First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-1014.01 Christopher McMichael x4775
SENATE BILL 25-297
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE IMPLEMENTATION OF COLORADO'S NATURAL101
MEDICINE INITIATIVE, AND, IN CONNECTION THEREWITH ,102
REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND103
ENVIRONMENT TO COLLECT DAT A AND INFORMATION RELATED104
TO THE HEALTH EFFECTS AND OTHER IMPACTS OF THE USE OF105
NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS .106
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill directs the Colorado department of public health and
SENATE SPONSORSHIP
Ball,
HOUSE SPONSORSHIP
Feret,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. environment (CDPHE), in coordination with the department of revenue
(DOR) and the department of regulatory agencies (DORA), to collect
information and data related to the use of natural medicine and natural
medicine products, including data on the following topics:
! Law enforcement incidents involving the use of natural
medicine and natural medicine products;
! Adverse health events involving the use of natural
medicine and natural medicine products;
! Impacts on health-care facilities, hospitals, and health-care
systems related to the use of natural medicine and natural
medicine products;
! Consumer protection claims related to natural medicine and
natural medicine products; and
! Behavioral health impacts related to the use of natural
medicine and natural medicine products.
Subject to available appropriations, CDPHE shall also collect
relevant data and information related to the use of natural medicine from
facilitators and healing centers. CDPHE is required to create and maintain
a database of the information collected. CDPHE is prohibited from
sharing the information and data collected, except in certain instances,
such as sharing the information with agencies and departments for their
regulatory purposes, and only to the extent the information is necessary
for those purposes.
The operation and maintenance of the database is scheduled to
repeal after 5 years. CDPHE may accept gifts, grants, and donations
related to the collection of the data and information, but only from private
or public sources that do not have a financial interest in the outcomes of
the data collection.
The bill clarifies certain statutory provisions related to the issuance
of owner licenses and employee licenses for natural medicine businesses.
In existing statute, an applicant for an owner license or an employee
license must submit to a fingerprint-based criminal history background
check. The bill removes the fingerprinting requirement, but requires an
applicant for a license to complete a name-based judicial record check.
The bill requires the state licensing authority to adopt rules related
to product labels for regulated natural medicine and regulated natural
medicine products and permits the state licensing authority to adopt rules
regarding the types of regulated natural medicine products that can be
manufactured.
The bill permits the governor to grant pardons to a class of
defendants who were convicted of the possession of natural medicine.
Be it enacted by the General Assembly of the State of Colorado:1
SB25-297-2- SECTION 1. In Colorado Revised Statutes, add 25-1.5-120.5 as1
follows:2
25-1.5-120.5. Natural medicine health effects - data collection3
- pilot data collection study - report - rules - definitions - repeal.4
(1) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT5
OTHERWISE REQUIRES:6
(a) "H
EALTH-CARE FACILITY" HAS THE MEANING SET FORTH IN7
SECTION 44-50-103 (7).8
(b) "N
ATURAL MEDICINE" HAS THE MEANING SET FORTH IN9
SECTION 44-50-103 (13).10
(c) "N
ATURAL MEDICINE PRODUCT" HAS THE MEANING SET FORTH11
IN SECTION 44-50-103 (15).12
(d) "R
EGULATED NATURAL MEDICINE " HAS THE MEANING SET13
FORTH IN SECTION 44-50-103 (21).14
(e) "R
EGULATED NATURAL MEDICINE PRODUCT " HAS THE MEANING15
SET FORTH IN SECTION 44-50-103 (22).16
(f) "S
TATE LICENSING AUTHORITY" HAS THE MEANING SET FORTH17
IN SECTION 44-50-103 (24).18
(2) Health effects of natural medicine data collection - report.19
(a) T
HE DEPARTMENT, IN COORDINATION WITH OTHER RELEVANT STATE20
DEPARTMENTS, INCLUDING THE DEPARTMENT OF REVENUE , CREATED IN21
SECTION 24-1-117, AND THE DEPARTMENT OF REGULATORY AGENCIES ,22
CREATED IN SECTION 24-1-122, SHALL REQUEST AND COLLECT READILY23
AVAILABLE AND RELEVANT DATA AND INFORMATION RELATED TO THE USE24
OF NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS , INCLUDING25
DATA AND INFORMATION CONCERNING :26
(I) L
AW ENFORCEMENT INCIDENTS INVOLVING THE USE OF27
SB25-297
-3- NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS ;1
(II) A
DVERSE HEALTH EVENTS INVOLVING THE USE OF NATURAL2
MEDICINE AND NATURAL MEDICINE PRODUCTS ;3
(III) I
MPACTS ON HEALTH -CARE FACILITIES, HOSPITALS, AND4
HEALTH-CARE SYSTEMS ARISING FROM INCIDENTS RELATED TO THE USE OF5
NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS ;6
(IV) C
ONSUMER PROTECTION CLAIMS RELATED TO NATURAL7
MEDICINE AND NATURAL MEDICINE PRODUCTS ; AND8
(V) B
EHAVIORAL HEALTH IMPACTS RELATED TO THE USE OF9
NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS .10
(b) T
HE DEPARTMENT, IN COORDINATION WITH OTHER RELEVANT11
STATE DEPARTMENTS, SHALL REQUEST AND COLLECT AVAILABLE AND12
RELEVANT DATA AND INFORMATION RELATED TO THE HEALTH EFFECTS OF13
THE USE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCTS FROM14
SOURCES THAT MAY INCLUDE :15
(I) A
LL-PAYER CLAIMS DATA;16
(II) H
OSPITAL DISCHARGE DATA;17
(III) P
EER-REVIEWED RESEARCH STUDIES ; AND18
(IV) O
THER SOURCES AS DETERMINED BY THE DEPARTMENT .19
(c) (I) T
HE DEPARTMENT SHALL PROVIDE RELEVANT DATA AND20
INFORMATION COLLECTED PURSUANT SUBSECTIONS (2)(a) AND (2)(b) OF21
THIS SECTION TO THE DEPARTMENT OF REVENUE FOR USE IN THE22
DEPARTMENT OF REVENUE 'S ANNUAL REPORT REQUIRED PURSUANT TO23
SECTION 44-50-202 (1)(g).24
(II) T
HE DEPARTMENT SHALL ENSURE THAT THE DATA AND25
INFORMATION COLLECTED BY THE DEPARTMENT PURSUANT TO26
SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION IS DE-IDENTIFIED AND27
SB25-297
-4- DOES NOT INCLUDE AN INDIVIDUAL 'S NAME, ADDRESS, CONTACT1
INFORMATION, OR OTHER PERSONAL IDENTIFYING INFORMATION .2
(d) T
HE COLLECTION OF DATA AND INFORMATION RELATED TO THE3
USE OF NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS IN4
ACCORDANCE WITH THIS SUBSECTION (2) IS SUBJECT TO AVAILABLE5
APPROPRIATIONS BY THE GENERAL ASSEMBLY OR GIFTS , GRANTS, AND6
DONATIONS ACCEPTED BY THE DEPARTMENT PURSUANT TO SUBSECTION7
(5)
OF THIS SECTION. IF THERE IS NOT SUFFICIENT FUNDING TO FINANCE8
THE COLLECTION OF DATA AND INFORMATION , THE DEPARTMENT IS NOT9
REQUIRED TO COLLECT THE DATA AND INFORMATION PURSUANT TO THIS10
SUBSECTION (2) UNTIL SUFFICIENT FUNDING BECOMES AVAILABLE TO THE11
DEPARTMENT.12
(3) Pilot data collection program. (a) T
HE DEPARTMENT SHALL13
CREATE AND MAINTAIN A DATABASE BASED ON THE DATA AND14
INFORMATION COLLECTED PURSUANT TO SECTIONS 12-170-108 (5) AND15
44-50-401
(6) RELATED TO THE USE OF REGULATED NATURAL MEDICINE16
AND REGULATED NATURAL MEDICINE PRODUCTS .17
(b) (I) T
HE DEPARTMENT SHALL ENSURE THAT THE DATA AND18
INFORMATION COLLECTED BY THE DEPARTMENT AND MAINTAINED IN THE19
DATABASE IS DE-IDENTIFIED AND DOES NOT INCLUDE AN INDIVIDUAL 'S20
NAME, ADDRESS, CONTACT INFORMATION , OR OTHER PERSONAL21
IDENTIFYING INFORMATION.22
(II) T
HE DATA AND INFORMATION MAINTAINED IN THE DATABASE23
IS:24
(A) P
ROPRIETARY AND CONTAINS TRADE SECRETS ;25
(B) C
ONFIDENTIAL;26
(C) N
OT SUBJECT TO THE "COLORADO OPEN RECORDS ACT", PART27
SB25-297
-5- 2 OF ARTICLE 72 OF TITLE 24;1
(D) N
OT SUBJECT TO SUBPOENA OR DISCOVERY AND IS NOT2
ADMISSIBLE AS EVIDENCE IN ANY PRIVATE CIVIL ACTION ; AND3
(E) N
OT TO BE RELEASED, DISCLOSED, OR MADE PUBLIC, EXCEPT4
AS PROVIDED BY SUBSECTION (3)(c) OF THIS SECTION.5
(c) T
HE DEPARTMENT MAY RELEASE OR DISCLOSE THE DATA AND6
INFORMATION CONTAINED IN THE DATABASE ONLY :7
(I) F
OR RESEARCH OR OTHER EMPIRICAL STUDIES, AS APPROVED BY8
THE DEPARTMENT;9
(II) F
OR CONDUCTING SURVEYS OR INVESTIGATIVE ACTIVITIES AS10
PART OF A PUBLIC HEALTH PROGRAM TO TRACK HEALTH EFFECTS OF11
REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE12
PRODUCTS; OR13
(III) F
OR CONDUCTING REGULATORY DUTIES OF THE STATE14
LICENSING AUTHORITY OR ASSISTING OTHER STATE AGENCIES IN15
CONDUCTING THEIR REGULATORY DUTIES , INCLUDING REPORTING ON16
SERVICES, PARTICIPANT MOTIVATIONS, DEMOGRAPHICS, AND OUTCOMES17
RELATED TO THE NATURAL MEDICINE PROGRAM .18
(d) I
F THE DEPARTMENT RELEASES THE DATA AND INFORMATION19
IN THE DATABASE IN ACCORDANCE WITH SUBSECTION (3)(c) OF THIS20
SECTION, THE DEPARTMENT SHALL LIMIT THE RELEASE TO THE MINIMUM21
AMOUNT OF INFORMATION NECESSARY FOR THE PURPOSES OF THE RELEASE22
AND MUST NOT INCLUDE AN INDIVIDUAL 'S NAME, ADDRESS, CONTACT23
INFORMATION, OR OTHER PERSONAL IDENTIFYING INFORMATION .24
(e) T
HE CREATION AND MAINTE NANCE OF THE DATABASE IN25
ACCORDANCE WITH THIS SUBSECTION (3) IS SUBJECT TO AVAILABLE26
APPROPRIATIONS BY THE GENERAL ASSEMBLY OR GIFTS , GRANTS, AND27
SB25-297
-6- DONATIONS ACCEPTED BY THE DEPARTMENT PURSUANT TO SUBSECTION1
(5)
OF THIS SECTION. IF THERE IS NOT SUFFICIENT FUNDING TO FINANCE2
THE OPERATION OR MAINTENANCE OF THE DATABASE , THE DEPARTMENT3
IS NOT REQUIRED TO OPERATE OR MAINTAIN THE DATABASE UNTIL4
SUFFICIENT FUNDING BECOMES AVAILABLE TO THE DEPARTMENT .5
(4) T
HE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT6
OF REVENUE, CREATED IN SECTION 24-1-117, AND THE DEPARTMENT OF7
REGULATORY AGENCIES , CREATED IN SECTION 24-1-122, SHALL8
DETERMINE THE FORM, FORMAT, AND TIMING OF THE COLLECTION AND9
REPORTING OF DATA AND INFORMATION IN ACCORDANCE WITH THIS10
SECTION AND SECTIONS 12-170-108 (5) AND 44-50-401 (6).11
(5) (a) E
XCEPT AS PROVIDED IN SUBSECTION (5)(b) OF THIS12
SECTION, THE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,13
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE14
PURPOSES OF THIS SECTION.15
(b) T
HE DEPARTMENT SHALL NOT SEEK , ACCEPT, OR EXPEND ANY16
GIFTS, GRANTS, OR DONATIONS TO BE USED FOR THE PURPOSES OF THIS17
SECTION FROM A PRIVATE OR PUBLIC SOURCE THAT IS A LICENSEE , AS18
DEFINED IN SECTION 44-50-103 (11), OR ANY OTHER PERSON WITH A19
FINANCIAL INTEREST RELATED TO THE DATA AND INFORMATION20
COLLECTED PURSUANT TO THIS SECTION .21
(6) (a) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2030.22
(b) P
RIOR TO THE REPEAL OF THIS SECTION, THE DEPARTMENT, IN23
CONSULTATION WITH THE NATURAL MEDICINE ADVISORY BOARD , CREATED24
IN SECTION 12-170-106; THE DEPARTMENT OF REVENUE , CREATED IN25
SECTION 24-1-117; AND THE DEPARTMENT OF REGULATORY AGENCIES ,26
CREATED IN SECTION 24-1-122, SHALL CONDUCT A REVIEW TO DETERMINE27
SB25-297
-7- WHETHER ONGOING APPROPRIATIONS ARE NECESSARY AND AVAILABLE TO1
FULFILL THE PURPOSES OF THIS SECTION.2
(c) A
FTER CONDUCTING THE REVIEW PURS UANT TO SUBSECTION3
(6)(b)
OF THIS SECTION, THE DEPARTMENT SHALL INFORM THE GENERAL4
ASSEMBLY OF THE DECISION MADE BY THE DEPARTMENT REGARDING THE5
CONTINUATION OF AND FUNDING AVAILABLE FOR THE PURPOSES OF THIS6
SECTION.7
SECTION 2. In Colorado Revised Statutes, 12-170-108, add (5)8
as follows:9
12-170-108. License required - unauthorized practice -10
mandatory disclosure of information - data collection - rules.11
(5) (a) O
N AND AFTER JULY 1, 2026, A FACILITATOR SHALL PROVIDE THE12
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , CREATED IN SECTION13
25-1-102,
WITH DE-IDENTIFIED DATA AND INFORMATION RELATED TO THE14
USE OF REGULATED NATURAL MEDICINE AND REGULATED NATURAL15
MEDICINE PRODUCTS.16
(b) T
HE DIRECTOR, IN CONJUNCTION WITH THE DEPARTMENT OF17
PUBLIC HEALTH AND ENVIRONMENT , SHALL ADOPT RULES REGARDING THE18
DATA AND INFORMATION PROVIDED BY FACILITATORS IN ACCORDANCE19
WITH THIS SUBSECTION (5), WHICH DATA AND INFORMATION MUST20
INCLUDE:21
(I) H
EALTH OUTCOME DATA;22
(II) D
EMOGRAPHIC INFORMATION ;23
(III) I
NDIVIDUAL-LEVEL DATA RELATING TO THE OUTCOME OF A24
PARTICIPANT'S ADMINISTRATION SESSION;25
(IV) I
NFORMATION ABOUT NATURAL MEDICINE SERVICES ;26
(V) I
NFORMATION PROVIDED BY A PARTICIPANT PRIOR TO AND27
SB25-297
-8- FOLLOWING THE PARTICIPANT'S ADMINISTRATION SESSION; AND1
(VI) O
THER DATA AND INFORMATION AS DETERMINED BY THE2
DIRECTOR.3
(c) A
FACILITATOR SHALL DE -IDENTIFY THE DATA AND4
INFORMATION PROVIDED TO THE DEPARTMENT OF PUBLIC HEALTH AND5
ENVIRONMENT, INCLUDING THE REMOVAL OR REDACTION OF ALL6
PERSONAL IDENTIFYING INFORMATION OF AN INDIVIDUAL , INCLUDING THE7
INDIVIDUAL'S NAME, ADDRESS, AND CONTACT INFORMATION .8
(d) T
HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN9
CONSULTATION WITH THE DIRECTOR , SHALL DETERMINE THE FORM ,10
FORMAT, AND TIMING FOR REPORTING THE DATA AND INFORMATION11
COLLECTED BY FACILITATORS IN ACCORDANCE WITH THIS SUBSECTION (5).12
(e) T
HE REQUIREMENTS OF THIS SUBSECTION (5) ARE SUBJECT TO13
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT RECEIVING14
SUFFICIENT FUNDING FOR THE PILOT DATA COLLECTION PROGRAM15
ESTABLISHED IN SECTION 25-1.5-120.5 (3)(e). IF THERE IS NOT SUFFICIENT16
FUNDING AVAILABLE TO FINANCE THE PILOT DATA COLLECTION PROGRAM ,17
A FACILITATOR IS NOT REQUIRED TO PROVIDE INFORMATION TO THE18
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE DIRECTOR19
IS NOT REQUIRED TO ADOPT RULES IN ACCORDANCE WITH THIS SUBSECTION20
(5).21
SECTION 3. In Colorado Revised Statutes, 44-50-202, amend22
(1)(g); and repeal (7) as follows:23
44-50-202. Powers and duties of state licensing authority -24
report - rules. (1) The state licensing authority shall:25
(g) In coordination with the division of professions and26
occupations within the department of regulatory agencies pursuant to27
SB25-297
-9- section 12-170-105 (1)(j) AND THE DEPARTMENT OF PUBLIC HEALTH AND1
ENVIRONMENT PURSUANT TO SECTION 25-1.5-120.5, annually publish a2
publicly available report concerning the implementation,
OUTCOMES, and3
administration of this article 50, and
article 170 of title 12, AND SECTION4
25-1.5-120.5. The report must use relevant data, as determined by the5
state licensing authority, and the director, AND THE EXECUTIVE DIRECTOR6
OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , and must not7
disclose the identity of any participant or include any information that8
could disclose the identity of a participant.9
(7) The state licensing authority, in coordination with other10
relevant agencies, shall request available and relevant data concerning11
law enforcement incidences, adverse health events, impacts to health-care12
systems, consumer protection claims, and behavioral health impacts13
related to natural medicine, natural medicine product, and natural14
medicine businesses. The state licensing authority shall include the15
available and relevant data in the report required pursuant to subsection16
(1)(g) of this section.17
SECTION 4. In Colorado Revised Statutes, 44-50-203, amend18
(1) introductory portion, (1)(n), (2) introductory portion, (2)(d), (2)(q),19
(2)(r), and (4); and add (1)(o) and (2)(s) as follows:20
44-50-203. State licensing authority - rules. (1) Mandatory21
rule-making. Rules promulgated ADOPTED pursuant to section 44-50-20222
(1)(b) must include the following subjects:23
(n) Standards for qualification as a licensee, including24
environmental, social, and governance criteria directed to the findings and25
declarations set forth in section 12-170-102;
AND26
(o) R
EQUIREMENTS FOR CLEAR AND EASILY UNDERSTANDABLE27
SB25-297
-10- REGULATED NATURAL MEDICINE LABELS AND REGULATED NATURAL1
MEDICINE PRODUCT LABELS , WHICH LABELING REQUIREMENTS MUST2
INCLUDE:3
(I) A
PROHIBITION ON LABELS THAT ARE ATTRACTIVE TO4
INDIVIDUALS UNDER TWENTY -ONE YEARS OF AGE;5
(II) A
PROHIBITION ON THE USE OF COLORS , PICTURES, AND6
CARTOON IMAGES ON THE LABEL ;7
(III) A
PROHIBITION ON THE USE OF THE WORD "CANDY" OR8
"
CANDIES" ON THE LABEL; AND9
(IV) A
PROHIBITION ON A LABEL THAT IS LIKELY TO CAUSE10
CONFUSION AS TO WHETHER THE REGULATED NATURAL MEDICINE OR11
REGULATED NATURAL MEDICINE PRODUCT IS A TRADEMARKED FOOD12
PRODUCT.13
(2) Permissive rule-making. Rules promulgated
ADOPTED14
pursuant to section 44-50-202 (1)(b) may include, but need not be limited15
to, the following subjects:16
(d) Requirements and restrictions on different types of regulated17
natural medicine or regulated natural medicine product,
INCLUDING:18
(I) R
EQUIRING LICENSED NATURAL MEDICINE PRODUCT19
MANUFACTURERS TO SUBMIT A PRODUCT REGISTRATION FORM , WHICH20
INCLUDES A FULL LIST OF INGREDIENTS USED IN THE MANUFACTURER 'S21
NATURAL MEDICINE PRODUCT ;22
(II) P
ROHIBITING A REGULATED NATURAL MEDICINE PRODUCT23
THAT IS LIKELY TO CREATE CONFUSION FOR CONSUMERS AS TO WHETHER24
THE PRODUCT IS A TRADEMARKED FOOD PRODUCT ; AND25
(III) P
ROHIBITING REGULATED NATURAL MEDICINE PRODUCTS26
THAT ARE ATTRACTIVE TO INDIVIDUALS UNDER TWENTY -ONE YEARS OF27
SB25-297
-11- AGE;1
(q) Prohibition of misrepresentation and unfair practices; and2
(r) Such other matters as are necessary for the fair, impartial,3
stringent, and comprehensive administration of this article 50;
AND4
(s) R
EQUIREMENTS THAT HEALING CENTERS COLLECT DATA AND5
INFORMATION RELATED TO REGULATED NATURAL MEDICINE SERVICES AND6
PROVIDE THE DATA AND INFORMATION TO THE DEPARTMENT OF PUBLIC7
HEALTH AND ENVIRONMENT IN ACCORDANCE WITH SECTION 44-50-401 (6),8
WHICH DATA AND INFORMATION MUST INCLUDE :9
(I) D
EMOGRAPHIC INFORMATION OF INDIVIDUALS WHO USE10
REGULATED NATURAL MEDICINE SERVICES ;11
(II) O
UTCOME DATA RELATED TO AN INDIVIDUAL 'S PARTICIPATION12
IN REGULATED NATURAL MEDICINE SERVICES ; AND13
(III) O
THER INFORMATION AS DETERMINED BY THE STATE14
LICENSING AUTHORITY IN CONSULTATION WITH THE DEPARTMENT OF15
PUBLIC HEALTH AND ENVIRONMENT .16
(4) (a) The state licensing authority may, by rule, establish17
procedures for the
INITIAL APPLICATION AND conditional issuance of an18
employee license identification card
AND AN OWNER LICENSE at the time19
of application.20
(b) (I) The state licensing authority shall base its issuance of an21
employee license identification card OR AN OWNER LICENSE pursuant to22
this subsection (4) on the results of an initial investigation that23
demonstrates the applicant is qualified to hold a license. The employee24
license application
OR THE OWNER LICENSE APPLICATION for which an25
employee license identification card
OR AN OWNER LICENSE was issued26
pursuant to this subsection (4) remains subject to denial pending the27
SB25-297
-12- complete results of the applicant's initial fingerprint-based criminal1
history NAME-BASED JUDICIAL record check.2
(II) Results of a fingerprint-based criminal history NAME-BASED3
JUDICIAL record check that demonstrate that an applicant possessing an4
employee license identification card OR AN OWNER LICENSE pursuant to5
this subsection (4) is not qualified to hold a license issued pursuant to this6
article 50 are grounds for denial of the employee license application
OR7
THE OWNER LICENSE APPLICATION. If the employee license application OR8
THE OWNER LICENSE APPLICATION is denied, the applicant shall return the9
employee license identification card
OR THE OWNER LICENSE to the state10
licensing authority within a time period that the state licensing authority11
establishes by rule.12
(III) The state licensing authority shall require the applicant to13
have the applicant's fingerprints taken by a local law enforcement agency14
or a third party approved by the Colorado bureau of investigation. If an15
approved third party takes the applicant's fingerprints, the fingerprints16
may be electronically captured using the Colorado bureau of17
investigation's approved livescan equipment. A third party shall not keep18
the applicant information for more than thirty days unless requested by19
the applicant. The state licensing authority shall send the applicant's20
fingerprints to the Colorado bureau of investigation for the purpose of21
fingerprint processing by utilizing the files and records of the Colorado22
bureau of investigation and the federal bureau of investigation.23
SECTION 5. In Colorado Revised Statutes, 44-50-401, amend24
(1); and add (6) as follows:25
44-50-401. Natural medicine healing center license - data26
collection - rules. (1) A natural medicine healing center license may be27
SB25-297
-13- issued only to a person that employs or contracts MUST BE OWNED BY,1
EMPLOY, OR CONTRACT with a facilitator who provides natural medicine2
services pursuant to the terms and conditions of article 170 of title 12.3
(6) (a) I
N ACCORDANCE WITH THE RULES ADOPTED BY THE STATE4
LICENSING AUTHORITY PURSUANT TO SECTION 44-50-203 (2)(s), ON AND5
AFTER JULY 1, 2026, A HEALING CENTER LICENSEE SHALL PROVIDE THE6
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , CREATED IN SECTION7
25-1-102,
WITH DE-IDENTIFIED DATA AND INFORMATION RELATED TO THE8
USE OF REGULATED NATURAL MEDICINE SERVICES IN ACCORDANCE WITH9
SECTION 44-50-203 (2)(s).10
(b) A
HEALING CENTER LICENSEE SHALL DE -IDENTIFY THE DATA11
AND INFORMATION PROVIDED TO THE DEPARTMENT OF PUBLIC HEALTH12
AND ENVIRONMENT, INCLUDING THE REMOVAL OR REDACTION OF ALL13
PERSONAL IDENTIFYING INFORMATION OF AN INDIVIDUAL , INCLUDING THE14
INDIVIDUAL'S NAME, ADDRESS, AND CONTACT INFORMATION .15
(c) T
HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN16
CONSULTATION WITH THE STATE LICENSING AUTHORITY , SHALL17
DETERMINE THE FORM, FORMAT, AND TIMING FOR REPORTING THE DATA18
AND INFORMATION COLLECTED BY HEALING CENTERS IN ACCORDANCE19
WITH THIS SUBSECTION (6).20
(d) T
HE REQUIREMENTS OF THIS SUBSECTION (6) ARE SUBJECT TO21
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT RECEIVING22
SUFFICIENT FUNDING FOR THE PILOT DATA COLLECTION PROGRAM23
ESTABLISHED IN SECTION 25-1.5-120.5 (3)(e). IF THERE IS NOT SUFFICIENT24
FUNDING AVAILABLE TO FINANCE THE PILOT DATA COLLECTION PROGRAM ,25
A HEALING CENTER IS NOT REQUIRED TO PROVIDE INFORMATION TO THE26
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE STATE27
SB25-297
-14- LICENSING AUTHORITY IS NOT REQUIRED TO ADOPT RULES IN ACCORDANCE1
WITH SECTION 44-50-203 (2)(s) TO FACILITATE THE PURPOSES OF THIS2
SECTION.3
SECTION 6. In Colorado Revised Statutes, 44-50-601, amend4
(2) and (3)(c) as follows:5
44-50-601. Regulated natural medicine cash fund - created -6
rules - fees. (2) The executive director STATE LICENSING AUTHORITY by7
rule or as otherwise provided by law may reduce the amount of one or8
more of the fees if necessary pursuant to section 24-75-402 (3) to reduce9
the uncommitted reserves of the fund to which all or any portion of one10
or more of the fees is credited. After the uncommitted reserves of the11
fund are sufficiently reduced, the executive director STATE LICENSING12
AUTHORITY by rule or as otherwise provided by law may increase the13
amount of one or more of the fees as provided in section 24-75-402 (4).14
(3) (c) The state licensing authority may charge applicants15
licensed pursuant to this article 50 a fee for the cost of each fingerprint16
analysis NAME-BASED JUDICIAL RECORD CHECK and background17
investigation undertaken to qualify new officers, directors,
OWNERS,18
managers, or employees.19
SECTION 7. In Colorado Revised Statutes, 16-17-102, amend20
(2) as follows:21
16-17-102. Application - character certificate - pardons.22
(2) The governor may grant pardons to a class of defendants who were23
convicted of the possession of up to two ounces of marijuana
OR24
POSSESSION OF NATURAL MEDICINE AS DEFINED IN SECTION 44-50-10325
(13). The requirements of subsection (1) of this section do not apply to26
defendants who were convicted of the possession of up to two ounces of27
SB25-297
-15- marijuana OR POSSESSION OF NATURAL MEDICINE AS DEFINED IN SECTION1
44-50-103
(13), but the governor may make any inquiry as deemed2
appropriate to seek any relevant information necessary from any person3
or agency to reach an informed decision.4
SECTION 8. Safety clause. The general assembly finds,5
determines, and declares that this act is necessary for the immediate6
preservation of the public peace, health, or safety or for appropriations for7
the support and maintenance of the departments of the state and state8
institutions.9
SB25-297
-16-