEDICINE SERVICES ARE
PROVIDED IS WITHIN ONE THOUS AND FEET OF A CHILD CARE CENTER
;
PRESCHOOL; ELEMENTARY, MIDDLE, JUNIOR, OR HIGH SCHOOL; OR A
RESIDENTIAL CHILD CARE FACILITY
. THE PROVISIONS OF THIS SECTION DO
NOT AFFECT THE RENEWAL OR REISSUANCE OF A LICENSE ONCE GRANTED OR
APPLY TO LICENSED PREMISES LOCATED OR TO BE LOCATED ON LAND OWNED
BY A MUNICIPALITY
, NOR DO THE PROVISIONS OF THIS SECTION APPLY TO AN
EXISTING LICENSED PREMISES ON LAND OWNED BY THE STATE OR APPLY TO
A LICENSE IN EFFECT AND ACTIVELY DOING BUSINESS BEFORE THE SCHOOL
OR FACILITY WAS CONSTRUCTED
. THE GOVERNING BODY OF A MUNICIPALITY,
BY ORDINANCE; AND THE GOVERNING BODY OF A COUNTY , BY RESOLUTION,
MAY VARY THE DISTANCE RESTRICTIONS IMPOSED BY THIS SUBSECTION
(1)(d)(I) FOR A LICENSE OR MAY ELIMINATE ONE OR MORE TYPES OF SCHOOLS
OR FACILITIES FROM THE APPLICATION OF A DISTANCE RESTRICTION
ESTABLISHED BY OR PURSUANT TO THIS SUBSECTION
(1)(d)(I).
(II) T
HE DISTANCES REFERRED TO IN THIS SUBSECTION (1)(d) MUST
BE COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST PROPERTY LINE
OF THE LAND USED FOR A SCHOOL OR FACILITY TO THE NEAREST PORTION OF
THE BUILDING IN WHICH NATURAL MEDICINE SERVICES ARE PROVIDED
, USING
A ROUTE OF DIRECT PEDESTRIAN ACCESS
.
PAGE 46-SENATE BILL 23-290 (III) THE STATE LICENSING AUTHORITY SHALL CONSIDER THE
EVIDENCE AND MAKE A SPECIFIC FINDING OF FACT AS TO WHETHER THE
BUILDING IN WHICH THE NATURAL MEDICINE BUSINESS IS LOCATED IS WITHIN
ANY DISTANCE RESTRICTIONS ESTABLISHED BY OR PURSUANT TO THIS
SUBSECTION
(1)(d).
(2) T
HE STATE LICENSING AUTHORITY SHALL NOT APPROVE AN
APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS LICENSE
PURSUANT TO THIS ARTICLE
50 UNTIL THE STATE LICENSING AUTHORITY
ESTABLISHES THAT THE APPLICANT IS
, OR WILL BE, ENTITLED TO POSSESSION
OF THE PREMISES FOR WHICH APPLICATION IS MADE UNDER A LEASE
, RENTAL
AGREEMENT
, OR OTHER ARRANGEMENT FOR POSSESSION OF THE PREMISES
OR BY VIRTUE OF OWNERSHIP OF THE PREMISES
.
PART 4
NATURAL MEDICINE LICENSE TYPES
44-50-401. Natural medicine healing center license - rules. (1) A
NATURAL MEDICINE HEALING CENTER LICENSE MAY BE ISSUED ONLY TO A
PERSON THAT EMPLOYS OR CONTRACTS WITH A FACILITATOR WHO PROVIDES
NATURAL MEDICINE SERVICES PURSUANT TO THE TERMS AND CONDITIONS OF
ARTICLE
170 OF TITLE 12.
(2) A
NATURAL MEDICINE HEALING CENTER LICENSEE MAY TRANSFER
REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
PRODUCT TO ANOTHER NATURAL MEDICINE HEALING CENTER LICENSEE
PURSUANT TO RULES PROMULGATED BY THE STATE LICENSING AUTHORITY
.
(3) P
RIOR TO INITIATING NATURAL MEDICINE SERVICES , THE
FACILITATOR OF THE NATURAL MEDICINE HEALING CENTER LICENSEE SHALL
VERIFY THAT THE PARTICIPANT IS TWENTY
-ONE YEARS OF AGE OR OLDER.
(4) A
NATURAL MEDICINE HEALING CENTER LICENSEE SHALL COMPLY
WITH ALL PROVISIONS OF ARTICLE
34 OF TITLE 24, AS THE PROVISIONS
RELATE TO PERSONS WITH DISABILITIES
.
(5) (a) E
XCEPT AS PROVIDED IN SUBSECTION (5)(b) OF THIS SECTION,
A NATURAL MEDICINE HEALING CENTER LICENSEE SHALL NOT TRANSFER ,
INDIVIDUALLY OR IN ANY COMBINATION , MORE THAN AN AMOUNT
PROMULGATED BY RULE OF NATURAL MEDICINE AND NATURAL MEDICINE
PAGE 47-SENATE BILL 23-290 PRODUCT TO A PARTICIPANT IN A SINGLE ADMINISTRATION SESSION .
(b) T
HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES TO
ESTABLISH CERTAIN EXEMPTIONS TO THE NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT LIMITATION AND MAY ESTABLISH RECORD
-KEEPING
REQUIREMENTS FOR NATURAL MEDICINE HEALING CENTER LICENSEES
PURSUANT TO ANY EXEMPTION TO THE ADMINISTRATION LIMITATION
.
44-50-402. Natural medicine cultivation facility license. (1) A
NATURAL MEDICINE CULTIVATION FACILITY LICENSE MAY BE ISSUED ONLY
TO A PERSON WHO CULTIVATES REGULATED NATURAL MEDICINE FOR
TRANSFER AND DISTRIBUTION TO NATURAL MEDICINE HEALING CENTER
LICENSEES
, NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEES , OR
OTHER NATURAL MEDICINE CULTIVATION FACILITY LICENSEES
.
(2) N
ATURAL MEDICINE OR NATURAL MEDICINE PRODUCT MUST NOT
BE CONSUMED ON THE NATURAL MEDICINE CULTIVATION FACILITY
LICENSEE
'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS
CO
-LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE 'S
LICENSED PREMISES
.
44-50-403. Natural medicine product manufacturer license.
(1) (a) A
NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE MAY BE
ISSUED TO A PERSON WHO MANUFACTURES REGULATED NATURAL MEDICINE
PRODUCT PURSUANT TO THE TERMS AND CONDITIONS OF THIS ARTICLE
50
AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.
(b) A
NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE MAY
CULTIVATE ITS OWN REGULATED NATURAL MEDICINE PURSUANT TO A
NATURAL MEDICINE CULTIVATION FACILITY LICENSEE
.
(c) A
NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE SHALL
NOT
:
(I) A
DD ANY REGULATED NATURAL MEDICINE TO A FOOD PRODUCT
IF THE MANUFACTURER OF THE FOOD PRODUCT HOLDS A TRADEMARK TO THE
FOOD PRODUCT
'S NAME; EXCEPT THAT A NATURAL MEDICINE PRODUCT
MANUFACTURER LICENSEE MAY USE A TRADEMARKED F OOD PRODUCT IF THE
MANUFACTURER USES THE PRODUCT AS A COMPONENT OR AS PART OF A
RECIPE AND IF THE NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE
PAGE 48-SENATE BILL 23-290 DOES NOT STATE OR ADVERTISE TO THE CONSUMER THAT THE FINAL
NATURAL MEDICINE PRODUCT CONTAINS A TRADEMARKED FOOD PRODUCT
;
(II) I
NTENTIONALLY OR KNOWINGLY LABEL OR PACKAGE NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT IN A MANNER THAT WOULD
CAUSE A REASONABLE CONSUMER CONFUSION AS TO WHETHER THE NATURAL
MEDICINE PRODUCT WAS A TRADEMARKED FOOD PRODUCT
; OR
(III) LABEL OR PACKAGE A PRODUCT IN A MANNER THAT VIOLATES
ANY FEDERAL TRADEMARK LAW OR REGULATION
.
(2) N
ATURAL MEDICINE AND NATURAL MEDICINE PR ODUCT MUST
NOT BE CONSUMED ON A NATURAL MEDICINE PRODUCT MANUFACTURER
LICENSEE
'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS
CO
-LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE 'S
LICENSED PREMISES
.
44-50-404. Natural medicine testing facility license - rules.
(1) (a) A
NATURAL MEDICINE TESTING FACILITY LICENSE MAY BE ISSUED TO
A PERSON WHO PERFORMS TESTING AND RESEARCH ON NATURAL MEDICINE
AND NATURAL MEDICINE PRODUCT
.
(b) T
HE TESTING OF NATURAL MEDICINE AND NATURAL MEDICINE
PRODUCT
, AND THE ASSOCIATED STANDARDS , IS A MATTER OF STATEWIDE
CONCERN
.
(2) T
HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES
, INCLUDING
BUT NOT LIMITED TO TESTING
, STANDARDS, QUALITY CONTROL ANALYSIS,
EQUIPMENT CERTIFICATION AND CALIBRATION , IDENTIFICATION OF
CHEMICALS AND OTHER SUBSTANCES USED IN BONA FIDE RESEARCH
METHODS
, AND WHETHER TO ALLOW A NATURAL PERSON TO REQUEST AND
UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL MEDICINE
PRODUCT IF THE NATURAL PERSON IS TWENTY
-ONE YEARS OF AGE OR OLDER.
(3) A
PERSON WHO HAS AN INTEREST IN A NATURAL MEDICINE
TESTING FACILITY LICENSE SHALL NOT HAVE ANY INTEREST IN A LICENSED
NATURAL MEDICINE HEALING CENTER
, A LICENSED NATURAL MEDICINE
CULTIVATION FACILITY
, A LICENSED NATURAL MEDICINE PRODUCT
MANUFACTURER
, OR A NATURAL MEDICINE LICENSE ISSUED BY THE STATE
PAGE 49-SENATE BILL 23-290 LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 50 OR RULES
PROMULGATED PURSUANT TO THIS ARTICLE
50.
PART 5
UNLAWFUL ACTS
44-50-501. Unlawful acts. (1) E
XCEPT AS OTHERWISE PROVIDED IN
THIS ARTICLE
50, IT IS UNLAWFUL FOR A LICENSEE TO:
(a) K
NOWINGLY TRANSFER NATURAL MEDICINE OR A NATURAL
MEDICINE PRODUCT TO A PERSON UNDER TWENTY
-ONE YEARS OF AGE; OR
(b) KNOWINGLY ADULTERATE OR ALTER , OR ATTEMPT TO
ADULTERATE OR ALTER
, ANY SAMPLE OF REGULATED NATURAL MEDICINE OR
A NATURAL MEDICINE PRODUCT FOR THE PURPOSE OF CIRCUMVENTING
TESTING REQUIREMENTS
.
PART 6
FEES
44-50-601. Regulated natural medicine cash fund - created -
rules. (1) (a) A
LL MONEY COLLECTED BY THE STATE LICENSING AUTHORITY
PURSUANT TO THIS ARTICLE
50 OR RULES PROMULGATED PURSUANT TO THIS
ARTICLE
50 MUST BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL
CREDIT THE SAME TO THE REGULATED NATURAL MEDICINE DIVISION CASH
FUND
, WHICH IS HEREBY CREATED. THE REGULATED NATURAL MEDICINE
DIVISION CASH FUND
, REFERRED TO IN THIS SECTION AS THE "FUND",
CONSISTS OF:
(I) T
HE MONEY COLLECTED BY THE STATE LICENSING AUTHORITY ;
AND
(II) ANY ADDITIONAL GENERAL FUND MONEY APPROPRIATED TO THE
FUND THAT IS NECESSARY FOR THE OPERATION OF THE STATE LICENSING
AUTHORITY
.
(b) M
ONEY IN THE FUND IS SUBJECT TO ANNUAL APPROPRIATION BY
THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE DIRECT AND
INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING THIS ARTICLE
50.
PAGE 50-SENATE BILL 23-290 (c) ANY MONEY IN THE FUND NOT EXPENDED FOR THE PURPOSES OF
THIS SECTION MAY BE INVESTED BY THE STATE TREASURER AS PROVIDED BY
LAW
. ALL INTEREST AND INCOME DERIVED FROM THE INVESTMENT AND
DEPOSIT OF MONEY IN THE FUND SHALL BE CREDITED TO THE FUND
. ANY
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE
END OF A FISCAL YEAR REMAINS IN THE FUND AND SHALL NOT BE CREDITED
OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND
.
(2) T
HE EXECUTIVE DIRECTOR BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF
NECESSARY PURSUANT TO SECTION
24-75-402 (3) TO REDUCE THE
UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF
ONE OR MORE OF THE FEES IS CREDITED
. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED
, THE EXECUTIVE
DIRECTOR BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE
AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION
24-75-402
(4).
(3) (a) T
HE STATE LICENSING AUTHORITY SHALL ESTABLISH FEES FOR
PROCESSING THE APPLICATIONS OR LICENSES PURSUANT TO SECTION
44-50-301.
(b) T
HE AMOUNTS OF SUCH FEES, WHEN ADDED TO THE OTHER FEES
TRANSFERRED TO THE FUND PURSUANT TO THIS SECTION
, MUST REFLECT THE
ACTUAL DIRECT AND INDIRECT COSTS OF THE STATE LICENSING AUTHORITY
IN THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE
50 SO THAT
THE FEES AVOID EXCEEDING THE STATUTORY LIMIT ON UNCOMMITTED
RESERVES IN ADMINISTRATIVE AGENCY CASH FUNDS AS SET FORTH IN
SECTION
24-75-402 (3).
(c) T
HE STATE LICENSING AUTHORITY MAY CHARGE APPLICANTS
LICENSED PURSUANT TO THIS ARTICLE
50 A FEE FOR THE COST OF EACH
FINGERPRINT ANALYSIS AND BACKGR OUND INVESTIGATION UNDERTAKEN TO
QUALIFY NEW OFFICERS
, DIRECTORS, MANAGERS, OR EMPLOYEES.
(d) A
T LEAST ANNUALLY, THE STATE LICENSING AUTHORITY SHALL
REVIEW THE AMOUNTS OF THE FEES AND
, IF NECESSARY, ADJUST THE
AMOUNTS TO REFLECT THE DIRECT AND INDIRECT COSTS OF THE STATE
LICENSING AUTHORITY
.
PAGE 51-SENATE BILL 23-290 (e) THE FEES ESTABLISHED AND COLLECTED PURSUANT TO THIS
SECTION MUST NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS
ARTICLE
50.
(4) E
XCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, THE
STATE LICENSING AUTHORITY SHALL ESTABLISH A BASIC FEE THAT SHALL BE
PAID AT THE TIME OF SERVICE OF ANY SUBPOENA UPON THE STATE LICENSING
AUTHORITY
, PLUS A FEE FOR MEALS AND A FEE FOR MILEAGE AT THE RATE
PRESCRIBED FOR STATE OFFICERS AND EMPLOYEES IN SECTION
24-9-104 FOR
EACH MILE ACTUALLY AND NECESSARILY TRAVELED IN GOING TO AND
RETURNING FROM THE PLACE NAMED IN THE SUBPOENA
. IF THE PERSON
NAMED IN THE SUBPOENA IS REQUIRED TO ATTEND THE PLACE NAMED IN THE
SUBPOENA FOR MORE THAN ONE DAY
, THERE SHALL BE PAID, IN ADVANCE,
A SUM TO BE ESTABLISHED BY THE STATE LICENSING AUTHORITY FOR EACH
DAY OF ATTENDANCE TO COVER THE EXPENSES OF THE PERSON NAMED IN
THE SUBPOENA
.
(5) T
HE SUBPOENA FEE ESTABLISHED PURSUANT TO SUBSECTION (4)
OF THIS SECTION DOES NOT APPLY TO ANY FEDERAL , STATE, OR LOCAL
GOVERNMENTAL AGENCY
.
44-50-602. Fees - allocation. (1) E
XCEPT AS OTHERWISE PROVIDED,
ALL FEES AND FINES PROVIDED FOR BY THIS ARTICLE 50 SHALL BE PAID TO
THE STATE LICENSING AUTHORITY
, WHICH SHALL TRANSMIT THE FEES TO THE
STATE TREASURER
. THE STATE TREASURER SHALL CREDIT THE FEES TO THE
REGULATED NATURAL MEDICINE DIVISION CASH FUND CREATED IN SECTION
44-50-601.
(2) T
HE EXPENDITURES OF THE STATE LICENSING AUTHORITY ARE
PAID OUT OF APPROPRIATIONS FROM THE REGULATED NATURAL MEDICINE
DIVISION CASH FUND CREATED IN SECTION
44-50-601.
PART 7
DISCIPLINARY ACTIONS
44-50-701. Suspension - revocation - fines. (1) I
N ADDITION TO
ANY OTHER SANCTIONS PRESCRIBED BY THIS ARTICLE
50 OR RULES
PROMULGATED PURSUANT TO THIS ARTICLE
50, THE STATE LICENSING
AUTHORITY HAS THE POWER
, ON ITS OWN MOTION OR ON COMPLAINT, AFTER
INVESTIGATION AND OPPORTUNITY FOR A PUBLIC HEARING AT WHICH THE
PAGE 52-SENATE BILL 23-290 LICENSEE MUST BE AFFORDED AN OPPORTUNITY TO BE HEARD , TO FINE A
LICENSEE OR TO SUSPEND OR REVOKE A LICENSE ISSUED BY THE AUTHORITY
FOR A VIOLATION BY THE LICENSEE OR BY ANY OF THE AGENTS OR
EMPLOYEES OF THE LICENSEE OF THE PROVISIONS OF THIS ARTICLE
50, OR
ANY OF THE RULES PROMULGATED PURS UANT TO THIS ARTICLE
50, OR OF
ANY OF THE TERMS
, CONDITIONS, OR PROVISIONS OF THE LICENSE ISSUED BY
THE STATE LICENSING AUTHORITY
. THE STATE LICENSING AUTHORITY HAS
THE POWER TO ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE
PRESENCE OF PERSONS AND THE PRODUCTION OF PAPERS
, BOOKS, AND
RECORDS NECESSARY TO THE DETERMINATION OF A HEARING THAT THE
STATE LICENSING AUTHORITY IS AUTHORIZED TO CONDUCT
.
(2) T
HE STATE LICENSING AUTHORITY SHALL PROVIDE NOTICE OF
SUSPENSION
, REVOCATION, FINE, OR OTHER SANCTION, AS WELL AS THE
REQUIRED NOTICE OF THE HEARING PURSUANT TO SUBSECTION
(1) OF THIS
SECTION
, BY MAILING THE SAME IN WRITING TO THE LICENSEE AT THE
ADDRESS CONTAINED IN THE LICENSE AND
, IF DIFFERENT, AT THE LAST
ADDRESS FURNISHED TO THE AUTHORITY BY THE LICENSEE
. EXCEPT IN THE
CASE OF A SUMMARY SUSPENSION
, A SUSPENSION MAY NOT EXCEED SIX
MONTHS
. IF A LICENSE IS SUSPENDED OR REVOKED, A PART OF THE FEES PAID
FOR THE LICENSE ARE NOT RETURNED TO THE LICENSEE
. ANY LICENSE,
REGISTRATION, OR PERMIT MAY BE SUMMARILY SUSPENDED BY THE STATE
LICENSING AUTHORITY WITHOUT NOTICE PENDING ANY PROSECUTION
,
INVESTIGATION, OR PUBLIC HEARING PURSUANT TO THE TERMS OF SECTION
24-4-104 (4). NOTHING IN THIS SECTION PREVENTS THE SUMMARY
SUSPENSION OF A LICENSE PURSUANT TO SECTION
24-4-104 (4).
PART 8
JUDICIAL REVIEW
44-50-801. Judicial review. D
ECISIONS BY THE STATE LICENSING
AUTHORITY ARE SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION
24-4-106.
PART 9
PROTECTIONS, CONSTRUCTION,
PREEMPTION, AND SEVERABILITY
44-50-901. Protections. (1) S
UBJECT TO THE LIMITATIONS IN THIS
ARTICLE
50 AND ARTICLE 170 OF TITLE 12, BUT NOTWITHSTANDING ANY
PAGE 53-SENATE BILL 23-290 OTHER PROVISION OF LAW:
(a) A
CTIONS AND CONDUCT PERMITTED PURS UANT TO A LICENSE ,
REGISTRATION, OR PERMIT ISSUED BY THE STATE LICENSING AUTHORITY
PURSUANT TO THIS ARTICLE
50, OR BY THOSE WHO ALLOW PROPERTY TO BE
USED PURSUANT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE
50, ARE
LAWFUL AND ARE NOT AN OFFENSE UNDER STATE LAW OR THE LAWS OF ANY
LOCAL JURISDICTION WITHIN THE STATE
; ARE NOT SUBJECT TO A CIVIL FINE,
PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION , SEARCH, OR
ARREST
; ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE; AND ARE NOT
A BASIS TO SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR THE LAWS OF
ANY LOCAL JURISDICTION WITHIN THIS STATE
;
(b) A
CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
, AS ALLOWED
PURSUANT TO THIS ARTICLE
50, IS PROHIBITED BY FEDERAL LAW;
(c) A
LICENSEE, REGISTRANT, OR PERMITTEE PURSUANT TO THIS
ARTICLE
50 IS NOT SUBJECT TO DISCIPLINE OR LOSS OF A PROFESSIONAL
LICENSE OR CERTIFICATION FOR PROVIDING ADVICE OR SERVICES ARISING
OUT OF OR RELATED TO NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT
, APPLICATIONS FOR LICENSES ON THE BASIS THAT NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL LAW
,
OR FOR PERSONAL USE OF NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT AS ALLOWED PURSUANT TO THIS ARTICLE
50. THIS SUBSECTION
(1)(c) DOES NOT PERMIT A LICENSEE , REGISTRANT, OR PERMITTEE TO
ENGAGE IN MALPRACTICE
.
(d) M
ENTAL HEALTH CARE , SUBSTANCE USE DISORDER
INTERVENTION
, OR BEHAVIORAL HEALTH SERVICES OTHERWISE COVERED
UNDER THE
"COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF
TITLE
25.5, MUST NOT BE DENIED ON THE BASIS THAT THEY ARE COVERED IN
CONJUNCTION WITH NATURAL MEDICINE SERVICES
, OR THAT NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL LAW
.
I
NSURANCE OR AN INSURANCE PROVIDER IS NOT REQUIRED TO COVER THE
COST OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
.
(e) N
OTHING IN THIS SECTION MAY BE CONSTRUED OR INTERPRETED
TO PREVENT THE DIRECTOR OF THE NATURAL MEDICINE DIVISION FROM
ENFORCING ITS RULES AGAINST A LICENSEE OR TO LIMIT A STATE OR LOCAL
PAGE 54-SENATE BILL 23-290 LAW ENFORCEMENT AGENCY 'S ABILITY TO INVESTIGATE UNLAWFUL
ACTIVITY IN RELATION TO A LICENSEE
.
44-50-902. Liberal construction. T
HIS ARTICLE 50 MUST BE
LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE
.
44-50-903. Preemption. A
LOCAL JURISDICTION SHALL NOT ADOPT,
ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION THAT ARE
OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE
50.
44-50-904. Severability. I
F ANY PROVISION OF THIS ARTICLE 50 IS
FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL
,
THE REMAINING PROVISIONS OF THIS ARTICLE 50 ARE VALID, UNLESS IT
APPEARS TO THE COURT THAT THE VALID PROVISIONS OF THE STATUTE ARE
SO ESSENTIALLY AND INSEPARABLY CONNECTED WITH
, AND SO DEPENDENT
UPON
, THE VOID PROVISION THAT IT CANNOT BE PRESUMED THAT THE
GENERAL ASSEMBLY WOULD HAVE ENACTED THE VALID PROVISIONS
WITHOUT THE VOID ONE
; OR UNLESS THE COURT DETERMINES THAT THE
VALID PROVISIONS
, STANDING ALONE, ARE INCOMPLETE AND ARE INCAPABLE
OF BEING EXECUTED IN ACCORDANCE WITH THE LEGISLATIVE INTENT
.
PART 10
SUNSET REVIEW - ARTICLE REPEAL
44-50-1001. Sunset review - repeal of article. (1) T
HIS ARTICLE
50 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.
(2) P
RIOR TO THE REPEAL OF THIS ARTICLE 50, THE DEPARTMENT OF
REGULATORY AGENCIES SHALL CONDUCT A SUNSET REVIEW AS DESCRIBED
IN SECTION
24-34-104 (5).
SECTION 22. In Colorado Revised Statutes, 16-13-303, amend (9)
as follows:
16-13-303. Class 1 public nuisance. (9) A person acting in
compliance with the "Natural Medicine Health Act of 2022", article 170 of
title 12 does not violate this section IT IS NOT A VIOLATION OF THIS SECTION
IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION
18-18-434, ARTICLE
170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
PAGE 55-SENATE BILL 23-290 SECTION 23. In Colorado Revised Statutes, 16-13-304, amend (2)
as follows:
16-13-304. Class 2 public nuisance. (2) A person acting in
compliance with the "Natural Medicine Health Act of 2022", article 170 of
title 12 does not violate this section IT IS NOT A VIOLATION OF THIS SECTION
IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION
18-18-434, ARTICLE
170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
SECTION 24. In Colorado Revised Statutes, 18-18-403.5, amend
(1) as follows:
18-18-403.5. Unlawful possession of a controlled substance -
notice to revisor of statutes - repeal. (1) Except as authorized by part 1
or 3 of article 280 of title 12, part 2 of article 80 of title 27, section
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
18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is
unlawful for a person knowingly to possess a controlled substance.
SECTION 25. In Colorado Revised Statutes, 18-18-404, amend
(1)(a) as follows:
18-18-404. Unlawful use of a controlled substance. (1) (a) Except
as is otherwise provided for offenses concerning marijuana and marijuana
concentrate in sections 18-18-406 and 18-18-406.5, or by the "Natural
Medicine Health Act of 2022", article 170 of title 12 OR FOR NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT IN SECTION
18-18-434, ARTICLE
170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, any person who uses any
controlled substance, except when it is dispensed by or under the direction
of a person licensed or authorized by law to prescribe, administer, or
dispense the controlled substance for bona fide medical needs, commits a
level 2 drug misdemeanor.
SECTION 26. In Colorado Revised Statutes, 18-18-405, amend
(1)(a) as follows:
18-18-405. Unlawful distribution, manufacturing, dispensing, or
sale. (1) (a) Except as authorized by part 1 of article 280 of title 12, part 2
of article 80 of title 27, part 2 or 3 of this article 18, or by the "Natural
PAGE 56-SENATE BILL 23-290 Medicine Health Act of 2022", article 170 of title 12 SECTION 18-18-434,
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is unlawful for any
person knowingly to manufacture, dispense, sell, or distribute, or to possess
with intent to manufacture, dispense, sell, or distribute, a controlled
substance; or induce, attempt to induce, or conspire with one or more other
persons, to manufacture, dispense, sell, distribute, or possess with intent to
manufacture, dispense, sell, or distribute, a controlled substance; or possess
one or more chemicals or supplies or equipment with intent to manufacture
a controlled substance.
SECTION 27. In Colorado Revised Statutes, amend 18-18-410 as
follows:
18-18-410. Declaration of class 1 public nuisance. Except as
permitted by the "Natural Medicine Health Act of 2022", article 170 of title
12 AUTHORIZED BY SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR
ARTICLE
50 OF TITLE 44, any store, shop, warehouse, dwelling house,
building, vehicle, boat, or aircraft or any place whatsoever which
THAT is
frequented by controlled substance addicts for the unlawful use of
controlled substances or which is used for the unlawful storage,
manufacture, sale, or distribution of controlled substances is declared to be
a class 1 public nuisance and subject to the provisions of section 16-13-303.
C.R.S.
Any real or personal property which THAT is seized or confiscated
as a result of an action to abate a public nuisance shall be disposed of
pursuant to part 7 of article 13 of title 16. C.R.S.
SECTION 28. In Colorado Revised Statutes, 18-18-411, repeal (5);
and add (3.5) as follows:
18-18-411. Keeping, maintaining, controlling, renting, or making
available property for unlawful distribution or manufacture of
controlled substances. (3.5) I
T IS NOT A VIOLATION OF THIS SECTION IF A
PERSON IS ACTING IN COMPLIANCE WITH SECTION
18-18-434, ARTICLE 170
OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
(5) A person acting in compliance with the "Natural Medicine
Health Act of 2022", article 170 of title 12 does not violate this section.
SECTION 29. In Colorado Revised Statutes, 18-18-412.7, repeal
(3); and add (1.5) as follows:
PAGE 57-SENATE BILL 23-290 18-18-412.7. Sale or distribution of materials to manufacture
controlled substances. (1.5) I
T IS NOT A VIOLATION OF THIS SECTION IF A
PERSON IS ACTING IN COMPLIANCE WITH SECTION
18-18-434, ARTICLE 170
OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
(3) A person acting in compliance with the "Natural Medicine
Health Act of 2022", article 170 of title 12 does not violate this section.
SECTION 30. In Colorado Revised Statutes, 18-18-430.5, amend
(1)(c) as follows:
18-18-430.5. Drug paraphernalia - exemption. (1) A person is
exempt from sections 18-18-425 to 18-18-430 if the person is:
(c) Using equipment, products, or materials in compliance with the
"Natural Medicine Health Act of 2022", article 170 of title 12 SECTION
18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44. The
manufacture, possession, and distribution of such equipment, products, or
materials shall be
IS authorized within the meaning of 21 U.S.C. 863 sec.
(f).
SECTION 31. In Colorado Revised Statutes, add 18-18-434 as
follows:
18-18-434. Offenses relating to natural medicine and natural
medicine product - definitions. (1) A
PERSON WHO IS UNDER TWENTY-ONE
YEARS OF AGE WHO KNOWINGLY POSSESSES OR CONSUMES NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG P ETTY
OFFENSE AND
, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF NOT
MORE THAN ONE HUNDRED DOLLARS OR NOT MORE T HAN FOUR HOURS OF
SUBSTANCE USE EDUCATION OR COUNSELING
; EXCEPT THAT A SECOND OR
SUBSEQUENT CONVICTION FOR A VIOLATION OF THIS SUBSECTION
(1) IS
SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS
, NOT MORE
THAN FOUR HOURS OF SUBSTANCE USE EDUCATION OR COUNSELING
, AND
NOT MORE THAN TWENTY
-FOUR HOURS OF USEFUL PUBLIC SERVICE .
(2) A
PERSON WHO OPENLY AND PUBLICLY DISPLAYS OR CONSUMES
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG
PETTY OFFENSE AND
, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF
NOT MORE THAN ONE HUNDRED DOLLARS AND NOT MORE THAN
PAGE 58-SENATE BILL 23-290 TWENTY-FOUR HOURS OF USEFUL PUBLIC SERVICE .
(3) (a) A
PERSON WHO KNOWINGLY CULTIVATES NATURAL MEDICINE
THAT CUMULATIVELY EXCEEDS AN AREA OF MORE THAN TWELVE FEET WIDE
BY TWELVE FEET LONG IN ONE OR MORE CULTIVATION AREAS ON THE
PRIVATE PROPERTY
, OR KNOWINGLY ALLOWS SUCH CULTIVATION ON
PRIVATE PROPERTY THAT THE PERSON OWNS
, OCCUPIES, OR CONTROLS,
COMMITS A DRUG PETTY OFFENSE , AND UPON CONVICTION THEREOF , IS
SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
.
(b) (I) E
XCEPT AS PROVIDED IN SUBSECTION (3)(b)(II) OF THIS
SECTION
, A PERSON WHO KNOWINGLY CULTIVATES NATURAL MEDICINE ON
THE PRIVATE PROPERTY OUTSIDE OF AN ENCLOSED AND LOCKED SPACE
, OR
KNOWINGLY ALLOWS SUCH CULTIVATION ON THE PRIVATE PROPERTY
OUTSIDE OF AN ENCLOSED AND LOCKED SPACE
, THAT THE PERSON OWNS,
OCCUPIES, OR CONTROLS, COMMITS A DRUG PETTY OFFENSE , AND UPON
CONVICTION THEREOF
, IS SUBJECT TO A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS
.
(II) I
T IS NOT A VIOLATION OF THIS SUBSECTION (3)(b) IF THE PERSON
WHO IS CULTIVATING NATURAL MEDICINE IS TWENTY
-ONE YEARS OF AGE OR
OLDER
, IF THE CULTIVATION AREA IS LOCATED IN A DWELLING ON THE
PRIVATE PROPERTY
, AND:
(A)
IF A PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT THE
DWELLING
, THE CULTIVATION AREA ITSELF IS ENCLOSED AND LOCKED ; OR
(B) IF NO PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT THE
DWELLING
, THE EXTERNAL LOCKS ON THE DWELLING CONSTITUTE AN
ENCLOSED AND LOCKED SPACE
, BUT IF A PERSON UNDER TWENTY-ONE YEARS
OF AGE ENTERS THE DWELLING
, THE PERSON CULTIVATING THE NATURAL
MEDICINE SHALL ENSURE THAT ACCESS TO THE CULTIVATION AREA IS
REASONABLY RESTRICTED FOR THE DURATION OF THE PERSON UNDER
TWENTY
-ONE YEARS OF AGE'S PRESENCE IN THE PRIVATE PROPERTY.
(c) I
T IS NOT A VIOLATION OF SUBSECTION (3)(a) OF THIS SECTION IF
A COUNTY
, MUNICIPALITY, OR CITY AND COUNTY LAW EXPRESSLY PERMITS
THE CULTIVATION OF NATURAL MEDICINE THAT CUMULATIVELY EXCEEDS AN
AREA OF MORE THAN TWELVE FEET WIDE BY TWELVE FEET LONG IN ONE OR
MORE CULTIVATION AREAS ON THE PRIVATE PROPERTY AND THE PERSON
PAGE 59-SENATE BILL 23-290 CULTIVATES THE NATURAL MEDICINE IN AN ENCLOSED AND LOCKED SPACE
WITHIN THE LIMIT SET BY THE COUNTY
, MUNICIPALITY, OR CITY AND COUNTY
WHERE THE NATURAL MEDICINE IS LOCATED
.
(4) (a) I
T IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED
PURSUANT TO ARTICLE
50 OF TITLE 44 TO KNOWINGLY MANUFACTURE
NATURAL MEDICINE PRODUCT USING AN INHERENTLY HAZARDOUS
SUBSTANCE
.
(b) I
T IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED PURSUANT
TO ARTICLE
50 OF TITLE 44 WHO OWNS, MANAGES, OPERATES, OR OTHERWISE
CONTROLS THE USE OF A PROPERTY TO KNOWINGLY ALLOW NATURAL
MEDICINE PRODUCT TO BE MANUFACTURED ON THE PREMISES USING AN
INHERENTLY HAZARDOUS SUBSTANCE
.
(c) A
PERSON WHO VIOLATES THIS SUBSECTION (4) COMMITS A LEVEL
2 DRUG FELONY.
(5) (a)
UNLESS EXPRESSLY LIMITED BY THIS SECTION, ARTICLE 170
OF TITLE 12, OR ARTICLE 50 OF TITLE 44, A PERSON WHO FOR THE PURPOSE
OF PERSONAL USE AND WITHOUT REMUNERATION
, POSSESSES, CONSUMES,
SHARES, CULTIVATES, OR MANUFACTURES NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT
, DOES NOT VIOLATE STATE LAW , OR COUNTY,
MUNICIPALITY, OR CITY AND COUNTY ORDINANCE , RULE, OR RESOLUTION.
(b) U
NLESS EXPRESSLY LIMITED BY THIS SECTION , A PERSON WHO
PERFORMS TESTING ON NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT
, AND POSSESSES NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT IN CONJUNCTION THEREWITH
, FOR ANOTHER PERSON WHO IS
TWENTY
-ONE YEARS OF AGE OR OLDER WHO SUBMITS FOR TESTING NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT INTENDED FOR PERSONAL USE
,
DOES NOT VIOLATE STATE LAW , OR COUNTY, MUNICIPALITY, OR CITY AND
COUNTY ORDINANCE
, RULE, OR RESOLUTION, ARTICLE 170 OF TITLE 12, OR
ARTICLE
50 OF TITLE 44, IF:
(I) T
HE PERSON PERFORMING THE TESTING PROVIDES WRITTEN
NOTICE TO THE PERSON SUBMITTING FOR TESTING NATURAL MEDICINE OR
NATURAL MEDICINE PRODUCT INTENDED FOR PERS ONAL USE
, THAT THE
PERSON IS NOT LICENSED BY THE STATE TO CONDUCT TESTING
; AND
PAGE 60-SENATE BILL 23-290 (II) THE PERSON WHO SUBMITS FOR TESTING NATURAL MEDICINE OR
NATURAL MEDICINE PRODUCT PROVIDES A SIGNED STATEMENT THAT THE
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IS INTENDED FOR
PERSONAL USE ONLY
.
(c) N
OTHING IN THIS SECTION PERMITS A PERSON TO:
(I) D
ISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO
DISPENSE
, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT TO A PERSON UNDER TWENTY
-ONE YEARS OF AGE;
(II) D
ISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO
DISPENSE
, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT FOR REMUNERATION
, EXCEPT AS PROVIDED BY ARTICLE 170 OF
TITLE
12 AND ARTICLE 50 OF TITLE 44;
(III) M
ANUFACTURE, CULTIVATE, POSSESS, CONSUME, USE, DISPENSE,
OR DISTRIBUTE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT , OR
POSSESS WITH INTENT TO MANUFACTURE
, CULTIVATE, POSSESS, CONSUME,
USE, DISPENSE, OR DISTRIBUTE NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT FOR A PURPOSE OTHER T HAN PERSONAL USE OR AS PROVIDED BY
ARTICLE
170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44;
(IV) D
ISPENSE, DISTRIBUTE, OR POSSESS WITH INTENT TO DISPENSE
OR DISTRIBUTE
, NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS A
PART OF A BUSINESS PROMOTION OR COMMERCIAL ACTIVITY
, EXCEPT AS
PROVIDED BY ARTICLE
170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44; OR
(V) DISPENSE, SELL, OR DISTRIBUTE, OR POSSESS WITH INTENT TO
DISPENSE
, SELL, OR DISTRIBUTE, IBOGAINE OR NATURAL MEDICINE PRODUCT
THAT CONTAINS IBOGAINE TO ANOTHER PERSON
, EXCEPT AS PROVIDED BY
ARTICLE
170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.
(d) A
PEACE OFFICER SHALL NOT ARREST A PERSON, AND A DISTRICT
ATTORNEY SHALL NOT CHARGE OR PROSECUTE A PERSON FOR A CRIMINAL
OFFENSE INVOLVING NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
PURSUANT TO THIS PART
4, EXCEPT AS EXPRESSLY PROVIDED IN THIS
SECTION
.
(e) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
PAGE 61-SENATE BILL 23-290 CONTRARY, A PEACE OFFICER MAY ARREST A PERSON , OR A DISTRICT
ATTORNEY MAY CHARGE OR PROSECUTE A PERSON FOR A CRIMINAL OFFENSE
THAT IS NOT EXPRESSLY LAWFUL PURSUANT TO THIS SECTION OR ARTICLE
170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.
(6) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , AN ACTION
THAT IS LAWFUL PURSUANT TO THIS SECTION
, ARTICLE 170 OF TITLE 12, OR
ARTICLE
50 OF TITLE 44, INDIVIDUALLY OR IN COMBINATION WITH ANOTHER
ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION
, MUST NOT BE THE
SOLE REASON TO
:
(a) S
UBJECT A PERSON TO A CIVIL FINE, PENALTY, OR SANCTION;
(b) D
ENY A PERSON A RIGHT OR PRIVILEGE; OR
(c) SEIZE OR FORFEIT ASSETS.
(7) (a) E
XCEPT AS PROVIDED IN SUBSECTION (7)(b) OF THIS SECTION,
AN ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION , INDIVIDUALLY OR
IN COMBINATION WITH ANOTHER ACTION THAT IS LAWFUL PURS UANT TO THIS
SECTION
, MUST NOT SOLELY BE USED AS A FACTOR IN A PROBABLE CAUSE
DETERMINATION OF ANY CRIMINAL OFFENSE
.
(b) A
N ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION MAY BE
USED AS A FACTOR IN A PROBABLE CAUSE DETERMINATION OF ANY CRIMINAL
OFFENSE IF THE ORIGINAL STOP OR SEARCH WAS LAWFUL AND OTHER
FACTORS ARE PRESENT TO SUPPORT A PROBABLE CAUSE DETERMINATION OF
ANY CRIMINAL OFFENSE
.
(8) T
HE FACT THAT A PERSON IS ENTITLED TO CONSUME NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT UNDER THE LAWS OF THIS STATE
DOES NOT CONSTITUTE A DEFENSE AGAINST ANY CHARGE FOR VIOLATION OF
AN OFFENSE RELATED TO THE OPERATION OF A VEHICLE
, AIRCRAFT, BOAT,
MACHINERY, OR OTHER DEVICE.
(9) A
COUNTY, MUNICIPALITY, OR CITY AND COUNTY SHALL NOT
ADOPT
, ENACT, OR ENFORCE ANY ORDINANCE , RULE, OR RESOLUTION
IMPOSING ANY GREATER CRIMINAL OR CIVIL PENALTY THAN PROVIDED BY
THIS SECTION OR THAT IS OTHERWISE IN CONFLICT WITH THIS SECTION
.
PAGE 62-SENATE BILL 23-290 (10) NOTHING IN THIS SECTION PROHIBITS A PERSON OR ANY ENTITY
WHO OCCUPIES
, OWNS, OR CONTROLS A PROPERTY FROM PROHIBITING OR
OTHERWISE REGULATING THE CULTIVATION OR MANUFACTURE OF NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT ON OR IN THAT PROPERTY
.
(11) N
OTWITHSTANDING ANY OTHER LAW TO THE CONTRARY , THE
OFFENSES PROVIDED FOR IN THIS SECTION DO NOT APPLY TO A PERSON
POSSESSING
, DISPLAYING, CULTIVATING, PURCHASING, OR SELLING A LIVING
PLANT FOR ORNAMENTAL PURPOSES ONLY THAT WAS COMMONLY AND
LAWFULLY SOLD PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
. FOR
PURPOSES OF THIS SECTION
, A "LIVING PLANT" DOES NOT INCLUDE
MUSHROOMS OR OTHER FUNGAL MATTER
.
(12) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "I
NHERENTLY HAZARDOUS SUBSTANCE " MEANS ANY LIQUID
CHEMICAL
, COMPRESSED GAS, OR COMMERCIAL PRODUCT THAT HAS A FLASH
POINT AT OR LOWER THAN THIRTY
-EIGHT DEGREES CELSIUS OR ONE
HUNDRED DEGREES FAHRENHEIT
, INCLUDING BUTANE, PROPANE, AND
DIETHYL ETHER
, AND EXCLUDING ALL FORMS OF ALCOHOL AND ETHANOL .
(b) (I) "N
ATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES :
(A) D
IMETHYLTRYPTAMINE;
(B) M
ESCALINE;
(C) I
BOGAINE;
(D) P
SILOCYBIN; OR
(E) PSILOCYN.
(II) "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION
(12)(b), INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING COMPOUND
OF NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL SYNTHESIS
,
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.
PAGE 63-SENATE BILL 23-290 (III) NOTWITHSTANDING SUBSECTION (12)(b)(I) OF THIS SECTION,
"
MESCALINE" DOES NOT INCLUDE PEYOTE , MEANING ALL PARTS OF THE
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE
,
WHETHER GROWING OR NOT ; ITS SEEDS; ANY EXTRACT FROM ANY PART OF
THE PLANT
, AND EVERY COMPOUND , SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT
; OR ITS SEEDS OR EXTRACTS.
(c) "N
ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION
.
(d) "P
ERSONAL USE" MEANS THE CONSUMPTION OR USE OF NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT
; OR THE AMOUNT OF NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT A PERSON MAY LAWFULLY
POSSESS
, CULTIVATE, OR MANUFACTURE THAT IS NECESSARY TO SHARE WITH
ANOTHER PERSON WHO IS TWENTY
-ONE YEARS OF AGE OR OLDER WITHIN THE
CONTEXT OF COUNSELING
, SPIRITUAL GUIDANCE , BENEFICIAL
COMMUNITY
-BASED USE AND HEALING , SUPPORTED USE, OR RELATED
SERVICES
. "PERSONAL USE" DOES NOT MEAN THE SALE OF NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT FOR REMUNERATION
; THE
POSSESSION
, CULTIVATION, OR MANUFACTURE OF NATURAL MEDICINE OR
NATURAL MEDICINE PRODUCT WITH INTENT TO SELL THE NATURAL MEDICINE
OR NATURAL MEDICINE PRODUCT FOR REMUNERATION
; OR THE POSSESSION,
CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF NATURAL MEDICINE OR
NATURAL MEDICINE PRODUCT FOR BUSINESS OR COMMERCIAL PURPOSES
,
EXCEPT AS PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE
44. NOTHING IN THIS SECTION PRECLUDES REMUNERATION FOR BONA FIDE
HARM REDUCTION SERVICES OR BONA FIDE SUPPORT SERVICES USED
CONCURRENTLY WITH THE SHARING OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT
, PROVIDED THAT THERE IS NO ADVERTISEMENT RELATED
TO THE SHARING OF NATURAL MEDICINE
, NATURAL MEDICINE PRODUCT, OR
THE SERVICES PROVIDED
, AND PROVIDED THAT THE INDIVIDUAL PROVIDING
THE SERVICES INFORMS AN INDIVIDUAL ENGAGING IN THE SERVICES THAT
THE INDIVIDUAL IS NOT A LICENSED FACILITATOR PURSUANT TO ARTICLE
170
OF TITLE 12.
(e) "P
RIVATE PROPERTY" MEANS A DWELLING, ITS CURTILAGE, AND
A STRUCTURE WITHIN THE CURTILAGE THAT IS BEING USED BY A NATURAL
PERSON OR NATURAL PERSONS FOR HABITATION AND THAT IS NOT OPEN TO
THE PUBLIC
.
PAGE 64-SENATE BILL 23-290 (f) "REMUNERATION" MEANS ANYTHING OF VALUE , INCLUDING
MONEY
, REAL PROPERTY, TANGIBLE AND INTANGIBLE PERSONAL PROPERTY ,
CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, ANY RIGHT OF USE OR
EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED THEREWITH
,
BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
SECTION 32. In Colorado Revised Statutes, add 10-16-162 as
follows:
10-16-162. Prohibition on discrimination for coverage based
solely on natural medicine consumption - definitions. (1) A
CARRIER
THAT OFFERS
, ISSUES, OR RENEWS A HEALTH BENEFIT PLAN SHALL NOT ,
SOLELY ON THE BASIS OF A PERSON'S CONSUMPTION OF NATURAL MEDICINE
OR NATURAL MEDICINE PRODUCT
:
(a) D
ECLINE OR LIMIT COVERAGE OF A PERSON; OR
(b) PENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE
FOR A PERSON
.
(2) A
CARRIER THAT OFFERS, ISSUES, OR RENEWS A HEALTH BENEFIT
PLAN THAT PROVIDES COVERAGE FOR ANATOMICAL GIFTS
, ORGAN
TRANSPLANTS
, OR RELATED TREATMENTS OR SERVICES SHALL NOT , SOLELY
ON THE BASIS OF A COVERED PERSON
'S CONSUMPTION OF NATURAL MEDICINE
OR NATURAL MEDICINE PRODUCT
:
(a) D
ENY COVERAGE TO A COVERED PERSON FOR AN ORGAN
TRANSPLANT OR RELATED TREATMENT OR SERVICES
;
(b) D
ECLINE OR LIMIT COVERAGE OF A COVERED PERSON SOLELY FOR
THE PURPOSE OF AVOIDING THE REQUIREMENTS OF THIS SECTION
; OR
(c) PENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE
FOR A COVERED PERSON FOR HEALTH
-CARE SERVICES RELATED TO ORGAN
TRANSPLANTATION
, AS DETERMINED IN CONSULTATION WITH THE
ATTENDING PHYSICIAN AND THE COVERED PERSON OR THE COVERED
PERSON
'S REPRESENTATIVE.
(3) T
HIS SECTION DOES NOT REQUIRE A HEALTH BENEFIT PLAN TO
PROVIDE COVERAGE FOR THE DONATION OF AN ANATOMICAL GIFT
, AN ORGAN
PAGE 65-SENATE BILL 23-290 TRANSPLANT, OR RELATED TREATMENT OR SERVICES .
(4) F
OR THE PURPOSES OF THIS SECTION , UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "A
NATOMICAL GIFT" MEANS THE DONATION OF PART OF A HUMAN
BODY FOR THE PURPOSE OF TRANSPLANTATION TO ANOTHER PERSON
.
(b) (I) "N
ATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES :
(A) D
IMETHYLTRYPTAMINE;
(B) M
ESCALINE;
(C) I
BOGAINE;
(D) P
SILOCYBIN; OR
(E) PSILOCYN.
(II) "N
ATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION
(4)(b),
INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING COMPOUND OF
NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL SYNTHESIS
,
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.
(c) "N
ATURAL MEDICINE PRODUCT " MEANS A PRODUCT INFUSED
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION
.
SECTION 33. In Colorado Revised Statutes, 17-2-102, add (8.5)(d)
as follows:
17-2-102. Division of adult parole - general powers, duties, and
functions - definition. (8.5) (d) T
HIS SUBSECTION (8.5) DOES NOT APPLY TO
A PAROLEE WHO POSSESSES OR USES NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT AS AUTHORIZED PURSUANT TO SECTION
18-18-434,
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
SECTION 34. In Colorado Revised Statutes, 17-2-201, add (5.3)
as follows:
PAGE 66-SENATE BILL 23-290 17-2-201. State board of parole - duties - definitions.
(5.3) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , THE POSSESSION OR
USE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
, AS
AUTHORIZED PURSUANT TO SECTION
18-18-434, ARTICLE 170 OF TITLE 12,
OR ARTICLE 50 OF TITLE 44, MUST NOT BE CONSIDERED AN OFFENSE SUCH
THAT ITS POSSESSION OR USE CONSTITUTES A VIOLATION OF CONDITIONS OF
PAROLE
.
SECTION 35. In Colorado Revised Statutes, 18-1.3-204, amend
(2)(a)(VIII) introductory portion; and add (1)(c) as follows:
18-1.3-204. Conditions of probation - interstate compact
probation transfer cash fund - creation. (1) (c) N
OTWITHSTANDING THE
PROVISIONS OF SUBSECTION
(1)(a) OF THIS SECTION, THE POSSESSION OR USE
OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
, AS AUTHORIZED
PURSUANT TO SECTION
18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50
OF TITLE 44, MUST NOT BE CONSIDERED ANOTHER OFFENSE SUCH THAT ITS
USE CONSTITUTES A VIOLATION OF THE TERMS OF PROBATION
.
(2) (a) When granting probation, the court may, as a condition of
probation, require that the defendant:
(VIII) Refrain from excessive use of alcohol or any unlawful use of
controlled substances, as defined in section 18-18-102 (5), or of any other
dangerous or abusable drug without a prescription; except that the court
shall not, as a condition of probation,
PROHIBIT THE POSSESSION OR USE OF
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
, AS AUTHORIZED
PURSUANT TO SECTION
18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50
OF TITLE 44. FURTHERMORE, THE COURT SHALL NOT, AS A CONDITION OF
PROBATION
, prohibit the possession or use of medical marijuana, as
authorized pursuant to section 14 of article XVIII of the state constitution,
unless:
SECTION 36. In Colorado Revised Statutes, 19-2.5-103, amend
(1)(a)(I) and (5) as follows:
19-2.5-103. Jurisdiction. (1) Except as otherwise provided by law,
the juvenile court has exclusive original jurisdiction in proceedings:
(a) Concerning any juvenile ten years of age or older who has
PAGE 67-SENATE BILL 23-290 violated:
(I) Any federal or state law, except nonfelony state traffic, game and
fish, and parks and recreation laws or rules; the offense specified in section
18-13-122, concerning the illegal possession or consumption of ethyl
alcohol or marijuana by an underage person or illegal possession of
marijuana paraphernalia by an underage person; the offenses specified in
section 18-18-406 (5)(b)(I) and (5)(b)(II), concerning marijuana and
marijuana concentrate;
THE OFFENSES SPECIFIED IN SECTION 18-18-434
CONCERNING NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT ; and
the civil infraction in section 18-7-109 (3), concerning exchange of a
private image by a juvenile;
(5) Notwithstanding any other provision of this section to the
contrary, the juvenile court and the county court have concurrent
jurisdiction over a juvenile who is under eighteen years of age and who is
charged with a violation of section 18-13-122, 18-18-406 (5)(b)(I) and
(5)(b)(II), 18-18-428, 18-18-429, 18-18-430, 18-18-434, or 42-4-1301;
except that, if the juvenile court accepts jurisdiction over such a juvenile,
the county court jurisdiction terminates.
SECTION 37. In Colorado Revised Statutes, 19-3-103, add (4) as
follows:
19-3-103. Child not neglected - when. (4) (a) A
PERSON WHO
PERFORMS OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO
SECTION
18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44
DOES NOT CONSTITUTE CHILD ABUSE OR NEGLECT BY A PARENT OR LEGAL
GUARDIAN FOR PURPOSES OF THIS ARTICLE
3, UNLESS IT THREATENS THE
HEALTH OR WELFARE OF A CHILD
.
(b) T
HE COURT SHALL NOT RESTRICT OR PROHIBIT FAMILY TIME , OR
DETERMINE THAT FAMILY TIME IS NOT IN THE CHILD
'S BEST INTERESTS,
BASED SOLELY ON THE FACT THAT A PERSON PERFORMS OR HAS PERFORMED
AN ACTION THAT IS LAWFUL PURSUANT TO SECTION
18-18-434, ARTICLE 170
OF TITLE 12, OR ARTICLE 50 OF TITLE 44, UNLESS THE COURT FINDS THAT THE
CHILD
'S SAFETY OR MENTAL, EMOTIONAL, OR PHYSICAL HEALTH IS AT RISK
AS A RESULT OF THE FAMILY TIME
.
SECTION 38. In Colorado Revised Statutes, 24-72-706, amend
PAGE 68-SENATE BILL 23-290 (1)(h); and add (1)(f.5) as follows:
24-72-706. Sealing of criminal conviction and criminal justice
records - processing fee. (1) Sealing of conviction records.
(f.5) (I) N
OTWITHSTANDING ANY PROVISION OF THIS PART 7 TO THE
CONTRARY
, A MOTION FILED FOR THE SEALING OF CONVICTION RECORDS FOR
AN OFFENSE THAT WAS UNLAWFUL AT THE TIME OF CONVICTION
, BUT IS NO
LONGER UNLAWFUL PURSUANT TO SECTION
18-18-434, MAY BE FILED AT
ANY TIME
. THE COURT SHALL ORDER THE RECORDS SEALED UNLESS THE
DISTRICT ATTORNEY OBJECTS PURSUANT TO SUBSECTION
(1)(f.5)(II) OF THIS
SECTION
.
(II) I
F A MOTION IS FILED FOR THE SEALING OF AN OFFENSE
DESCRIBED IN THIS SUBSECTION
(1)(f.5), THE DEFENDANT SHALL PROVIDE
NOTICE OF THE MOTION TO THE DISTRICT ATTORNEY
, WHO MAY OBJECT. THE
DISTRICT ATTORNEY SHALL DETERMINE WHETHER TO OBJECT TO THE MOTION
BASED ON WHETHER THE UNDERLYING CONVICTION FOR AN OFFENSE IS NO
LONGER UNLAWFUL PURSUANT TO SECTION
18-18-434. THE DISTRICT
ATTORNEY SHALL DETERMINE WHETHER TO OBJECT AND PROVIDE NOTICE TO
THE COURT WITHIN FORTY
-TWO DAYS OF RECEIPT OF THE MOTION . IF THE
DISTRICT ATTORNEY OBJECTS TO THE MOTION
, THE COURT SHALL SET THE
MATTER FOR HEARING AND THE BURDEN IS ON THE DEFENDANT TO SHOW BY
A PREPONDERANCE OF THE EVIDENCE THAT THE UNDERLYING FACTUAL BASIS
OF THE CONVICTION SOUGHT TO BE SEALED IS NO LONGER UNLAWFUL
PURSUANT TO SECTION
18-18-434.
(III) (A) A
DEFENDANT WHO FILES A MOTION PURSUANT TO THIS
SUBSECTION
(1)(f.5) MUST NOT BE CHARGED FEES OR COSTS .
(B) N
OTWITHSTANDING SUBSECTION (1)(c) OF THIS SECTION, A
DEFENDANT WHO FILES A MOTION PURSUANT TO THIS SUBSECTION
(1)(f.5)
IS NOT REQUIRED TO SUBMIT A VERIFIED COPY OF THE DEFENDANT 'S
CRIMINAL HISTORY WITH A FILED MOTION
.
(C) S
ECTION 24-72-703 (2)(a)(V) DOES NOT APPLY TO CONVICTION
RECORDS SEALED PURSUANT TO THIS SUBSECTION
(1)(f.5).
(h) A defendant who files a motion to seal criminal justice records
pursuant to this section shall pay a processing fee of sixty-five dollars to
cover the actual costs related to the sealing of the criminal justice records.
PAGE 69-SENATE BILL 23-290 The defendant shall pay to the Colorado bureau of investigation any costs
related to the sealing of the defendant's criminal justice records in the
custody of the bureau. The court shall waive the processing fee upon a
determination that:
(I) The defendant is indigent; or
(II) The defendant's records should have been automatically sealed
pursuant to section 13-3-117, 24-72-704, or 24-72-705;
OR
(III) THE DEFENDANT FILED A MOTION TO SEAL PURSUANT TO
SUBSECTION
(1)(f.5) OF THIS SECTION.
SECTION 39. In Colorado Revised Statutes, add 24-76.5-104 as
follows:
24-76.5-104. Natural medicine consumption consideration
prohibited - exception. C
ONSIDERATION OF WHETHER A PERSON PERFORMS
OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO SECTION
18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44 IS NOT A
REQUIREMENT FOR ELIGIBILITY FOR A PUBLIC ASSISTANCE PROGRAM
, UNLESS
CONSIDERATION IS REQUIRED PURSUANT TO FEDERAL LAW
.
SECTION 40. In Colorado Revised Statutes, add 25-56-104.5 as
follows:
25-56-104.5. Prohibition on discrimination for organ transplants
based solely on natural medicine consumption - applicability. (1) T
HIS
ARTICLE
56 APPLIES TO ALL STAGES OF THE ORGAN TRANSPLANT PROCESS .
(2) A
COVERED ENTITY SHALL NOT , SOLELY ON THE BASIS OF A
PERSON
'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT
:
(a) C
ONSIDER THE INDIVIDUAL INELIGIBLE TO RECEIVE AN
ANATOMICAL GIFT OR ORGAN TRANSPLANT
;
(b) D
ENY MEDICAL SERVICES OR OTHER SERVICES RELATED TO
ORGAN TRANSPLANTATION
, INCLUDING DIAGNOSTIC SERVICES, EVALUATION,
SURGERY, COUNSELING, AND POST-OPERATIVE TREATMENT AND SERVICES ;
PAGE 70-SENATE BILL 23-290 (c) REFUSE TO REFER THE INDIVIDUAL TO A TRANSPLANT CENTER OR
OTHER RELATED SPECIALIST FOR THE PURPOSE OF BEING EVALUATED FOR OR
RECEIVING AN ORGAN TRANSPLANT
;
(d) R
EFUSE TO PLACE A QUALIFIED RECIPIENT ON AN ORGAN
TRANSPLANT WAITING LIST
; OR
(e) PLACE A QUALIFIED RECIPIENT ON AN ORGAN TRANSPLANT
WAITING LIST AT A LOWER PRIORITY POSITION THAN THE POSITION AT WHICH
THE PERSON WOULD HAVE BEEN PLACED IF THE PERSON DID NOT CONSUME
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
.
(3) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A COVERED
ENTITY MAY TAKE A PERSON
'S CONSUMPTION OF NATURAL MEDICINE OR
NATURAL MEDICINE PRODUCT INTO ACCOUNT WHEN MAKING TREATMENT OR
COVERAGE RECOMMENDATIONS OR DECISIONS
, SOLELY TO THE EXTENT THAT
THE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT CONSUMPTION
HAS BEEN FOUND BY A PHYSICIAN OR SURGEON
, FOLLOWING AN
INDIVIDUALIZED EVALUATION OF THE PERSON
, TO BE MEDICALLY
SIGNIFICANT TO THE PROVISION OF THE ANATOMICAL GIFT OR ORGAN
TRANSPLANT
.
(4) A
COVERED ENTITY SHALL:
(a) M
AKE REASONABLE MODIFICATIONS TO ITS POLICIES, PRACTICES,
AND PROCEDURES TO ALLOW A PERSON WHO CONSUMES NATURAL MEDICINE
OR NATURAL MEDICINE PRODUCT ACCESS TO TRANSPLANTATION
-RELATED
SERVICES
, INCLUDING DIAGNOSTIC SERVICES , SURGERY, COVERAGE,
POST-OPERATIVE TREATMENT , AND COUNSELING, UNLESS THE COVERED
ENTITY DEMONSTRATES THAT MAKING SUCH MODIFICATIONS WOULD
FUNDAMENTALLY ALTER THE NATURE OF THE SERVICES PROVIDED
; AND
(b) TAKE REASONABLE AND NECESSARY STEPS TO ENSURE THAT A
PERSON
'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT IS NOT THE REASON THE PERSON IS DENIED MEDICAL SERVICES OR
OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION
, INCLUDING
DIAGNOSTIC SERVICES
, SURGERY, POST-OPERATIVE TREATMENT , OR
COUNSELING
, DUE TO THE ABSENCE OF AUXILIARY AIDS OR SERVICES ,
UNLESS THE COVERED ENTITY DEMONSTRATES THAT TAKING SUCH STEPS
WOULD FUNDAMENTALLY ALTER THE NATURE OF THE MEDICAL SERVICES OR
PAGE 71-SENATE BILL 23-290 OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION OR WOULD RESULT
IN AN UNDUE BURDEN FOR THE COVERED ENTITY
.
(5) N
OTHING IN THIS ARTICLE 56 REQUIRES A COVERED ENTITY TO
MAKE A REFERRAL OR RECOMMENDATION FOR OR PERFORM A MEDICALLY
INAPPROPRIATE ORGAN TRANSPLANT
.
SECTION 41. In Colorado Revised Statutes, 35-36-102, amend
(14)(b) as follows:
35-36-102. Rules - definitions. As used in this article 36, unless the
context otherwise requires:
(14) (b) "Farm products" does not include poultry and poultry
products, timber products, nursery stock, commodities, or
marijuana, OR
NATURAL MEDICINE AS DEFINED IN SECTION
12-170-104 (12).
SECTION 42. In Colorado Revised Statutes, 39-22-104, add
(4)(r.5) as follows:
39-22-104. Income tax imposed on individuals, estates, and
trusts - single rate - report - legislative declaration - definitions - repeal.
(4) There shall be subtracted from federal taxable income:
(r.5) F
OR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE "COLORADO
NATURAL MEDICINE CODE", ARTICLE 50 OF TITLE 44, AN AMOUNT EQUAL TO
ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED AS A FEDERAL INCOME
TAX DEDUCTION BUT IS DISALLOWED BY SECTION
280E OF THE INTERNAL
REVENUE CODE BECAUSE NATURAL MEDICINE IS A CONTROLLED SUBSTANCE
UNDER FEDERAL LAW
;
SECTION 43. In Colorado Revised Statutes, 39-22-304, add
(3)(m.5) as follows:
39-22-304. Net income of corporation - legislative declaration -
definitions - repeal. (3) There shall be subtracted from federal taxable
income:
(m.5) F
OR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
PAGE 72-SENATE BILL 23-290 1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE "COLORADO
NATURAL MEDICINE CODE", ARTICLE 50 OF TITLE 44, AN AMOUNT EQUAL TO
ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED AS A FEDERAL INCOME
TAX DEDUCTION BUT IS DISALLOWED BY SECTION
280E OF THE INTERNAL
REVENUE CODE BECAUSE NATURAL MEDICINE IS A CONTROLLED SUBSTANCE
UNDER FEDERAL LAW
;
SECTION 44. Appropriation. (1) For the 2023-24 state fiscal year,
$733,658 General Fund is appropriated to the department of revenue. To
implement this act, the department may use this appropriation as follows:
(a) $536,826 for use by the natural medicine division for the
enforcement and regulation of natural medicines, which amount is based on
an assumption that the department will require an additional 4.7 FTE;
(b) $6,500 for tax administration IT system (GenTax) support; and
(c) $190,332 for the purchase of legal services.
(2) For the 2023-24 state fiscal year, $190,332 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of revenue under subsection (1)(c) of this section and
is based on an assumption that the department of law will require an
additional 1.0 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the department of revenue.
(3) For the 2023-24 state fiscal year, $101,150 is appropriated to the
department of law. This appropriation is from the legal services cash fund
created in section 24-31-108 (4), C.R.S., from revenue received from the
department of regulatory agencies that is continuously appropriated to the
department of regulatory agencies from the regulated natural medicine
access program fund created in section 12-170-106 (1), C.R.S. The
appropriation to the department of law is based on an assumption that the
department of law will require an additional 0.5 FTE. To implement this
act, the department of law may use this appropriation to provide legal
services for the department of regulatory agencies.
(4) For the 2023-24 state fiscal year, $838,402 General Fund is
appropriated to the department of public health and environment for use by
the division of disease control and public health response. This
PAGE 73-SENATE BILL 23-290 appropriation is based on an assumption that division will require an
additional 4.1 FTE. To implement this act, the division may use this
appropriation for the natural medicine program related to laboratory
services.
SECTION 45. Effective date. This act takes effect July 1, 2023,
and applies to offenses committed on or after July 1, 2023.
PAGE 74-SENATE BILL 23-290 SECTION 46. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 75-SENATE BILL 23-290