Colorado 2025 Regular Session

Colorado Senate Bill SB297 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-1014.01 Christopher McMichael x4775
88 SENATE BILL 25-297
99 Senate Committees House Committees
1010 Health & Human Services
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE IMPLEMENTATION OF COLORADO'S NATURAL101
1414 MEDICINE INITIATIVE, AND, IN CONNECTION THEREWITH ,102
1515 REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND103
1616 ENVIRONMENT TO COLLECT DAT A AND INFORMATION RELATED104
1717 TO THE HEALTH EFFECTS AND OTHER IMPACTS OF THE USE OF105
1818 NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS .106
1919 Bill Summary
2020 (Note: This summary applies to this bill as introduced and does
2121 not reflect any amendments that may be subsequently adopted. If this bill
2222 passes third reading in the house of introduction, a bill summary that
2323 applies to the reengrossed version of this bill will be available at
2424 http://leg.colorado.gov
2525 .)
2626 The bill directs the Colorado department of public health and
2727 SENATE SPONSORSHIP
2828 Ball,
2929 HOUSE SPONSORSHIP
3030 Feret,
3131 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3232 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3333 Dashes through the words or numbers indicate deletions from existing law. environment (CDPHE), in coordination with the department of revenue
3434 (DOR) and the department of regulatory agencies (DORA), to collect
3535 information and data related to the use of natural medicine and natural
3636 medicine products, including data on the following topics:
3737 ! Law enforcement incidents involving the use of natural
3838 medicine and natural medicine products;
3939 ! Adverse health events involving the use of natural
4040 medicine and natural medicine products;
4141 ! Impacts on health-care facilities, hospitals, and health-care
4242 systems related to the use of natural medicine and natural
4343 medicine products;
4444 ! Consumer protection claims related to natural medicine and
4545 natural medicine products; and
4646 ! Behavioral health impacts related to the use of natural
4747 medicine and natural medicine products.
4848 Subject to available appropriations, CDPHE shall also collect
4949 relevant data and information related to the use of natural medicine from
5050 facilitators and healing centers. CDPHE is required to create and maintain
5151 a database of the information collected. CDPHE is prohibited from
5252 sharing the information and data collected, except in certain instances,
5353 such as sharing the information with agencies and departments for their
5454 regulatory purposes, and only to the extent the information is necessary
5555 for those purposes.
5656 The operation and maintenance of the database is scheduled to
5757 repeal after 5 years. CDPHE may accept gifts, grants, and donations
5858 related to the collection of the data and information, but only from private
5959 or public sources that do not have a financial interest in the outcomes of
6060 the data collection.
6161 The bill clarifies certain statutory provisions related to the issuance
6262 of owner licenses and employee licenses for natural medicine businesses.
6363 In existing statute, an applicant for an owner license or an employee
6464 license must submit to a fingerprint-based criminal history background
6565 check. The bill removes the fingerprinting requirement, but requires an
6666 applicant for a license to complete a name-based judicial record check.
6767 The bill requires the state licensing authority to adopt rules related
6868 to product labels for regulated natural medicine and regulated natural
6969 medicine products and permits the state licensing authority to adopt rules
7070 regarding the types of regulated natural medicine products that can be
7171 manufactured.
7272 The bill permits the governor to grant pardons to a class of
7373 defendants who were convicted of the possession of natural medicine.
7474 Be it enacted by the General Assembly of the State of Colorado:1
7575 SB25-297-2- SECTION 1. In Colorado Revised Statutes, add 25-1.5-120.5 as1
7676 follows:2
7777 25-1.5-120.5. Natural medicine health effects - data collection3
7878 - pilot data collection study - report - rules - definitions - repeal.4
7979 (1) Definitions. A
8080 S USED IN THIS SECTION, UNLESS THE CONTEXT5
8181 OTHERWISE REQUIRES:6
8282 (a) "H
8383 EALTH-CARE FACILITY" HAS THE MEANING SET FORTH IN7
8484 SECTION 44-50-103 (7).8
8585 (b) "N
8686 ATURAL MEDICINE" HAS THE MEANING SET FORTH IN9
8787 SECTION 44-50-103 (13).10
8888 (c) "N
8989 ATURAL MEDICINE PRODUCT" HAS THE MEANING SET FORTH11
9090 IN SECTION 44-50-103 (15).12
9191 (d) "R
9292 EGULATED NATURAL MEDICINE " HAS THE MEANING SET13
9393 FORTH IN SECTION 44-50-103 (21).14
9494 (e) "R
9595 EGULATED NATURAL MEDICINE PRODUCT " HAS THE MEANING15
9696 SET FORTH IN SECTION 44-50-103 (22).16
9797 (f) "S
9898 TATE LICENSING AUTHORITY" HAS THE MEANING SET FORTH17
9999 IN SECTION 44-50-103 (24).18
100100 (2) Health effects of natural medicine data collection - report.19
101101 (a) T
102102 HE DEPARTMENT, IN COORDINATION WITH OTHER RELEVANT STATE20
103103 DEPARTMENTS, INCLUDING THE DEPARTMENT OF REVENUE , CREATED IN21
104104 SECTION 24-1-117, AND THE DEPARTMENT OF REGULATORY AGENCIES ,22
105105 CREATED IN SECTION 24-1-122, SHALL REQUEST AND COLLECT READILY23
106106 AVAILABLE AND RELEVANT DATA AND INFORMATION RELATED TO THE USE24
107107 OF NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS , INCLUDING25
108108 DATA AND INFORMATION CONCERNING :26
109109 (I) L
110110 AW ENFORCEMENT INCIDENTS INVOLVING THE USE OF27
111111 SB25-297
112112 -3- NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS ;1
113113 (II) A
114114 DVERSE HEALTH EVENTS INVOLVING THE USE OF NATURAL2
115115 MEDICINE AND NATURAL MEDICINE PRODUCTS ;3
116116 (III) I
117117 MPACTS ON HEALTH -CARE FACILITIES, HOSPITALS, AND4
118118 HEALTH-CARE SYSTEMS ARISING FROM INCIDENTS RELATED TO THE USE OF5
119119 NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS ;6
120120 (IV) C
121121 ONSUMER PROTECTION CLAIMS RELATED TO NATURAL7
122122 MEDICINE AND NATURAL MEDICINE PRODUCTS ; AND8
123123 (V) B
124124 EHAVIORAL HEALTH IMPACTS RELATED TO THE USE OF9
125125 NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS .10
126126 (b) T
127127 HE DEPARTMENT, IN COORDINATION WITH OTHER RELEVANT11
128128 STATE DEPARTMENTS, SHALL REQUEST AND COLLECT AVAILABLE AND12
129129 RELEVANT DATA AND INFORMATION RELATED TO THE HEALTH EFFECTS OF13
130130 THE USE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCTS FROM14
131131 SOURCES THAT MAY INCLUDE :15
132132 (I) A
133133 LL-PAYER CLAIMS DATA;16
134134 (II) H
135135 OSPITAL DISCHARGE DATA;17
136136 (III) P
137137 EER-REVIEWED RESEARCH STUDIES ; AND18
138138 (IV) O
139139 THER SOURCES AS DETERMINED BY THE DEPARTMENT .19
140140 (c) (I) T
141141 HE DEPARTMENT SHALL PROVIDE RELEVANT DATA AND20
142142 INFORMATION COLLECTED PURSUANT SUBSECTIONS (2)(a) AND (2)(b) OF21
143143 THIS SECTION TO THE DEPARTMENT OF REVENUE FOR USE IN THE22
144144 DEPARTMENT OF REVENUE 'S ANNUAL REPORT REQUIRED PURSUANT TO23
145145 SECTION 44-50-202 (1)(g).24
146146 (II) T
147147 HE DEPARTMENT SHALL ENSURE THAT THE DATA AND25
148148 INFORMATION COLLECTED BY THE DEPARTMENT PURSUANT TO26
149149 SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION IS DE-IDENTIFIED AND27
150150 SB25-297
151151 -4- DOES NOT INCLUDE AN INDIVIDUAL 'S NAME, ADDRESS, CONTACT1
152152 INFORMATION, OR OTHER PERSONAL IDENTIFYING INFORMATION .2
153153 (d) T
154154 HE COLLECTION OF DATA AND INFORMATION RELATED TO THE3
155155 USE OF NATURAL MEDICINE AND NATURAL MEDICINE PRODUCTS IN4
156156 ACCORDANCE WITH THIS SUBSECTION (2) IS SUBJECT TO AVAILABLE5
157157 APPROPRIATIONS BY THE GENERAL ASSEMBLY OR GIFTS , GRANTS, AND6
158158 DONATIONS ACCEPTED BY THE DEPARTMENT PURSUANT TO SUBSECTION7
159159 (5)
160160 OF THIS SECTION. IF THERE IS NOT SUFFICIENT FUNDING TO FINANCE8
161161 THE COLLECTION OF DATA AND INFORMATION , THE DEPARTMENT IS NOT9
162162 REQUIRED TO COLLECT THE DATA AND INFORMATION PURSUANT TO THIS10
163163 SUBSECTION (2) UNTIL SUFFICIENT FUNDING BECOMES AVAILABLE TO THE11
164164 DEPARTMENT.12
165165 (3) Pilot data collection program. (a) T
166166 HE DEPARTMENT SHALL13
167167 CREATE AND MAINTAIN A DATABASE BASED ON THE DATA AND14
168168 INFORMATION COLLECTED PURSUANT TO SECTIONS 12-170-108 (5) AND15
169169 44-50-401
170170 (6) RELATED TO THE USE OF REGULATED NATURAL MEDICINE16
171171 AND REGULATED NATURAL MEDICINE PRODUCTS .17
172172 (b) (I) T
173173 HE DEPARTMENT SHALL ENSURE THAT THE DATA AND18
174174 INFORMATION COLLECTED BY THE DEPARTMENT AND MAINTAINED IN THE19
175175 DATABASE IS DE-IDENTIFIED AND DOES NOT INCLUDE AN INDIVIDUAL 'S20
176176 NAME, ADDRESS, CONTACT INFORMATION , OR OTHER PERSONAL21
177177 IDENTIFYING INFORMATION.22
178178 (II) T
179179 HE DATA AND INFORMATION MAINTAINED IN THE DATABASE23
180180 IS:24
181181 (A) P
182182 ROPRIETARY AND CONTAINS TRADE SECRETS ;25
183183 (B) C
184184 ONFIDENTIAL;26
185185 (C) N
186186 OT SUBJECT TO THE "COLORADO OPEN RECORDS ACT", PART27
187187 SB25-297
188188 -5- 2 OF ARTICLE 72 OF TITLE 24;1
189189 (D) N
190190 OT SUBJECT TO SUBPOENA OR DISCOVERY AND IS NOT2
191191 ADMISSIBLE AS EVIDENCE IN ANY PRIVATE CIVIL ACTION ; AND3
192192 (E) N
193193 OT TO BE RELEASED, DISCLOSED, OR MADE PUBLIC, EXCEPT4
194194 AS PROVIDED BY SUBSECTION (3)(c) OF THIS SECTION.5
195195 (c) T
196196 HE DEPARTMENT MAY RELEASE OR DISCLOSE THE DATA AND6
197197 INFORMATION CONTAINED IN THE DATABASE ONLY :7
198198 (I) F
199199 OR RESEARCH OR OTHER EMPIRICAL STUDIES, AS APPROVED BY8
200200 THE DEPARTMENT;9
201201 (II) F
202202 OR CONDUCTING SURVEYS OR INVESTIGATIVE ACTIVITIES AS10
203203 PART OF A PUBLIC HEALTH PROGRAM TO TRACK HEALTH EFFECTS OF11
204204 REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE12
205205 PRODUCTS; OR13
206206 (III) F
207207 OR CONDUCTING REGULATORY DUTIES OF THE STATE14
208208 LICENSING AUTHORITY OR ASSISTING OTHER STATE AGENCIES IN15
209209 CONDUCTING THEIR REGULATORY DUTIES , INCLUDING REPORTING ON16
210210 SERVICES, PARTICIPANT MOTIVATIONS, DEMOGRAPHICS, AND OUTCOMES17
211211 RELATED TO THE NATURAL MEDICINE PROGRAM .18
212212 (d) I
213213 F THE DEPARTMENT RELEASES THE DATA AND INFORMATION19
214214 IN THE DATABASE IN ACCORDANCE WITH SUBSECTION (3)(c) OF THIS20
215215 SECTION, THE DEPARTMENT SHALL LIMIT THE RELEASE TO THE MINIMUM21
216216 AMOUNT OF INFORMATION NECESSARY FOR THE PURPOSES OF THE RELEASE22
217217 AND MUST NOT INCLUDE AN INDIVIDUAL 'S NAME, ADDRESS, CONTACT23
218218 INFORMATION, OR OTHER PERSONAL IDENTIFYING INFORMATION .24
219219 (e) T
220220 HE CREATION AND MAINTE NANCE OF THE DATABASE IN25
221221 ACCORDANCE WITH THIS SUBSECTION (3) IS SUBJECT TO AVAILABLE26
222222 APPROPRIATIONS BY THE GENERAL ASSEMBLY OR GIFTS , GRANTS, AND27
223223 SB25-297
224224 -6- DONATIONS ACCEPTED BY THE DEPARTMENT PURSUANT TO SUBSECTION1
225225 (5)
226226 OF THIS SECTION. IF THERE IS NOT SUFFICIENT FUNDING TO FINANCE2
227227 THE OPERATION OR MAINTENANCE OF THE DATABASE , THE DEPARTMENT3
228228 IS NOT REQUIRED TO OPERATE OR MAINTAIN THE DATABASE UNTIL4
229229 SUFFICIENT FUNDING BECOMES AVAILABLE TO THE DEPARTMENT .5
230230 (4) T
231231 HE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT6
232232 OF REVENUE, CREATED IN SECTION 24-1-117, AND THE DEPARTMENT OF7
233233 REGULATORY AGENCIES , CREATED IN SECTION 24-1-122, SHALL8
234234 DETERMINE THE FORM, FORMAT, AND TIMING OF THE COLLECTION AND9
235235 REPORTING OF DATA AND INFORMATION IN ACCORDANCE WITH THIS10
236236 SECTION AND SECTIONS 12-170-108 (5) AND 44-50-401 (6).11
237237 (5) (a) E
238238 XCEPT AS PROVIDED IN SUBSECTION (5)(b) OF THIS12
239239 SECTION, THE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,13
240240 GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE14
241241 PURPOSES OF THIS SECTION.15
242242 (b) T
243243 HE DEPARTMENT SHALL NOT SEEK , ACCEPT, OR EXPEND ANY16
244244 GIFTS, GRANTS, OR DONATIONS TO BE USED FOR THE PURPOSES OF THIS17
245245 SECTION FROM A PRIVATE OR PUBLIC SOURCE THAT IS A LICENSEE , AS18
246246 DEFINED IN SECTION 44-50-103 (11), OR ANY OTHER PERSON WITH A19
247247 FINANCIAL INTEREST RELATED TO THE DATA AND INFORMATION20
248248 COLLECTED PURSUANT TO THIS SECTION .21
249249 (6) (a) T
250250 HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2030.22
251251 (b) P
252252 RIOR TO THE REPEAL OF THIS SECTION, THE DEPARTMENT, IN23
253253 CONSULTATION WITH THE NATURAL MEDICINE ADVISORY BOARD , CREATED24
254254 IN SECTION 12-170-106; THE DEPARTMENT OF REVENUE , CREATED IN25
255255 SECTION 24-1-117; AND THE DEPARTMENT OF REGULATORY AGENCIES ,26
256256 CREATED IN SECTION 24-1-122, SHALL CONDUCT A REVIEW TO DETERMINE27
257257 SB25-297
258258 -7- WHETHER ONGOING APPROPRIATIONS ARE NECESSARY AND AVAILABLE TO1
259259 FULFILL THE PURPOSES OF THIS SECTION.2
260260 (c) A
261261 FTER CONDUCTING THE REVIEW PURS UANT TO SUBSECTION3
262262 (6)(b)
263263 OF THIS SECTION, THE DEPARTMENT SHALL INFORM THE GENERAL4
264264 ASSEMBLY OF THE DECISION MADE BY THE DEPARTMENT REGARDING THE5
265265 CONTINUATION OF AND FUNDING AVAILABLE FOR THE PURPOSES OF THIS6
266266 SECTION.7
267267 SECTION 2. In Colorado Revised Statutes, 12-170-108, add (5)8
268268 as follows:9
269269 12-170-108. License required - unauthorized practice -10
270270 mandatory disclosure of information - data collection - rules.11
271271 (5) (a) O
272272 N AND AFTER JULY 1, 2026, A FACILITATOR SHALL PROVIDE THE12
273273 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , CREATED IN SECTION13
274274 25-1-102,
275275 WITH DE-IDENTIFIED DATA AND INFORMATION RELATED TO THE14
276276 USE OF REGULATED NATURAL MEDICINE AND REGULATED NATURAL15
277277 MEDICINE PRODUCTS.16
278278 (b) T
279279 HE DIRECTOR, IN CONJUNCTION WITH THE DEPARTMENT OF17
280280 PUBLIC HEALTH AND ENVIRONMENT , SHALL ADOPT RULES REGARDING THE18
281281 DATA AND INFORMATION PROVIDED BY FACILITATORS IN ACCORDANCE19
282282 WITH THIS SUBSECTION (5), WHICH DATA AND INFORMATION MUST20
283283 INCLUDE:21
284284 (I) H
285285 EALTH OUTCOME DATA;22
286286 (II) D
287287 EMOGRAPHIC INFORMATION ;23
288288 (III) I
289289 NDIVIDUAL-LEVEL DATA RELATING TO THE OUTCOME OF A24
290290 PARTICIPANT'S ADMINISTRATION SESSION;25
291291 (IV) I
292292 NFORMATION ABOUT NATURAL MEDICINE SERVICES ;26
293293 (V) I
294294 NFORMATION PROVIDED BY A PARTICIPANT PRIOR TO AND27
295295 SB25-297
296296 -8- FOLLOWING THE PARTICIPANT'S ADMINISTRATION SESSION; AND1
297297 (VI) O
298298 THER DATA AND INFORMATION AS DETERMINED BY THE2
299299 DIRECTOR.3
300300 (c) A
301301 FACILITATOR SHALL DE -IDENTIFY THE DATA AND4
302302 INFORMATION PROVIDED TO THE DEPARTMENT OF PUBLIC HEALTH AND5
303303 ENVIRONMENT, INCLUDING THE REMOVAL OR REDACTION OF ALL6
304304 PERSONAL IDENTIFYING INFORMATION OF AN INDIVIDUAL , INCLUDING THE7
305305 INDIVIDUAL'S NAME, ADDRESS, AND CONTACT INFORMATION .8
306306 (d) T
307307 HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN9
308308 CONSULTATION WITH THE DIRECTOR , SHALL DETERMINE THE FORM ,10
309309 FORMAT, AND TIMING FOR REPORTING THE DATA AND INFORMATION11
310310 COLLECTED BY FACILITATORS IN ACCORDANCE WITH THIS SUBSECTION (5).12
311311 (e) T
312312 HE REQUIREMENTS OF THIS SUBSECTION (5) ARE SUBJECT TO13
313313 THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT RECEIVING14
314314 SUFFICIENT FUNDING FOR THE PILOT DATA COLLECTION PROGRAM15
315315 ESTABLISHED IN SECTION 25-1.5-120.5 (3)(e). IF THERE IS NOT SUFFICIENT16
316316 FUNDING AVAILABLE TO FINANCE THE PILOT DATA COLLECTION PROGRAM ,17
317317 A FACILITATOR IS NOT REQUIRED TO PROVIDE INFORMATION TO THE18
318318 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE DIRECTOR19
319319 IS NOT REQUIRED TO ADOPT RULES IN ACCORDANCE WITH THIS SUBSECTION20
320320 (5).21
321321 SECTION 3. In Colorado Revised Statutes, 44-50-202, amend22
322322 (1)(g); and repeal (7) as follows:23
323323 44-50-202. Powers and duties of state licensing authority -24
324324 report - rules. (1) The state licensing authority shall:25
325325 (g) In coordination with the division of professions and26
326326 occupations within the department of regulatory agencies pursuant to27
327327 SB25-297
328328 -9- section 12-170-105 (1)(j) AND THE DEPARTMENT OF PUBLIC HEALTH AND1
329329 ENVIRONMENT PURSUANT TO SECTION 25-1.5-120.5, annually publish a2
330330 publicly available report concerning the implementation,
331331 OUTCOMES, and3
332332 administration of this article 50, and
333333 article 170 of title 12, AND SECTION4
334334 25-1.5-120.5. The report must use relevant data, as determined by the5
335335 state licensing authority, and the director, AND THE EXECUTIVE DIRECTOR6
336336 OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , and must not7
337337 disclose the identity of any participant or include any information that8
338338 could disclose the identity of a participant.9
339339 (7) The state licensing authority, in coordination with other10
340340 relevant agencies, shall request available and relevant data concerning11
341341 law enforcement incidences, adverse health events, impacts to health-care12
342342 systems, consumer protection claims, and behavioral health impacts13
343343 related to natural medicine, natural medicine product, and natural14
344344 medicine businesses. The state licensing authority shall include the15
345345 available and relevant data in the report required pursuant to subsection16
346346 (1)(g) of this section.17
347347 SECTION 4. In Colorado Revised Statutes, 44-50-203, amend18
348348 (1) introductory portion, (1)(n), (2) introductory portion, (2)(d), (2)(q),19
349349 (2)(r), and (4); and add (1)(o) and (2)(s) as follows:20
350350 44-50-203. State licensing authority - rules. (1) Mandatory21
351351 rule-making. Rules promulgated ADOPTED pursuant to section 44-50-20222
352352 (1)(b) must include the following subjects:23
353353 (n) Standards for qualification as a licensee, including24
354354 environmental, social, and governance criteria directed to the findings and25
355355 declarations set forth in section 12-170-102;
356356 AND26
357357 (o) R
358358 EQUIREMENTS FOR CLEAR AND EASILY UNDERSTANDABLE27
359359 SB25-297
360360 -10- REGULATED NATURAL MEDICINE LABELS AND REGULATED NATURAL1
361361 MEDICINE PRODUCT LABELS , WHICH LABELING REQUIREMENTS MUST2
362362 INCLUDE:3
363363 (I) A
364364 PROHIBITION ON LABELS THAT ARE ATTRACTIVE TO4
365365 INDIVIDUALS UNDER TWENTY -ONE YEARS OF AGE;5
366366 (II) A
367367 PROHIBITION ON THE USE OF COLORS , PICTURES, AND6
368368 CARTOON IMAGES ON THE LABEL ;7
369369 (III) A
370370 PROHIBITION ON THE USE OF THE WORD "CANDY" OR8
371371 "
372372 CANDIES" ON THE LABEL; AND9
373373 (IV) A
374374 PROHIBITION ON A LABEL THAT IS LIKELY TO CAUSE10
375375 CONFUSION AS TO WHETHER THE REGULATED NATURAL MEDICINE OR11
376376 REGULATED NATURAL MEDICINE PRODUCT IS A TRADEMARKED FOOD12
377377 PRODUCT.13
378378 (2) Permissive rule-making. Rules promulgated
379379 ADOPTED14
380380 pursuant to section 44-50-202 (1)(b) may include, but need not be limited15
381381 to, the following subjects:16
382382 (d) Requirements and restrictions on different types of regulated17
383383 natural medicine or regulated natural medicine product,
384384 INCLUDING:18
385385 (I) R
386386 EQUIRING LICENSED NATURAL MEDICINE PRODUCT19
387387 MANUFACTURERS TO SUBMIT A PRODUCT REGISTRATION FORM , WHICH20
388388 INCLUDES A FULL LIST OF INGREDIENTS USED IN THE MANUFACTURER 'S21
389389 NATURAL MEDICINE PRODUCT ;22
390390 (II) P
391391 ROHIBITING A REGULATED NATURAL MEDICINE PRODUCT23
392392 THAT IS LIKELY TO CREATE CONFUSION FOR CONSUMERS AS TO WHETHER24
393393 THE PRODUCT IS A TRADEMARKED FOOD PRODUCT ; AND25
394394 (III) P
395395 ROHIBITING REGULATED NATURAL MEDICINE PRODUCTS26
396396 THAT ARE ATTRACTIVE TO INDIVIDUALS UNDER TWENTY -ONE YEARS OF27
397397 SB25-297
398398 -11- AGE;1
399399 (q) Prohibition of misrepresentation and unfair practices; and2
400400 (r) Such other matters as are necessary for the fair, impartial,3
401401 stringent, and comprehensive administration of this article 50;
402402 AND4
403403 (s) R
404404 EQUIREMENTS THAT HEALING CENTERS COLLECT DATA AND5
405405 INFORMATION RELATED TO REGULATED NATURAL MEDICINE SERVICES AND6
406406 PROVIDE THE DATA AND INFORMATION TO THE DEPARTMENT OF PUBLIC7
407407 HEALTH AND ENVIRONMENT IN ACCORDANCE WITH SECTION 44-50-401 (6),8
408408 WHICH DATA AND INFORMATION MUST INCLUDE :9
409409 (I) D
410410 EMOGRAPHIC INFORMATION OF INDIVIDUALS WHO USE10
411411 REGULATED NATURAL MEDICINE SERVICES ;11
412412 (II) O
413413 UTCOME DATA RELATED TO AN INDIVIDUAL 'S PARTICIPATION12
414414 IN REGULATED NATURAL MEDICINE SERVICES ; AND13
415415 (III) O
416416 THER INFORMATION AS DETERMINED BY THE STATE14
417417 LICENSING AUTHORITY IN CONSULTATION WITH THE DEPARTMENT OF15
418418 PUBLIC HEALTH AND ENVIRONMENT .16
419419 (4) (a) The state licensing authority may, by rule, establish17
420420 procedures for the
421421 INITIAL APPLICATION AND conditional issuance of an18
422422 employee license identification card
423423 AND AN OWNER LICENSE at the time19
424424 of application.20
425425 (b) (I) The state licensing authority shall base its issuance of an21
426426 employee license identification card OR AN OWNER LICENSE pursuant to22
427427 this subsection (4) on the results of an initial investigation that23
428428 demonstrates the applicant is qualified to hold a license. The employee24
429429 license application
430430 OR THE OWNER LICENSE APPLICATION for which an25
431431 employee license identification card
432432 OR AN OWNER LICENSE was issued26
433433 pursuant to this subsection (4) remains subject to denial pending the27
434434 SB25-297
435435 -12- complete results of the applicant's initial fingerprint-based criminal1
436436 history NAME-BASED JUDICIAL record check.2
437437 (II) Results of a fingerprint-based criminal history NAME-BASED3
438438 JUDICIAL record check that demonstrate that an applicant possessing an4
439439 employee license identification card OR AN OWNER LICENSE pursuant to5
440440 this subsection (4) is not qualified to hold a license issued pursuant to this6
441441 article 50 are grounds for denial of the employee license application
442442 OR7
443443 THE OWNER LICENSE APPLICATION. If the employee license application OR8
444444 THE OWNER LICENSE APPLICATION is denied, the applicant shall return the9
445445 employee license identification card
446446 OR THE OWNER LICENSE to the state10
447447 licensing authority within a time period that the state licensing authority11
448448 establishes by rule.12
449449 (III) The state licensing authority shall require the applicant to13
450450 have the applicant's fingerprints taken by a local law enforcement agency14
451451 or a third party approved by the Colorado bureau of investigation. If an15
452452 approved third party takes the applicant's fingerprints, the fingerprints16
453453 may be electronically captured using the Colorado bureau of17
454454 investigation's approved livescan equipment. A third party shall not keep18
455455 the applicant information for more than thirty days unless requested by19
456456 the applicant. The state licensing authority shall send the applicant's20
457457 fingerprints to the Colorado bureau of investigation for the purpose of21
458458 fingerprint processing by utilizing the files and records of the Colorado22
459459 bureau of investigation and the federal bureau of investigation.23
460460 SECTION 5. In Colorado Revised Statutes, 44-50-401, amend24
461461 (1); and add (6) as follows:25
462462 44-50-401. Natural medicine healing center license - data26
463463 collection - rules. (1) A natural medicine healing center license may be27
464464 SB25-297
465465 -13- issued only to a person that employs or contracts MUST BE OWNED BY,1
466466 EMPLOY, OR CONTRACT with a facilitator who provides natural medicine2
467467 services pursuant to the terms and conditions of article 170 of title 12.3
468468 (6) (a) I
469469 N ACCORDANCE WITH THE RULES ADOPTED BY THE STATE4
470470 LICENSING AUTHORITY PURSUANT TO SECTION 44-50-203 (2)(s), ON AND5
471471 AFTER JULY 1, 2026, A HEALING CENTER LICENSEE SHALL PROVIDE THE6
472472 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , CREATED IN SECTION7
473473 25-1-102,
474474 WITH DE-IDENTIFIED DATA AND INFORMATION RELATED TO THE8
475475 USE OF REGULATED NATURAL MEDICINE SERVICES IN ACCORDANCE WITH9
476476 SECTION 44-50-203 (2)(s).10
477477 (b) A
478478 HEALING CENTER LICENSEE SHALL DE -IDENTIFY THE DATA11
479479 AND INFORMATION PROVIDED TO THE DEPARTMENT OF PUBLIC HEALTH12
480480 AND ENVIRONMENT, INCLUDING THE REMOVAL OR REDACTION OF ALL13
481481 PERSONAL IDENTIFYING INFORMATION OF AN INDIVIDUAL , INCLUDING THE14
482482 INDIVIDUAL'S NAME, ADDRESS, AND CONTACT INFORMATION .15
483483 (c) T
484484 HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN16
485485 CONSULTATION WITH THE STATE LICENSING AUTHORITY , SHALL17
486486 DETERMINE THE FORM, FORMAT, AND TIMING FOR REPORTING THE DATA18
487487 AND INFORMATION COLLECTED BY HEALING CENTERS IN ACCORDANCE19
488488 WITH THIS SUBSECTION (6).20
489489 (d) T
490490 HE REQUIREMENTS OF THIS SUBSECTION (6) ARE SUBJECT TO21
491491 THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT RECEIVING22
492492 SUFFICIENT FUNDING FOR THE PILOT DATA COLLECTION PROGRAM23
493493 ESTABLISHED IN SECTION 25-1.5-120.5 (3)(e). IF THERE IS NOT SUFFICIENT24
494494 FUNDING AVAILABLE TO FINANCE THE PILOT DATA COLLECTION PROGRAM ,25
495495 A HEALING CENTER IS NOT REQUIRED TO PROVIDE INFORMATION TO THE26
496496 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE STATE27
497497 SB25-297
498498 -14- LICENSING AUTHORITY IS NOT REQUIRED TO ADOPT RULES IN ACCORDANCE1
499499 WITH SECTION 44-50-203 (2)(s) TO FACILITATE THE PURPOSES OF THIS2
500500 SECTION.3
501501 SECTION 6. In Colorado Revised Statutes, 44-50-601, amend4
502502 (2) and (3)(c) as follows:5
503503 44-50-601. Regulated natural medicine cash fund - created -6
504504 rules - fees. (2) The executive director STATE LICENSING AUTHORITY by7
505505 rule or as otherwise provided by law may reduce the amount of one or8
506506 more of the fees if necessary pursuant to section 24-75-402 (3) to reduce9
507507 the uncommitted reserves of the fund to which all or any portion of one10
508508 or more of the fees is credited. After the uncommitted reserves of the11
509509 fund are sufficiently reduced, the executive director STATE LICENSING12
510510 AUTHORITY by rule or as otherwise provided by law may increase the13
511511 amount of one or more of the fees as provided in section 24-75-402 (4).14
512512 (3) (c) The state licensing authority may charge applicants15
513513 licensed pursuant to this article 50 a fee for the cost of each fingerprint16
514514 analysis NAME-BASED JUDICIAL RECORD CHECK and background17
515515 investigation undertaken to qualify new officers, directors,
516516 OWNERS,18
517517 managers, or employees.19
518518 SECTION 7. In Colorado Revised Statutes, 16-17-102, amend20
519519 (2) as follows:21
520520 16-17-102. Application - character certificate - pardons.22
521521 (2) The governor may grant pardons to a class of defendants who were23
522522 convicted of the possession of up to two ounces of marijuana
523523 OR24
524524 POSSESSION OF NATURAL MEDICINE AS DEFINED IN SECTION 44-50-10325
525525 (13). The requirements of subsection (1) of this section do not apply to26
526526 defendants who were convicted of the possession of up to two ounces of27
527527 SB25-297
528528 -15- marijuana OR POSSESSION OF NATURAL MEDICINE AS DEFINED IN SECTION1
529529 44-50-103
530530 (13), but the governor may make any inquiry as deemed2
531531 appropriate to seek any relevant information necessary from any person3
532532 or agency to reach an informed decision.4
533533 SECTION 8. Safety clause. The general assembly finds,5
534534 determines, and declares that this act is necessary for the immediate6
535535 preservation of the public peace, health, or safety or for appropriations for7
536536 the support and maintenance of the departments of the state and state8
537537 institutions.9
538538 SB25-297
539539 -16-