SENATE BILL 24-198
BY SENATOR(S) Fenberg and Michaelson Jenet, Gonzales, Jaquez Lewis,
Marchman, Priola;
also REPRESENTATIVE(S) Brown and McCormick, Amabile, Garcia,
Joseph, Lindsay, Mabrey, Ortiz, Ricks, Snyder, Valdez.
C
ONCERNING MEASURES TO SUPPORT THE IMPLEMENTATION OF THE STATE 'S
REGULATED NATURAL MEDICINE PROGRAM
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 10-16-162, amend
(4)(b)(I)(E) as follows:
10-16-162. Prohibition on discrimination for coverage based
solely on natural medicine consumption - definitions. (4) As used in this
section, unless the context otherwise requires:
(b) (I) "Natural medicine" means the following substances:
(E) Psilocyn
PSILOCIN.
SECTION 2. In Colorado Revised Statutes, 12-170-104, amend (8)
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. and (12)(a)(II) as follows:
12-170-104. Definitions. As used in this article 170, unless the
context otherwise requires:
(8) "Healing 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.
(12) (a) "Natural medicine" means the following substances:
(II) Psilocyn
PSILOCIN.
SECTION 3. In Colorado Revised Statutes, 12-170-105, amend
(1)(e); repeal (1)(h)(I); and add (1)(a)(II)(L), (1)(a)(II)(M), (5), (6), (7),
and (8) as follows:
12-170-105. Director powers and duties - prohibition - rules.
(1) In 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) To promulgate rules pursuant to section 12-20-204 concerning
the following subjects:
(II) Requirements for the licensing of facilitators, practice of
facilitation, and professional conduct of facilitators, including:
(L) T
HE APPROVAL OF EDUCATIONAL PROGRAMS IN THE STATE
INTENDED TO PREPARE INDIVIDUALS FOR LICENSURE UNDER THIS ARTICLE
170, INCLUDING APPROVING CURRICULA , CONDUCTING SURVEYS , AND
ESTABLISHING STANDARDS FOR THE EDUCATIONAL PROGRAMS
; DENIAL OF,
APPROVAL OF, AND WITHDRAWAL OF APPROVAL FROM AN EDUCATIONAL
PROGRAM FOR FAILURE TO MEET REQUIRED STANDARDS ESTABLISHED BY
THIS ARTICLE
170 OR RULES ADOPTED BY THE DIRECTOR; ESTABLISHMENT OF
STANDARDS TO DETERMINE WHETHER IN STITUTIONS OUTSIDE THIS STATE
ARE DEEMED TO HAVE ACCEPTABLE EDUCATIONAL PROGRAMS AND
WHETHER GRADUATES OF INSTITUTIONS OUTSIDE THIS STATE ARE DEEMED
TO BE GRADUATES OF APPROVED EDUCATIONAL PROGRAMS FOR THE
PAGE 2-SENATE BILL 24-198 PURPOSE OF LICENSURE UNDER THIS ARTICLE 170; AND DETERMINATION OF
WHEN ACCREDITATION OF AN EDUCAT ION PROGRAM BY ANOTHER STATE
MAY SERVE AS A BASIS FOR APPROVAL OF LICENSURE
;
(M) T
HE APPROVAL OF FACILITATOR EDUCATION AND TRAINING
PROGRAMS PURSUANT TO SUBSECTION
(5)(a) OF THIS SECTION;
(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
A PERSON is violating this article 170 or a rule
promulgated pursuant to this article 170,
IN ALL MATTERS RELATING TO THE
EXERCISE AND PERFORMANCE OF THE POWERS AND DUTIES VESTED IN THE
DIRECTOR
;
(h) (I) To petition a district court for an investigative subpoenaapplicable 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;
(5) (a) THE DIRECTOR MAY APPROVE A FACILITATOR EDUCATION AND
TRAINING PROGRAM AND ADOPT RULES PURSUANT TO SUBSECTION
(1)(a) OF
THIS SECTION
.
(b) A
PERSON SEEKING APPROVAL OF AN EDUCATION AND TRAINING
PROGRAM TO PREPARE INDIVIDUALS FOR LICENSURE AS A FACILITATOR
SHALL APPLY TO THE DIRECTOR AND SUBMIT EVIDENCE THAT THE PROPOSED
EDUCATION AND TRAINING PROGRAM COMPLIES WITH THIS ARTICLE
170 AND
RULES ADOPTED BY THE DIRECTOR PURSUANT TO SUBSECTION
(1)(a) OF THIS
SECTION
.
(c) T
O BE APPROVED PURSUANT TO THIS SUBSECTION (5), AN
EDUCATION AND TRAINING PROGRAM MUST INCLUDE ALL ITEMS REQUIRED
BY SUBSECTION
(1)(a)(II)(B) OF THIS SECTION, INCLUDING A CURRICULUM
AND MATERIALS THAT WILL PROVIDE A BASIC LEVEL OF BOTH KNOWLEDGE
AND DEMONSTRABLE SKILLS FOR EACH INDIVIDUAL COMPLETING THE
PROGRAM AND ANY ADDITIONAL CONTENT REQUIRED PURSUANT TO RULES
PAGE 3-SENATE BILL 24-198 ADOPTED BY THE DIRECTOR PURSUANT TO SUBSECTION (1)(a) OF THIS
SECTION
.
(6) T
HE DIRECTOR OR THE DIRECTOR'S DESIGNEE MAY INSPECT AND
SURVEY EACH APPROVED FACILITATOR EDUCATION AND TRAINING PROGRAM
AT THE DIRECTOR
'S DISCRETION.
(7) (a) T
HE DIVISION SHALL CREATE A PROCESS TO REVIEW THE
DIRECTOR
'S DENIAL OF AN EDUCATION AND TRAINING PROGRAM . THE
PROCESS ESTABLISHED PURSUANT TO THIS SUBSECTION
(7) MUST REQUIRE
THE DIRECTOR OR THE DIRECTOR
'S DESIGNEE, DIVISION COUNSEL, AND THE
CHAIR OF THE NATURAL MEDICINE ADVISORY BOARD OR THE CHAIR
'S
DESIGNEE TO REVIEW APPLICATIONS PRIOR TO A DENIAL BEING ISSUED BY
THE DIRECTOR
.
(b) I
F THE APPLICANT IS DENIED APPROVAL AFTER THE REVIEW
PROCESS CREATED PURSUANT TO SUBSECTION
(7)(a) OF THIS SECTION, THE
DIRECTOR SHALL DOCUMENT THE GROUNDS FOR DENIAL AND SUBMIT THAT
DOCUMENTATION TO THE APPLICANT
.
(8) T
HE DIVISION SHALL REGULARLY REVIEW THE NATURAL
MEDICINE PROGRAM
, INCLUDING THE APPROVAL PROCESS FOR FACILITATOR
EDUCATION AND TRAINING PROGRAMS
. THE DIVISION SHALL INCLUDE THE
REVIEW IN THE ANNUAL REPORTING REQUIRED IN SUBSECTION
(1)(j) OF THIS
SECTION
.
SECTION 4. In Colorado Revised Statutes, 18-18-434, amend
(12)(b)(I)(E) as follows:
18-18-434. Offenses relating to natural medicine and natural
medicine product - definitions. (12) As used in this section, unless the
context otherwise requires:
(b) (I) "Natural medicine" means the following substances:
(E) Psilocyn
PSILOCIN.
SECTION 5. In Colorado Revised Statutes, 23-64-104, amend
(1)(p) and (1)(q); and add (1)(r) as follows:
PAGE 4-SENATE BILL 24-198 23-64-104. Exemptions. (1) The following educational institutions
and educational services are exempt from this article 64:
(p) Yoga teacher training courses, programs, and schools; and
(q) Training of guides, trip leaders, and guide instructors by river
outfitters licensed pursuant to section 33-32-104;
AND
(r) EDUCATION AND TRAINING PROGRAMS APPROVED BY THE
DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE
DEPARTMENT OF REGULATORY AGENCIES UNDER ARTICLE
170 OF TITLE 12.
SECTION 6. In Colorado Revised Statutes, 25-1.5-120, amend (1),
(2)(a), (2)(b), and (2)(c) as follows:
25-1.5-120. Natural medicine testing and standards - rules.
(1) The 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
LABORATORY
certification requirements of natural medicine and natural medicine product
regulated by the department of revenue pursuant to article 50 of title 44.
(2) At a minimum, the rules must:
(a) Establish natural medicine and natural medicine product
LABORATORY testing standards and certification
requirements;
(b) Establish a natural medicine independent
LABORATORY testing
and
certification program for licensees pursuant to article 50 of title 44,
within an implementation time frame established by the 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) Establish procedures that ensure natural medicine and natural
medicine product are quarantined and REQUIRE notification procedures TO
THE STATE LICENSING AUTHORITY
if test results indicate the presence of
quantities of any substance determined to be injurious to health;
PAGE 5-SENATE BILL 24-198 SECTION 7. In Colorado Revised Statutes, 25-56-104.5, add (6)
as follows:
25-56-104.5. Prohibition on discrimination for organ transplants
based solely on natural medicine consumption - applicability -
definitions. (6) A
S USED IN THIS SECTION:
(a) "N
ATURAL MEDICINE" HAS THE SAME MEANING AS SET FORTH IN
SECTION
44-50-103 (13).
(b) "N
ATURAL MEDICINE PRODUCT" HAS THE SAME MEANING AS SET
FORTH IN SECTION
44-50-103 (15).
SECTION 8. In Colorado Revised Statutes, 44-50-103, amend (3),
(4), (5), (6), and (13)(a)(II) as follows:
44-50-103. Definitions. As used in this article 50, unless the context
otherwise requires:
(3) "Director" means the director of the
NATURAL MEDICINE division
of professions and occupations
or the director's designee.
(4) "Division" means the
NATURAL MEDICINE division of professions
and occupations created in the department. pursuant to section 12-20-103.
(5) "Facilitator" 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
TO ENGAGE IN THE PRACTICE OF FACILITATION
by the director to engage in the practice of facilitation
OF THE DIVISION OF
PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF REGULATORY
AGENCIES PURSUANT TO ARTICLE
170 OF TITLE 12.
(6) "Healing center" means a facility where an entity is licensed by
the state licensing authority
PURSUANT TO THIS ARTICLE 50 that permits a
facilitator to provide and supervise natural medicine services for a
participant.
(13) (a) "Natural medicine" means the following substances:
PAGE 6-SENATE BILL 24-198 (II) Psilocyn PSILOCIN.
SECTION 9. In Colorado Revised Statutes, 44-50-203, amend
(1)(e), (1)(f)(I)(B), and (2)(p) as follows:
44-50-203. State licensing authority - rules. (1) Mandatory
rule-making. Rules promulgated pursuant to section 44-50-202 (1)(b) must
include the following subjects:
(e) Permissible 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
AN INDIVIDUAL SHALL not have a financial
interest in more than five natural medicine business licenses;
(f) (I) Establishment of a natural medicine independent testing and
certification program for licensees within an implementation time frame
established by the division, requiring 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:
(B) Testing procedures and frequency of
REQUIREMENTS FOR
regulated natural medicine and regulated natural medicine product by
licensees;
(2) Permissive rule-making. Rules promulgated pursuant to section
44-50-202 (1)(b) may include, but need not be limited to, the following
subjects:
(p) Requirements for inspections, investigations, searches, seizures,
forfeitures, embargoes, quarantines, recalls,
DESTRUCTION, and such
additional activities as may become necessary;
SECTION 10. In Colorado Revised Statutes, 44-50-301, amend (4)
as follows:
44-50-301. Classes of licenses. (4) (a) E
XCEPT AS PROVIDED IN
SUBSECTION
(4)(b) OF THIS SECTION, a person may
SHALL not operate a
PAGE 7-SENATE BILL 24-198 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.
(b) A
PERSON MAY OPERATE A NATURAL MEDICINE TESTING FACILITY
LICENSE ISSUED PURSUANT TO SECTION
44-50-404 AT THE SAME LOCATION
AS A REGULATED MARIJUANA TESTING FACILITY LICENSE ISSUED PURSUANT
TO ARTICLE
10 OF THIS TITLE 44.
SECTION 11. In Colorado Revised Statutes, 44-50-401, amend (2)
as follows:
44-50-401. Natural medicine healing center license - rules. (2) A
natural medicine healing center licensee may transfer regulated natural
medicine or regulated natural medicine product to another natural medicine
healing center licensee
OR A FACILITATOR pursuant to rules promulgated by
the state licensing authority.
SECTION 12. In Colorado Revised Statutes, 44-50-402, amend (1)
as follows:
44-50-402. Natural medicine cultivation facility license. (1) A
natural medicine cultivation facility license may be issued
PURSUANT TO
STATE LICENSING AUTHORITY RULES AND
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, OR OTHER PERSONS
LICENSED UNDER ARTICLE
170 OF TITLE 12 OR THIS ARTICLE 50.
SECTION 13. In Colorado Revised Statutes, 44-50-403, add (3) as
follows:
44-50-403. Natural medicine product manufacturer license.
(3) P
URSUANT TO RULES PROMULGATED BY THE STATE LICENSING
AUTHORITY
, A NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE MAY
TRANSFER AND DISTRIBUTE REGULATED NATURAL MEDICINE AND A
REGULATED NATURAL MEDICINE PRODUCT TO ANOTHER PERSON LICENSED
UNDER ARTICLE
170 OF TITLE 12 OR ANOTHER PERSON LICENSED UNDER THIS
ARTICLE
50.
SECTION 14. Safety clause. The general assembly finds,
PAGE 8-SENATE BILL 24-198 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
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 9-SENATE BILL 24-198