Colorado 2024 Regular Session

Colorado Senate Bill SB198 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0982.01 Yelana Love x2295
1	8		SENATE BILL 24-198
2		-	BY SENATOR(S) Fenberg and Michaelson Jenet, Gonzales, Jaquez Lewis,
3		-	Marchman, Priola;
4		-	also REPRESENTATIVE(S) Brown and McCormick, Amabile, Garcia,
5		-	Joseph, Lindsay, Mabrey, Ortiz, Ricks, Snyder, Valdez.
	9	+	Senate Committees House Committees
	10	+	Finance Finance
	11	+	A BILL FOR AN ACT
6	12		C
7		-	ONCERNING MEASURES TO SUPPORT THE IMPLEMENTATION OF THE STATE 'S
8		-	REGULATED NATURAL MEDICINE PROGRAM
9		-	.
10		-
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 10-16-162, amend
13		-	(4)(b)(I)(E) as follows:
14		-	10-16-162. Prohibition on discrimination for coverage based
15		-	solely on natural medicine consumption - definitions. (4) As used in this
16		-	section, unless the context otherwise requires:
17		-	(b) (I) "Natural medicine" means the following substances:
	13	+	ONCERNING MEASURES TO SUPPORT THE IMPLEMENTATION OF THE101
	14	+	STATE'S REGULATED NATURAL MEDICINE PROGRAM .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill:
	23	+	! Authorizes the director of the division of professions and
	24	+	occupations in the department of regulatory agencies to
	25	+	approve facilitator education and training programs;
	26	+	! Exempts facilitator education and training programs from
	27	+	regulation as private educational schools;
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	May 6, 2024
	31	+	HOUSE
	32	+	2nd Reading Unamended
	33	+	May 5, 2024
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	April 17, 2024
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	April 16, 2024
	40	+	SENATE SPONSORSHIP
	41	+	Fenberg and Michaelson Jenet, Gonzales, Jaquez Lewis, Marchman, Priola
	42	+	HOUSE SPONSORSHIP
	43	+	Brown and McCormick, Amabile, Garcia, Joseph, Lindsay, Mabrey, Ortiz, Ricks, Snyder,
	44	+	Valdez
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. ! Updates rule-making by the department of public health
	48	+	and environment and the state licensing authority related to
	49	+	laboratory testing and certification of natural medicine
	50	+	products;
	51	+	! Prohibits individuals, rather than all persons, from having
	52	+	a financial interest in more than 5 natural medicine
	53	+	business licenses;
	54	+	! Clarifies that a person may operate a natural medicine
	55	+	testing facility at the same location as a regulated marijuana
	56	+	testing facility; and
	57	+	! Specifies which transfers and distributions of regulated
	58	+	natural medicine and regulated natural medicine products
	59	+	are authorized between persons licensed as healing centers,
	60	+	facilitators, natural medicine cultivation facilities, and
	61	+	natural medicine manufacturers.
	62	+	Be it enacted by the General Assembly of the State of Colorado:1
	63	+	SECTION 1. In Colorado Revised Statutes, 10-16-162, amend2
	64	+	(4)(b)(I)(E) as follows:3
	65	+	10-16-162. Prohibition on discrimination for coverage based4
	66	+	solely on natural medicine consumption - definitions. (4) As used in5
	67	+	this section, unless the context otherwise requires:6
	68	+	(b) (I) "Natural medicine" means the following substances:7
18	69		(E) Psilocyn
19		-	PSILOCIN.
20		-	SECTION 2. In Colorado Revised Statutes, 12-170-104, amend (8)
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. and (12)(a)(II) as follows:
29		-	12-170-104. Definitions. As used in this article 170, unless the
30		-	context otherwise requires:
31		-	(8) "Healing center" means a facility where an entity is licensed by
32		-	the state licensing authority pursuant to article 50 of title 44 that permits a
33		-	facilitator to provide and supervise natural medicine services for a
34		-	participant.
35		-	(12) (a) "Natural medicine" means the following substances:
	70	+	PSILOCIN.8
	71	+	SECTION 2. In Colorado Revised Statutes, 12-170-104, amend9
	72	+	(8) and (12)(a)(II) as follows:10
	73	+	12-170-104. Definitions. As used in this article 170, unless the11
	74	+	context otherwise requires:12
	75	+	(8) "Healing center" means a facility where an entity is licensed13
	76	+	by the state licensing authority pursuant to article 50 of title 44 that14
	77	+	permits a facilitator to provide and supervise natural medicine services for15
	78	+	a participant.16
	79	+	(12) (a) "Natural medicine" means the following substances:17
	80	+	198-2- (II) Psilocyn PSILOCIN.1
	81	+	SECTION 3. In Colorado Revised Statutes, 12-170-105, amend2
	82	+	(1)(e); repeal (1)(h)(I); and add (1)(a)(II)(L), (1)(a)(II)(M), (5), (6), (7),3
	83	+	and (8) as follows:4
	84	+	12-170-105. Director powers and duties - prohibition - rules.5
	85	+	(1) In addition to any other powers and duties granted or imposed on the6
	86	+	director pursuant to this article 170 or by any other law, the director has7
	87	+	the following powers and duties:8
	88	+	(a) To promulgate rules pursuant to section 12-20-204 concerning9
	89	+	the following subjects:10
	90	+	(II) Requirements for the licensing of facilitators, practice of11
	91	+	facilitation, and professional conduct of facilitators, including:12
	92	+	(L) T
	93	+	HE APPROVAL OF EDUCATIONAL PROGRAMS IN THE STATE13
	94	+	INTENDED TO PREPARE INDIVIDUALS FOR LICENSURE UNDER THIS ARTICLE14
	95	+	170,
	96	+	INCLUDING APPROVING CURRICULA , CONDUCTING SURVEYS , AND15
	97	+	ESTABLISHING STANDARDS FOR THE EDUCATIONAL PROGRAMS ; DENIAL OF,16
	98	+	APPROVAL OF, AND WITHDRAWAL OF APPROVAL FROM AN EDUCATIONAL17
	99	+	PROGRAM FOR FAILURE TO MEET REQUIRED STANDARDS ESTABLISHED BY18
	100	+	THIS ARTICLE 170 OR RULES ADOPTED BY THE DIRECTOR; ESTABLISHMENT19
	101	+	OF STANDARDS TO DETERMINE WHETH ER INSTITUTIONS OUTSIDE THIS20
	102	+	STATE ARE DEEMED TO HAVE ACCEPTABLE EDUCATIONAL PROGRAMS AND21
	103	+	WHETHER GRADUATES OF INSTITUTIONS OUTSIDE THIS STATE ARE DEEMED22
	104	+	TO BE GRADUATES OF APPROVED EDUCATIONAL PROGRAMS FOR THE23
	105	+	PURPOSE OF LICENSURE UNDER THIS ARTICLE 170; AND DETERMINATION24
	106	+	OF WHEN ACCREDITATION OF AN EDUCATION PROGRAM BY ANOTHER25
	107	+	STATE MAY SERVE AS A BASIS FOR APPROVAL OF LICENSURE ;26
	108	+	(M) T
	109	+	HE APPROVAL OF FACILITATOR EDUCATION AND TRAINING27
	110	+	198
	111	+	-3- PROGRAMS PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION;1
	112	+	(e) To conduct investigations and hearings, gather evidence, and2
	113	+	pursue disciplinary actions pursuant to sections 12-20-403, 12-20-404,3
	114	+	and 24-4-105, and this article 170, with respect to licenses, registrations,4
	115	+	permits, or certificates when the director has reasonable cause to believe5
	116	+	that an individual or entity A PERSON is violating this article 170 or a rule6
	117	+	promulgated pursuant to this article 170,
	118	+	IN ALL MATTERS RELATING TO7
	119	+	THE EXERCISE AND PERFORMANCE OF THE POWERS AND DUTIES VESTED IN8
	120	+	THE DIRECTOR;9
	121	+	(h) (I) To petition a district court for an investigative subpoena
	122	+	10
	123	+	applicable to a person who is not licensed, registered, permitted, or11
	124	+	certified pursuant to this article 170 to obtain documents or information12
	125	+	necessary to enforce a provision of this article 170 or a rule promulgated13
	126	+	pursuant to this article 170 after reasonable efforts have been made to14
	127	+	obtain requested documents or information without a subpoena;15
	128	+	(5) (a) T
	129	+	HE DIRECTOR MAY APPROVE A FACILITATOR EDUCATION16
	130	+	AND TRAINING PROGRAM AND ADOPT RULES PURSUANT TO SUBSECTION17
	131	+	(1)(a)
	132	+	OF THIS SECTION.18
	133	+	(b) A
	134	+	PERSON SEEKING APPROVAL OF AN EDUCATION AND19
	135	+	TRAINING PROGRAM TO PREPARE INDIVIDUALS FOR LICENSURE AS A20
	136	+	FACILITATOR SHALL APPLY TO THE DIRECTOR AND SUBMIT EVIDENCE THAT21
	137	+	THE PROPOSED EDUCATION AND TRAINING PROGRAM COMPLIES WITH THIS22
	138	+	ARTICLE 170 AND RULES ADOPTED BY THE DIRECTOR PURSUANT TO23
	139	+	SUBSECTION (1)(a) OF THIS SECTION.24
	140	+	(c) T
	141	+	O BE APPROVED PURSUANT TO THIS SUBSECTION (5), AN25
	142	+	EDUCATION AND TRAINING PROGRAM MUST INCLUDE ALL ITEMS REQUIRED26
	143	+	BY SUBSECTION (1)(a)(II)(B) OF THIS SECTION, INCLUDING A CURRICULUM27
	144	+	198
	145	+	-4- AND MATERIALS THAT WILL PROVIDE A BASIC LEVEL OF BOTH KNOWLEDGE1
	146	+	AND DEMONSTRABLE SKILLS FOR EACH INDIVIDUAL COMPLETING THE2
	147	+	PROGRAM AND ANY ADDITIONAL CONTENT REQUIRED PURSUANT TO RULES3
	148	+	ADOPTED BY THE DIRECTOR PURSUANT TO SUBSECTION (1)(a) OF THIS4
	149	+	SECTION.5
	150	+	(6) T
	151	+	HE DIRECTOR OR THE DIRECTOR'S DESIGNEE MAY INSPECT AND6
	152	+	SURVEY EACH APPROVED FACILITATOR EDUCATION AND TRAINING7
	153	+	PROGRAM AT THE DIRECTOR'S DISCRETION.8
	154	+	(7) (a) T
	155	+	HE DIVISION SHALL CREATE A PROCESS TO REVIEW THE9
	156	+	DIRECTOR'S DENIAL OF AN EDUCATION AND TRAINING PROGRAM . THE10
	157	+	PROCESS ESTABLISHED PURSUANT TO THIS SUBSECTION (7) MUST REQUIRE11
	158	+	THE DIRECTOR OR THE DIRECTOR'S DESIGNEE, DIVISION COUNSEL, AND THE12
	159	+	CHAIR OF THE NATURAL MEDICINE ADVISORY BOARD OR THE CHAIR 'S13
	160	+	DESIGNEE TO REVIEW APPLICATIONS PRIOR TO A DENIAL BEING ISSUED BY14
	161	+	THE DIRECTOR.15
	162	+	(b) I
	163	+	F THE APPLICANT IS DENIED APPROVAL AFTER THE REVIEW16
	164	+	PROCESS CREATED PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION, THE17
	165	+	DIRECTOR SHALL DOCUMENT THE GROUNDS FOR DENIAL AND SUBMIT THAT18
	166	+	DOCUMENTATION TO THE APPLICANT .19
	167	+	(8) T
	168	+	HE DIVISION SHALL REGULARLY REVIEW THE NATURAL20
	169	+	MEDICINE PROGRAM , INCLUDING THE APPROVAL PROCESS FOR21
	170	+	FACILITATOR EDUCATION AND TRAINING PROGRAMS . THE DIVISION SHALL22
	171	+	INCLUDE THE REVIEW IN THE ANNUAL REPORTING REQUIRED IN23
	172	+	SUBSECTION (1)(j) OF THIS SECTION.24
	173	+	SECTION 4. In Colorado Revised Statutes, 18-18-434, amend25
	174	+	(12)(b)(I)(E) as follows:26
	175	+	18-18-434. Offenses relating to natural medicine and natural27
	176	+	198
	177	+	-5- medicine product - definitions. (12) As used in this section, unless the1
	178	+	context otherwise requires:2
	179	+	(b) (I) "Natural medicine" means the following substances:3
	180	+	(E) Psilocyn PSILOCIN.4
	181	+	SECTION 5. In Colorado Revised Statutes, 23-64-104, amend5
	182	+	(1)(p) and (1)(q); and add (1)(r) as follows:6
	183	+	23-64-104. Exemptions. (1) The following educational7
	184	+	institutions and educational services are exempt from this article 64:8
	185	+	(p) Yoga teacher training courses, programs, and schools; and9
	186	+	(q) Training of guides, trip leaders, and guide instructors by river10
	187	+	outfitters licensed pursuant to section 33-32-104;
	188	+	AND11
	189	+	(r) E
	190	+	DUCATION AND TRAINING PROGRAMS APPROVED BY THE12
	191	+	DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE13
	192	+	DEPARTMENT OF REGULATORY AGENCIES UNDER ARTICLE 170 OF TITLE 12.14
	193	+	SECTION 6. In Colorado Revised Statutes, 25-1.5-120, amend15
	194	+	(1), (2)(a), (2)(b), and (2)(c) as follows:16
	195	+	25-1.5-120. Natural medicine testing and standards - rules.17
	196	+	(1) The department of public health and environment, in coordination18
	197	+	with the department of revenue, to ensure consistency between rules, shall19
	198	+	promulgate rules concerning testing standards and
	199	+	LABORATORY20
	200	+	certification requirements of natural medicine and natural medicine21
	201	+	product regulated by the department of revenue pursuant to article 50 of22
	202	+	title 44.23
	203	+	(2) At a minimum, the rules must:24
	204	+	(a) Establish natural medicine and natural medicine product25
	205	+	LABORATORY testing standards and certification
	206	+	requirements;26
	207	+	(b) Establish a natural medicine independent
	208	+	LABORATORY testing27
	209	+	198
	210	+	-6- and certification program for licensees pursuant to article 50 of title 44,1
	211	+	within an implementation time frame established by the department of2
	212	+	revenue, requiring licensees to test natural medicine and natural medicine3
	213	+	product to ensure, at a minimum, that products transferred for human4
	214	+	consumption by natural persons or entities licensed pursuant to article 505
	215	+	of title 44 do not contain contaminants that are injurious to health and to6
	216	+	ensure correct labeling;7
	217	+	(c) Establish procedures that ensure natural medicine and natural8
	218	+	medicine product are quarantined and REQUIRE notification procedures TO9
	219	+	THE STATE LICENSING AUTHORITY if test results indicate the presence of10
	220	+	quantities of any substance determined to be injurious to health;11
	221	+	SECTION 7. In Colorado Revised Statutes, 25-56-104.5, add (6)12
	222	+	as follows:13
	223	+	25-56-104.5. Prohibition on discrimination for organ14
	224	+	transplants based solely on natural medicine consumption -15
	225	+	applicability - definitions. (6) A
	226	+	S USED IN THIS SECTION:16
	227	+	(a) "N
	228	+	ATURAL MEDICINE" HAS THE SAME MEANING AS SET FORTH17
	229	+	IN SECTION 44-50-103 (13).18
	230	+	(b) "N
	231	+	ATURAL MEDICINE PRODUCT " HAS THE SAME MEANING AS19
	232	+	SET FORTH IN SECTION 44-50-103 (15).20
	233	+	SECTION 8. In Colorado Revised Statutes, 44-50-103, amend21
	234	+	(3), (4), (5), (6), and (13)(a)(II) as follows:22
	235	+	44-50-103. Definitions. As used in this article 50, unless the23
	236	+	context otherwise requires:24
	237	+	(3) "Director" means the director of the
	238	+	NATURAL MEDICINE25
	239	+	division of professions and occupations
	240	+	or the director's designee.26
	241	+	(4) "Division" means the
	242	+	NATURAL MEDICINE division of
	243	+	27
	244	+	198
	245	+	-7- professions and occupations created in the department. pursuant to section1
	246	+	12-20-103.2
	247	+	(5) "Facilitator" means a natural person who is twenty-one years3
	248	+	of age or older, has the necessary qualifications, training, experience, and4
	249	+	knowledge to perform and supervise natural medicine services for a5
	250	+	participant, and is licensed
	251	+	TO ENGAGE IN THE PRACTICE OF FACILITATION6
	252	+	by the director to engage in the practice of facilitation
	253	+	OF THE DIVISION OF7
	254	+	PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF REGULATORY8
	255	+	AGENCIES PURSUANT TO ARTICLE 170 OF TITLE 12.9
	256	+	(6) "Healing center" means a facility where an entity is licensed10
	257	+	by the state licensing authority
	258	+	PURSUANT TO THIS ARTICLE 50 that permits11
	259	+	a facilitator to provide and supervise natural medicine services for a12
	260	+	participant.13
	261	+	(13) (a) "Natural medicine" means the following substances:14
36	262		(II) Psilocyn
37		-	PSILOCIN.
38		-	SECTION 3. In Colorado Revised Statutes, 12-170-105, amend
39		-	(1)(e); repeal (1)(h)(I); and add (1)(a)(II)(L), (1)(a)(II)(M), (5), (6), (7),
40		-	and (8) as follows:
41		-	12-170-105. Director powers and duties - prohibition - rules.
42		-	(1) In addition to any other powers and duties granted or imposed on the
43		-	director pursuant to this article 170 or by any other law, the director has the
44		-	following powers and duties:
45		-	(a) To promulgate rules pursuant to section 12-20-204 concerning
46		-	the following subjects:
47		-	(II) Requirements for the licensing of facilitators, practice of
48		-	facilitation, and professional conduct of facilitators, including:
49		-	(L) T
50		-	HE APPROVAL OF EDUCATIONAL PROGRAMS IN THE STATE
51		-	INTENDED TO PREPARE INDIVIDUALS FOR LICENSURE UNDER THIS ARTICLE
52		-	170, INCLUDING APPROVING CURRICULA , CONDUCTING SURVEYS , AND
53		-	ESTABLISHING STANDARDS FOR THE EDUCATIONAL PROGRAMS
54		-	; DENIAL OF,
55		-	APPROVAL OF, AND WITHDRAWAL OF APPROVAL FROM AN EDUCATIONAL
56		-	PROGRAM FOR FAILURE TO MEET REQUIRED STANDARDS ESTABLISHED BY
57		-	THIS ARTICLE
58		-	170 OR RULES ADOPTED BY THE DIRECTOR; ESTABLISHMENT OF
59		-	STANDARDS TO DETERMINE WHETHER IN STITUTIONS OUTSIDE THIS STATE
60		-	ARE DEEMED TO HAVE ACCEPTABLE EDUCATIONAL PROGRAMS AND
61		-	WHETHER GRADUATES OF INSTITUTIONS OUTSIDE THIS STATE ARE DEEMED
62		-	TO BE GRADUATES OF APPROVED EDUCATIONAL PROGRAMS FOR THE
63		-	PAGE 2-SENATE BILL 24-198 PURPOSE OF LICENSURE UNDER THIS ARTICLE 170; AND DETERMINATION OF
64		-	WHEN ACCREDITATION OF AN EDUCAT ION PROGRAM BY ANOTHER STATE
65		-	MAY SERVE AS A BASIS FOR APPROVAL OF LICENSURE
66		-	;
67		-	(M) T
68		-	HE APPROVAL OF FACILITATOR EDUCATION AND TRAINING
69		-	PROGRAMS PURSUANT TO SUBSECTION
70		-	(5)(a) OF THIS SECTION;
71		-	(e) To conduct investigations and hearings, gather evidence, and
72		-	pursue disciplinary actions pursuant to sections 12-20-403, 12-20-404, and
73		-	24-4-105, and this article 170, with respect to licenses, registrations,
74		-	permits, or certificates when the director has reasonable cause to believe
75		-	that an individual or entity
76		-	A PERSON is violating this article 170 or a rule
77		-	promulgated pursuant to this article 170,
78		-	IN ALL MATTERS RELATING TO THE
79		-	EXERCISE AND PERFORMANCE OF THE POWERS AND DUTIES VESTED IN THE
80		-	DIRECTOR
81		-	;
82		-	(h) (I) To petition a district court for an investigative subpoenaapplicable to a person who is not licensed, registered, permitted, or certified
83		-	pursuant to this article 170 to obtain documents or information necessary to
84		-	enforce a provision of this article 170 or a rule promulgated pursuant to this
85		-	article 170 after reasonable efforts have been made to obtain requested
86		-	documents or information without a subpoena;
87		-	(5) (a) THE DIRECTOR MAY APPROVE A FACILITATOR EDUCATION AND
88		-	TRAINING PROGRAM AND ADOPT RULES PURSUANT TO SUBSECTION
89		-	(1)(a) OF
90		-	THIS SECTION
91		-	.
	263	+	PSILOCIN.15
	264	+	SECTION 9. In Colorado Revised Statutes, 44-50-203, amend16
	265	+	(1)(e), (1)(f)(I)(B), and (2)(p) as follows:17
	266	+	44-50-203. State licensing authority - rules. (1) Mandatory18
	267	+	rule-making. Rules promulgated pursuant to section 44-50-202 (1)(b)19
	268	+	must include the following subjects:20
	269	+	(e) Permissible and prohibited financial interests in a license21
	270	+	issued pursuant to this article 50 or a license issued pursuant to article 17022
	271	+	of title 12; except that a person may AN INDIVIDUAL SHALL not have a23
	272	+	financial interest in more than five natural medicine business licenses;24
	273	+	(f) (I) Establishment of a natural medicine independent testing and25
	274	+	certification program for licensees within an implementation time frame26
	275	+	established by the division, requiring licensees to test regulated natural27
	276	+	198
	277	+	-8- medicine and regulated natural medicine product to ensure, at a1
	278	+	minimum, that regulated natural medicine and regulated natural medicine2
	279	+	product transferred for human consumption by persons licensed pursuant3
	280	+	to this article 50 do not contain contaminants that are injurious to health4
	281	+	and to ensure correct labeling, as well as:5
	282	+	(B) Testing procedures and frequency of REQUIREMENTS FOR6
	283	+	regulated natural medicine and regulated natural medicine product by7
	284	+	licensees;8
	285	+	(2) Permissive rule-making. Rules promulgated pursuant to9
	286	+	section 44-50-202 (1)(b) may include, but need not be limited to, the10
	287	+	following subjects:11
	288	+	(p) Requirements for inspections, investigations, searches,12
	289	+	seizures, forfeitures, embargoes, quarantines, recalls,
	290	+	DESTRUCTION, and
	291	+	13
	292	+	such additional activities as may become necessary;14
	293	+	SECTION 10. In Colorado Revised Statutes, 44-50-301, amend15
	294	+	(4) as follows:16
	295	+	44-50-301. Classes of licenses. (4) (a) E
	296	+	XCEPT AS PROVIDED IN17
	297	+	SUBSECTION (4)(b) OF THIS SECTION, a person may
	298	+	SHALL not operate a18
	299	+	license issued pursuant to this article 50 at the same location as a license19
	300	+	or permit issued pursuant to article 3, 4, 5, or 10 of this title 44.20
92	301		(b) A
93		-	PERSON SEEKING APPROVAL OF AN EDUCATION AND TRAINING
94		-	PROGRAM TO PREPARE INDIVIDUALS FOR LICENSURE AS A FACILITATOR
95		-	SHALL APPLY TO THE DIRECTOR AND SUBMIT EVIDENCE THAT THE PROPOSED
96		-	EDUCATION AND TRAINING PROGRAM COMPLIES WITH THIS ARTICLE
97		-	170 AND
98		-	RULES ADOPTED BY THE DIRECTOR PURSUANT TO SUBSECTION
99		-	(1)(a) OF THIS
100		-	SECTION
101		-	.
102		-	(c) T
103		-	O BE APPROVED PURSUANT TO THIS SUBSECTION (5), AN
104		-	EDUCATION AND TRAINING PROGRAM MUST INCLUDE ALL ITEMS REQUIRED
105		-	BY SUBSECTION
106		-	(1)(a)(II)(B) OF THIS SECTION, INCLUDING A CURRICULUM
107		-	AND MATERIALS THAT WILL PROVIDE A BASIC LEVEL OF BOTH KNOWLEDGE
108		-	AND DEMONSTRABLE SKILLS FOR EACH INDIVIDUAL COMPLETING THE
109		-	PROGRAM AND ANY ADDITIONAL CONTENT REQUIRED PURSUANT TO RULES
110		-	PAGE 3-SENATE BILL 24-198 ADOPTED BY THE DIRECTOR PURSUANT TO SUBSECTION (1)(a) OF THIS
111		-	SECTION
112		-	.
113		-	(6) T
114		-	HE DIRECTOR OR THE DIRECTOR'S DESIGNEE MAY INSPECT AND
115		-	SURVEY EACH APPROVED FACILITATOR EDUCATION AND TRAINING PROGRAM
116		-	AT THE DIRECTOR
117		-	'S DISCRETION.
118		-	(7) (a) T
119		-	HE DIVISION SHALL CREATE A PROCESS TO REVIEW THE
120		-	DIRECTOR
121		-	'S DENIAL OF AN EDUCATION AND TRAINING PROGRAM . THE
122		-	PROCESS ESTABLISHED PURSUANT TO THIS SUBSECTION
123		-	(7) MUST REQUIRE
124		-	THE DIRECTOR OR THE DIRECTOR
125		-	'S DESIGNEE, DIVISION COUNSEL, AND THE
126		-	CHAIR OF THE NATURAL MEDICINE ADVISORY BOARD OR THE CHAIR
127		-	'S
128		-	DESIGNEE TO REVIEW APPLICATIONS PRIOR TO A DENIAL BEING ISSUED BY
129		-	THE DIRECTOR
130		-	.
131		-	(b) I
132		-	F THE APPLICANT IS DENIED APPROVAL AFTER THE REVIEW
133		-	PROCESS CREATED PURSUANT TO SUBSECTION
134		-	(7)(a) OF THIS SECTION, THE
135		-	DIRECTOR SHALL DOCUMENT THE GROUNDS FOR DENIAL AND SUBMIT THAT
136		-	DOCUMENTATION TO THE APPLICANT
137		-	.
138		-	(8) T
139		-	HE DIVISION SHALL REGULARLY REVIEW THE NATURAL
140		-	MEDICINE PROGRAM
141		-	, INCLUDING THE APPROVAL PROCESS FOR FACILITATOR
142		-	EDUCATION AND TRAINING PROGRAMS
143		-	. THE DIVISION SHALL INCLUDE THE
144		-	REVIEW IN THE ANNUAL REPORTING REQUIRED IN SUBSECTION
145		-	(1)(j) OF THIS
146		-	SECTION
147		-	.
148		-	SECTION 4. In Colorado Revised Statutes, 18-18-434, amend
149		-	(12)(b)(I)(E) as follows:
150		-	18-18-434. Offenses relating to natural medicine and natural
151		-	medicine product - definitions. (12) As used in this section, unless the
152		-	context otherwise requires:
153		-	(b) (I) "Natural medicine" means the following substances:
154		-	(E) Psilocyn
155		-	PSILOCIN.
156		-	SECTION 5. In Colorado Revised Statutes, 23-64-104, amend
157		-	(1)(p) and (1)(q); and add (1)(r) as follows:
158		-	PAGE 4-SENATE BILL 24-198 23-64-104. Exemptions. (1) The following educational institutions
159		-	and educational services are exempt from this article 64:
160		-	(p) Yoga teacher training courses, programs, and schools; and
161		-	(q) Training of guides, trip leaders, and guide instructors by river
162		-	outfitters licensed pursuant to section 33-32-104;
163		-	AND
164		-	(r) EDUCATION AND TRAINING PROGRAMS APPROVED BY THE
165		-	DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE
166		-	DEPARTMENT OF REGULATORY AGENCIES UNDER ARTICLE
167		-	170 OF TITLE 12.
168		-	SECTION 6. In Colorado Revised Statutes, 25-1.5-120, amend (1),
169		-	(2)(a), (2)(b), and (2)(c) as follows:
170		-	25-1.5-120. Natural medicine testing and standards - rules.
171		-	(1) The department of public health and environment, in coordination with
172		-	the department of revenue, to ensure consistency between rules, shall
173		-	promulgate rules concerning testing standards and
174		-	LABORATORY
175		-	certification requirements of natural medicine and natural medicine product
176		-	regulated by the department of revenue pursuant to article 50 of title 44.
177		-	(2) At a minimum, the rules must:
178		-	(a) Establish natural medicine and natural medicine product
179		-	LABORATORY testing standards and certification
180		-	requirements;
181		-	(b) Establish a natural medicine independent
182		-	LABORATORY testing
183		-	and
184		-	certification program for licensees pursuant to article 50 of title 44,
185		-	within an implementation time frame established by the department of
186		-	revenue, requiring licensees to test natural medicine and natural medicine
187		-	product to ensure, at a minimum, that products transferred for human
188		-	consumption by natural
189		-	persons or entities licensed pursuant to article 50 of
190		-	title 44 do not contain contaminants that are injurious to health and to
191		-	ensure correct labeling;
192		-	(c) Establish procedures that ensure natural medicine and natural
193		-	medicine product are quarantined and REQUIRE notification procedures TO
194		-	THE STATE LICENSING AUTHORITY
195		-	if test results indicate the presence of
196		-	quantities of any substance determined to be injurious to health;
197		-	PAGE 5-SENATE BILL 24-198 SECTION 7. In Colorado Revised Statutes, 25-56-104.5, add (6)
198		-	as follows:
199		-	25-56-104.5. Prohibition on discrimination for organ transplants
200		-	based solely on natural medicine consumption - applicability -
201		-	definitions. (6) A
202		-	S USED IN THIS SECTION:
203		-	(a) "N
204		-	ATURAL MEDICINE" HAS THE SAME MEANING AS SET FORTH IN
205		-	SECTION
206		-	44-50-103 (13).
207		-	(b) "N
208		-	ATURAL MEDICINE PRODUCT" HAS THE SAME MEANING AS SET
209		-	FORTH IN SECTION
210		-	44-50-103 (15).
211		-	SECTION 8. In Colorado Revised Statutes, 44-50-103, amend (3),
212		-	(4), (5), (6), and (13)(a)(II) as follows:
213		-	44-50-103. Definitions. As used in this article 50, unless the context
214		-	otherwise requires:
215		-	(3) "Director" means the director of the
216		-	NATURAL MEDICINE division
217		-	of professions and occupations
218		-	or the director's designee.
219		-	(4) "Division" means the
220		-	NATURAL MEDICINE division of professions
221		-	and occupations created in the department. pursuant to section 12-20-103.
222		-	(5) "Facilitator" means a natural person who is twenty-one years of
223		-	age or older, has the necessary qualifications, training, experience, and
224		-	knowledge to perform and supervise natural medicine services for a
225		-	participant, and is licensed
226		-	TO ENGAGE IN THE PRACTICE OF FACILITATION
227		-	by the director to engage in the practice of facilitation
228		-	OF THE DIVISION OF
229		-	PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF REGULATORY
230		-	AGENCIES PURSUANT TO ARTICLE
231		-	170 OF TITLE 12.
232		-	(6) "Healing center" means a facility where an entity is licensed by
233		-	the state licensing authority
234		-	PURSUANT TO THIS ARTICLE 50 that permits a
235		-	facilitator to provide and supervise natural medicine services for a
236		-	participant.
237		-	(13) (a) "Natural medicine" means the following substances:
238		-	PAGE 6-SENATE BILL 24-198 (II) Psilocyn PSILOCIN.
239		-	SECTION 9. In Colorado Revised Statutes, 44-50-203, amend
240		-	(1)(e), (1)(f)(I)(B), and (2)(p) as follows:
241		-	44-50-203. State licensing authority - rules. (1) Mandatory
242		-	rule-making. Rules promulgated pursuant to section 44-50-202 (1)(b) must
243		-	include the following subjects:
244		-	(e) Permissible and prohibited financial interests in a license issued
245		-	pursuant to this article 50 or a license issued pursuant to article 170 of title
246		-	12; except that a person may
247		-	AN INDIVIDUAL SHALL not have a financial
248		-	interest in more than five natural medicine business licenses;
249		-	(f) (I) Establishment of a natural medicine independent testing and
250		-	certification program for licensees within an implementation time frame
251		-	established by the division, requiring licensees to test regulated natural
252		-	medicine and regulated natural medicine product to ensure, at a minimum,
253		-	that regulated natural medicine and regulated natural medicine product
254		-	transferred for human consumption by persons licensed pursuant to this
255		-	article 50 do not contain contaminants that are injurious to health and to
256		-	ensure correct labeling, as well as:
257		-	(B) Testing procedures and frequency of
258		-	REQUIREMENTS FOR
259		-	regulated natural medicine and regulated natural medicine product by
260		-	licensees;
261		-	(2) Permissive rule-making. Rules promulgated pursuant to section
262		-	44-50-202 (1)(b) may include, but need not be limited to, the following
263		-	subjects:
264		-	(p) Requirements for inspections, investigations, searches, seizures,
265		-	forfeitures, embargoes, quarantines, recalls,
266		-	DESTRUCTION, and such
267		-	additional activities as may become necessary;
268		-	SECTION 10. In Colorado Revised Statutes, 44-50-301, amend (4)
269		-	as follows:
270		-	44-50-301. Classes of licenses. (4) (a) E
271		-	XCEPT AS PROVIDED IN
272		-	SUBSECTION
273		-	(4)(b) OF THIS SECTION, a person may
274		-	SHALL not operate a
275		-	PAGE 7-SENATE BILL 24-198 license issued pursuant to this article 50 at the same location as a license or
276		-	permit issued pursuant to article 3, 4, 5, or 10 of this title 44.
277		-	(b) A
278		-	PERSON MAY OPERATE A NATURAL MEDICINE TESTING FACILITY
279		-	LICENSE ISSUED PURSUANT TO SECTION
280		-	44-50-404 AT THE SAME LOCATION
281		-	AS A REGULATED MARIJUANA TESTING FACILITY LICENSE ISSUED PURSUANT
282		-	TO ARTICLE
283		-	10 OF THIS TITLE 44.
284		-	SECTION 11. In Colorado Revised Statutes, 44-50-401, amend (2)
285		-	as follows:
286		-	44-50-401. Natural medicine healing center license - rules. (2) A
287		-	natural medicine healing center licensee may transfer regulated natural
288		-	medicine or regulated natural medicine product to another natural medicine
289		-	healing center licensee
290		-	OR A FACILITATOR pursuant to rules promulgated by
291		-	the state licensing authority.
292		-	SECTION 12. In Colorado Revised Statutes, 44-50-402, amend (1)
293		-	as follows:
294		-	44-50-402. Natural medicine cultivation facility license. (1) A
	302	+	PERSON MAY OPERATE A NATURAL MEDICINE TESTING21
	303	+	FACILITY LICENSE ISSUED PURSUANT TO SECTION 44-50-404 AT THE SAME22
	304	+	LOCATION AS A REGULATED MARIJUANA TESTING FACILITY LICENSE ISSUED23
	305	+	PURSUANT TO ARTICLE 10 OF THIS TITLE 44.24
	306	+	SECTION 11. In Colorado Revised Statutes, 44-50-401, amend25
	307	+	(2) as follows:26
	308	+	44-50-401. Natural medicine healing center license - rules.27
	309	+	198
	310	+	-9- (2) A natural medicine healing center licensee may transfer regulated1
	311	+	natural medicine or regulated natural medicine product to another natural2
	312	+	medicine healing center licensee
	313	+	OR A FACILITATOR pursuant to rules3
	314	+	promulgated by the state licensing authority.4
	315	+	SECTION 12. In Colorado Revised Statutes, 44-50-402, amend5
	316	+	(1) as follows:6
	317	+	44-50-402. Natural medicine cultivation facility license. (1) A7
295	318		natural medicine cultivation facility license may be issued
296		-	PURSUANT TO
297		-	STATE LICENSING AUTHORITY RULES AND
298		-	only to a person who cultivates
299		-	regulated natural medicine for transfer and distribution to natural medicine
300		-	healing center licensees, natural medicine product manufacturer licensees,
301		-	or
302		-	other natural medicine cultivation facility licensees, OR OTHER PERSONS
303		-	LICENSED UNDER ARTICLE
304		-	170 OF TITLE 12 OR THIS ARTICLE 50.
305		-	SECTION 13. In Colorado Revised Statutes, 44-50-403, add (3) as
306		-	follows:
307		-	44-50-403. Natural medicine product manufacturer license.
	319	+	PURSUANT TO8
	320	+	STATE LICENSING AUTHORITY RULES AND only to a person who cultivates9
	321	+	regulated natural medicine for transfer and distribution to natural10
	322	+	medicine healing center licensees, natural medicine product manufacturer11
	323	+	licensees, or
	324	+	other natural medicine cultivation facility licensees, OR12
	325	+	OTHER PERSONS LICENSED UNDER ARTICLE 170 OF TITLE 12 OR THIS13
	326	+	ARTICLE 50.14
	327	+	SECTION 13. In Colorado Revised Statutes, 44-50-403, add (3)15
	328	+	as follows:16
	329	+	44-50-403. Natural medicine product manufacturer license.17
308	330		(3) P
309		-	URSUANT TO RULES PROMULGATED BY THE STATE LICENSING
310		-	AUTHORITY
311		-	, A NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE MAY
312		-	TRANSFER AND DISTRIBUTE REGULATED NATURAL MEDICINE AND A
313		-	REGULATED NATURAL MEDICINE PRODUCT TO ANOTHER PERSON LICENSED
314		-	UNDER ARTICLE
315		-	170 OF TITLE 12 OR ANOTHER PERSON LICENSED UNDER THIS
316		-	ARTICLE
317		-	50.
318		-	SECTION 14. Safety clause. The general assembly finds,
319		-	PAGE 8-SENATE BILL 24-198 determines, and declares that this act is necessary for the immediate
320		-	preservation of the public peace, health, or safety or for appropriations for
321		-	the support and maintenance of the departments of the state and state
322		-	institutions.
323		-	____________________________ ____________________________
324		-	Steve Fenberg
325		-	Julie McCluskie
326		-	PRESIDENT OF SPEAKER OF THE HOUSE
327		-	THE SENATE OF REPRESENTATIVES
328		-	____________________________ ____________________________
329		-	Cindi L. Markwell Robin Jones
330		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
331		-	THE SENATE OF REPRESENTATIVES
332		-	APPROVED________________________________________
333		-	(Date and Time)
334		-	_________________________________________
335		-	Jared S. Polis
336		-	GOVERNOR OF THE STATE OF COLORADO
337		-	PAGE 9-SENATE BILL 24-198
	331	+	URSUANT TO RULES PROMULGATED BY THE STATE LICENSING18
	332	+	AUTHORITY, A NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE19
	333	+	MAY TRANSFER AND DISTRIBUTE REGULATED NATURAL MEDICINE AND A20
	334	+	REGULATED NATURAL MEDICINE PRODUCT TO ANOTHER PERSON LICENSED21
	335	+	UNDER ARTICLE 170 OF TITLE 12 OR ANOTHER PERSON LICENSED UNDER22
	336	+	THIS ARTICLE 50.23
	337	+	SECTION 14. Safety clause. The general assembly finds,24
	338	+	determines, and declares that this act is necessary for the immediate25
	339	+	preservation of the public peace, health, or safety or for appropriations for26
	340	+	198
	341	+	-10- the support and maintenance of the departments of the state and state1
	342	+	institutions.2
	343	+	198
	344	+	-11-