C.R.S. § 12-170-101 Short title
12-170-101. Short title. The short title of this article 170 is the "Natural Medicine Health Act of 2022".
Natural Medicine Health Act of 2022
C.R.S. tit. 12, art. 170
in effectC.R.S. § 12-170-102 Legislative declaration
12-170-102. Legislative declaration. (1) The voters of the state of Colorado find and declare that:
(a) Colorado's current approach to mental health has failed to fulfill its promise. Coloradans deserve more tools to address mental health issues, including approaches such as natural medicines that are grounded in treatment, recovery, health, and wellness rather than criminalization, stigma, suffering, and punishment.
(b) Coloradans are experiencing problematic mental health issues, including but not limited to suicidality, addiction, end-of-life distress, depression, and anxiety;
(c) An extensive and growing body of research is advancing to support the efficacy of natural medicines combined with psychotherapy as treatment for depression, anxiety, substance use disorders, end-of-life distress, and other conditions;
(d) The federal government will take years to act and Coloradans deserve the right to access natural medicines now;
(e) Natural medicines have been used safely for millennia by cultures for healing;
(f) Colorado can better promote health and healing by reducing its focus on criminal punishments for persons who suffer mental health issues and by establishing regulated access to natural medicines through a humane, cost-effective, and responsible approach;
(g) The city and county of Denver voters enacted Ordinance 301 in May 2019 to make the adult personal possession and use of the natural medicine psilocybin the lowest law enforcement priority in the city and county of Denver and to prohibit the city and county from spending resources on enforcing related penalties;
(h) Oregon voters enacted Measure 109 in Oregon in November 2020 to establish a regulated system of delivering a natural medicine, in part to provide people access to psilocybin for therapeutic purposes;
(i) Criminalizing natural medicines has denied people from accessing accurate education and harm reduction information related to the use of natural medicines, and limited the development of appropriate training for first- and multi-responders including law enforcement, emergency medical services, social services, and fire services;
(j) The purpose of this "Natural Medicine Health Act of 2022" is to establish a new, compassionate, and effective approach to natural medicines by:
(I) Adopting a public health and harm reduction approach to natural medicines by removing criminal penalties for personal use for adults twenty-one years of age and older;
(II) Developing and promoting public education related to the use of natural medicines and appropriate training for first responders; and
(III) Establishing regulated access by adults twenty-one years of age and older to natural medicines that show promise in improving well-being, life satisfaction, and overall health;
(k) The provisions of this article 170 shall be interpreted consistently with the findings and purposes stated in this section and shall not be limited by any Colorado law that could conflict with or be interpreted to conflict with the purposes and policy objectives stated in this section;
(l) The people of the state of Colorado further find and declare that it is necessary to ensure consistency and fairness in the application of this article 170 throughout the state and that, therefore, the matters addressed by this article 170 are, except as specified herein, matters of statewide concern.
(2) The general assembly finds and declares that:
(a) Considerable harm may occur to the federally recognized American tribes and Indigenous people, communities, cultures, and religions if natural medicine is overly commodified, commercialized, and exploited in a manner that results in the erasure of important cultural and religious context;
ept as specified herein, matters of statewide concern.
(2) The general assembly finds and declares that:
(a) Considerable harm may occur to the federally recognized American tribes and Indigenous people, communities, cultures, and religions if natural medicine is overly commodified, commercialized, and exploited in a manner that results in the erasure of important cultural and religious context;
(b) Considerable harm may occur to the federally recognized American tribes and Indigenous people, communities, cultures, and religions if facilitators, healing centers, and other natural medicine licensees with minimal or no connection to traditional use of natural medicine misappropriate or exploit tribal and Indigenous cultures and religions;
(c) It is the general assembly's intent to ensure that the federally recognized American tribes and Indigenous people, communities, cultures, and religions are honored and respected as the state legalizes and regulates natural medicine. By enacting laws, rules, and orders to implement this article 170 and article 50 of title 44, the general assembly, division, and state licensing authority shall consider the potential for direct and indirect harm that may occur to the federally recognized American tribes and Indigenous people, communities, cultures, and religions that have a connection to natural medicine.
(d) Although there may be tremendous potential in utilizing natural medicine for managing various mental health conditions, healing, and spiritual growth, this potential must be appropriately balanced with the health and safety risks that it could pose to consumers as well as the cultural harms it could pose to the federally recognized American tribes and Indigenous and traditional communities that have connections to natural medicine.
C.R.S. § 12-170-103 Applicability of common provisions
12-170-103. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 170.
C.R.S. § 12-170-104 Definitions
12-170-104. Definitions. As used in this article 170, unless the context otherwise requires:
(1) "Administration session" means a session conducted at a healing center, or another location as allowed by this article 170 and article 50 of title 44, during which a participant consumes and experiences the effects of regulated natural medicine or regulated natural medicine product under the supervision of a facilitator.
(2) "Board" means the natural medicine advisory board created in section 12-170-106.
(3) "Director" means the director of the division or the director's designee.
(4) "Division" means the division of professions and occupations created in the department pursuant to section 12-20-103.
(5) "Facilitation" means the performance and supervision of natural medicine services for a participant.
(6) "Facilitator" means an individual who is twenty-one years of age or older; has the necessary qualifications, training, experience, and knowledge, as required pursuant to this article 170 or rules promulgated pursuant to this article 170, to perform and supervise natural medicine services for a participant; and is licensed by the director to engage in the practice of facilitation.
(7) "Federally recognized American tribe" has the same meaning as "Indian tribe" as defined by the federal "Federally Recognized Indian Tribe List Act of 1994", 25 U.S.C. sec. 5130, as amended.
(8) "Healing center" means a facility 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.
(9) "Health-care facility" means an entity that is licensed, certified, or otherwise permitted by law to administer medical treatment in this state, including a hospital, clinic, hospice entity, community mental health center, federally qualified health center, rural health clinic, organization providing a program of all-inclusive care for the elderly, long-term care facility, continuing care retirement community, or other type of entity where health care is provided.
(10) "Integration session" means a meeting between a participant and facilitator that occurs after the completion of an administration session.
(11) "Local jurisdiction" means a county, municipality, or city and county.
(12) (a) "Natural medicine" means the following substances:
(I) Psilocybin; or
(II) Psilocin.
(b) In addition to the substances listed in subsection (12)(a) of this section, "natural medicine" includes:
(I) Dimethyltryptamine, if recommended by the board and approved by the director and the executive director of the state licensing authority for inclusion on or after June 1, 2026;
(II) Ibogaine, if recommended by the board and approved by the director and the executive director of the state licensing authority; or
(III) Mescaline, if recommended by the board and approved by the director and the executive director of the state licensing authority for inclusion on or after June 1, 2026.
(c) "Natural medicine" does not mean a synthetic or synthetic analog of the substances listed in subsections (12)(a) and (12)(b) of this section, including a derivative of a naturally occurring compound of natural medicine that is produced using chemical synthesis, chemical modification, or chemical conversion.
tive director of the state licensing authority for inclusion on or after June 1, 2026.
(c) "Natural medicine" does not mean a synthetic or synthetic analog of the substances listed in subsections (12)(a) and (12)(b) of this section, including a derivative of a naturally occurring compound of natural medicine that is produced using chemical synthesis, chemical modification, or chemical conversion.
(d) Notwithstanding subsection (12)(b)(III) of this section, "mescaline" does not include peyote, meaning all parts of the plant classified botanically as lophophora williamsii lemaire, whether growing or not; its seed; any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant; or its seeds or extracts.
(13) "Natural medicine product" means a product infused with natural medicine that is intended for consumption.
(14) "Natural medicine services" means a preparation session, administration session, and integration session provided pursuant to this article 170.
(15) "Participant" means an individual who is twenty-one years of age or older and who receives natural medicine services performed by and under the supervision of a facilitator.
(16) "Preparation session" means a meeting between a participant and facilitator that occurs before an administration session. "Preparation session" does not mean an initial consultation, an inquiry, or a response about natural medicine services.
(17) "Regulated natural medicine" means a natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to article 50 of title 44.
(18) "Regulated natural medicine product" means natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to article 50 of title 44.
(19) "Remuneration" means anything of value, including money, real property, tangible and intangible personal property, a contract right, a chose in action, a service, and any right of use or employment or promise or agreement connected therewith, business promotion, or commercial activity.
(20) "State licensing authority" means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transportation, transfer, and dispensation of regulated natural medicine and regulated natural medicine product in this state pursuant to section 44-50-201.
C.R.S. § 12-170-105 Director powers and duties - prohibition - rules
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:
(I) Requirements for the safe provision of regulated natural medicine, regulated natural medicine product, and natural medicine services to a participant, including:
(A) Parameters for a preparation session, an administration session, and an integration session, including requirements for providing and verifying the completion of each session; whether any of the sessions may be conducted using telephone or audio-visual communication technology; and any timeliness requirements for when each session must be completed in relation to the other sessions;
(B) Health and safety warnings that must be provided to a participant before the preparation session, administration session, and integration session begin;
(C) Educational materials that must be provided to a participant before the preparation session, administration session, and integration session begin;
(D) A form that a participant, a facilitator, and an authorized representative of the healing center must sign, unless the facilitator is a sole practitioner, then only the participant and facilitator must sign, before the preparation session, administration session, and integration session begin. At a minimum, the form must provide that the participant provided the participant's complete and accurate health information to the facilitator and that the facilitator provided to the participant identified risk factors based upon the participant's provided health information and drug contraindications; participant expectations of the natural medicine services; parameters for physical contact during natural medicine services, the requirement of informed consent permitting physical contact, and the right to withdraw consent for physical contact; and risks of participating in natural medicine services.
(E) Proper supervision by the facilitator during the administration session and requirements to ensure that the participant has a discharge plan or safe transportation from the healing center;
(F) Provisions for group administration sessions, including requirements for an administration session that has one or more facilitators performing and supervising the administration session for more than one participant;
(G) Provisions to permit a facilitator to refuse to provide natural medicine services to a person based upon health and safety risks or circumstances promulgated by rule; and
(H) The dosage limit of regulated natural medicine or regulated natural medicine product that may be provided to a participant for consumption during an administration session;
(II) Requirements for the licensing of facilitators, practice of facilitation, and professional conduct of facilitators, including:
(A) The form and procedures for applying for a new license or renewing or reinstating a license issued pursuant to this article 170;
(B) The educational and experiential requirements and qualifications for an individual to become a facilitator, including education and training on participant safety, drug interactions, contraindications, mental health and state, physical health and state, social and cultural considerations, preparation, administration, integration, and ethics. The educational requirements must not require a professional license or professional degree other than a facilitator license issued pursuant to this article 170; except that, if there are multiple tiers of facilitator licenses, an advanced tier of facilitator licenses may require another professional license or professional degree.
(C) Oversight and supervision requirements, including professional responsibility standards and continuing education requirements;
nse or professional degree other than a facilitator license issued pursuant to this article 170; except that, if there are multiple tiers of facilitator licenses, an advanced tier of facilitator licenses may require another professional license or professional degree.
(C) Oversight and supervision requirements, including professional responsibility standards and continuing education requirements;
(D) Establishment of professional standards of conduct to practice facilitation or a license, registration, permit, or certification pursuant to this article 170;
(E) Parameters for physical contact with a participant during natural medicine services, including requirements for obtaining signed informed consent for permissible physical contact and permitting a participant to withdraw consent for permissible physical contact with a participant in any manner and at any time;
(F) Permitting remuneration for the provision of natural medicine services;
(G) Permitting provision of group administration sessions by one facilitator who is performing and supervising the administration session for more than one participant and establishing a limit on the total number of participants who may participate in a group administration session that is performed and supervised by one facilitator;
(H) Record-keeping, privacy, and confidentiality requirements for licensees, registrants, permittees, and certificate holders, including protections preventing disclosure of a prospective participant's or participant's personally identifiable information to the public, third parties, or any government agency, except as allowed for purposes expressly stated pursuant to this article 170, rules promulgated pursuant to this article 170, article 50 of title 44, rules promulgated pursuant to article 50 of title 44, or for state or local law enforcement agencies to access records and information for other state or local law enforcement. The information or records related to a participant constitute medical data as described in section 24-72-204 (3)(a)(I), and the information or records may only be disclosed to those persons directly involved with an active investigation or proceeding.
(I) Parameters for a facilitator's permissible and prohibited financial interests in a healing center, license pursuant to this article 170, or license pursuant to article 50 of title 44; except that a facilitator may not have a financial interest in more than five natural medicine business licenses pursuant to article 50 of title 44;
(J) Parameters for a facilitator to provide and supervise natural medicine services at an authorized location that is not a healing center's licensed premises, including a health-care facility or a private residence;
(K) Standards for advertising and marketing a licensee's services, including: Avoiding the misappropriation and exploitation of the federally recognized American tribes and Indigenous people, communities, cultures, and religions; avoiding the excessive commercialization of natural medicine, natural medicine product, and natural medicine services; prohibiting advertising and marketing of natural medicine, natural medicine product, and natural medicine services directed to individuals who are under twenty-one years of age; and other parameters determined necessary by the director;
eople, communities, cultures, and religions; avoiding the excessive commercialization of natural medicine, natural medicine product, and natural medicine services; prohibiting advertising and marketing of natural medicine, natural medicine product, and natural medicine services directed to individuals who are under twenty-one years of age; and other parameters determined necessary by the director;
(L) The 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 institutions 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 purpose of licensure under this article 170; and determination of when accreditation of an education program by another state may serve as a basis for approval of licensure;
(M) The approval of facilitator education and training programs pursuant to subsection (5)(a) of this section;
(III) Any rules necessary to differentiate between the types of regulated natural medicine or regulated natural medicine product provided for participant consumption during an administration session based on qualities, traditional uses, and safety profile;
(IV) Any rules determined necessary by the director related to the powers or duties granted or imposed on the director pursuant to this article 170 or by any other law; and
(V) Any other matters determined necessary by the director to implement or administer this article 170;
(b) Beginning on or before December 31, 2024, to review applications in the form and manner determined by the director for new licenses, registrations, permits, or certificates after payment of the required fee and to grant or deny licenses, registrations, permits, or certificates as provided in this article 170 or a rule promulgated pursuant to this article 170. The division shall prioritize reviewing applications from applicants who have established residency in Colorado.
(c) To establish licenses, registrations, permits, or certificates determined necessary by the director to implement or administer this article 170, and to establish eligibility requirements and privileges under the licenses, registrations, permits, or certificates;
(d) To establish, when financially feasible, procedures, policies, and programs to ensure this article 170 and rules promulgated pursuant to this article 170 are equitable and inclusive and promote the licensing, registration, and permitting of, and provision of natural medicine and natural medicine product to, persons from communities that have been disproportionately harmed by high rates of arrest for controlled substances, persons who face barriers to health-care access, persons who have traditional, tribal, or Indigenous history with natural medicine or natural medicine product, or persons who are veterans. The director may consult the board when considering procedures, policies, and programs pursuant to this subsection (1)(d).
(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 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;
tions 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 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;
(f) To take disciplinary or other action as authorized in section 12-20-404 or limit the scope of practice of an applicant, licensee, registrant, permittee, or certificate holder upon proof of a violation of this article 170 or a rule promulgated pursuant to this article 170;
(g) To issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405;
(h) (I) Repealed.
(II) To apply to any court of competent jurisdiction to temporarily restrain or preliminarily or permanently enjoin the act in question of an individual who or entity that is not licensed, registered, permitted, or certified pursuant to this article 170 and to enforce compliance with this article 170 or a rule promulgated pursuant to this article 170 whenever it appears to the director upon sufficient evidence satisfactory to the director that an individual or entity has been or is committing an act prohibited by this article 170 or a rule promulgated pursuant to this article 170, and the act:
(A) Threatens public health or safety; or
(B) Constitutes an unlawful act for which the individual or entity does not hold the required license, registration, permit, or certificate pursuant to this article 170 or a rule promulgated pursuant to this article 170;
(i) To maintain and update an online list that is accessible to the public of licensees, registrants, permittees, and certificate holders that includes whether the licensee, registrant, permittee, or certificate holder has had its license, registration, permit, or certificate limited, suspended, or revoked in accordance with a disciplinary action pursuant to this article 170;
(j) In coordination with the state licensing authority pursuant to section 44-50-202 (1)(k), annually publish a publicly available report concerning the implementation and administration of this article 170 and article 50 of title 44. The report must use relevant data, as determined by the director and the state licensing authority, and must not disclose the identity of any participant or include any information that could disclose the identity of a participant.
(k) Perform other functions and duties necessary to administer this article 170.
(2) The director shall consult the board when considering and promulgating rules pursuant to this article 170.
(3) The division has authority to collect available and relevant data necessary to perform functions and duties necessary to administer this article 170.
(4) The director or a division employee with regulatory oversight responsibilities for licensees, permittees, registrants, or certificate holders pursuant to this article 170 shall not work for, represent, provide consulting services to, or otherwise derive pecuniary gain from a licensee, permittee, registrant, or certificate holder that is regulated pursuant to this article 170 or any other business established for the primary purpose of providing services to the natural medicine industry for a period of six months after the employee's last day of employment with the division.
(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.
rogram 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) To 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 adopted by the director pursuant to subsection (1)(a) of this section.
(6) The director or the director's designee may inspect and survey each approved facilitator education and training program at the director's discretion.
(7) (a) The 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) If 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) The 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.
C.R.S. § 12-170-106 Board - creation - appointment - duties - report
12-170-106. Board - creation - appointment - duties - report. (1) There is created within the division a natural medicine advisory board, which consists of fifteen members, to advise the division and the state licensing authority concerning the implementation of this article 170 and article 50 of title 44.
(2) The governor shall appoint initial board members on or before January 31, 2023, with consent of the senate. The members must include:
(a) Seven members with significant expertise and experience in one or more of the following areas: Natural medicine therapy, medicine, and research; mycology and natural medicine cultivation; licensee qualifications; emergency medical services and services provided by first responders; mental and behavioral health care; health-care insurance and health-care policy; and public health, drug policy, and harm reduction; and
(b) Eight members with significant expertise and experience in one or more of the following areas: Religious use of natural medicines; issues confronting veterans; traditional tribal or Indigenous use of natural medicines; levels and disparities in access to health-care services among different communities; and past criminal justice reform efforts in Colorado. At least one of the eight members must have expertise or experience in traditional, tribal, or Indigenous use of natural medicines.
(3) The board includes the executive director of the department of revenue, or the executive director's designee, serving as a nonvoting member.
(4) (a) For the initial board, seven of the members are appointed to a term of two years and eight members are appointed to a term of four years as designated in the governor's appointment.
(b) At the expiration of the terms of the members of the initial board pursuant to subsection (2) of this section, the governor shall appoint members to the board, without consent of the senate. Each member appointed by the governor is appointed to a term of four years.
(c) Except for the executive director of the state licensing authority, or the executive director's designee, members of the board may serve up to two consecutive terms. Members are subject to removal for misconduct, incompetence, neglect of duty, or unprofessional conduct.
(5) The board shall make recommendations to the director and state licensing authority related to, but not limited to, the following areas:
(a) Accurate public health approaches regarding use, benefits, harms, and risk reduction for natural medicine and natural medicine product and the content and scope of educational campaigns related to natural medicine and natural medicine product;
(b) Research related to the efficacy and regulation of natural medicine and natural medicine product, including recommendations related to product safety, harm reduction, and cultural responsibility;
(c) The proper content of training programs, educational and experiential requirements, and qualifications for facilitators. When considering recommendations made pursuant to this subsection (5)(c), the board may consider:
(I) Tiered facilitator licensing, for the purpose of requiring varying levels of education and training dependent upon the type of participant that the facilitator will be providing services to and the type of services the facilitator will be providing;
(II) Limited waivers of education and training requirements based upon the applicant's prior experience, training, or skills, including, but not limited to, natural medicine or natural medicine product; and
(III) The removal of unreasonable financial or logistical barriers that make obtaining a facilitator license commercially unreasonable for individuals, including low-income individuals.
ding;
(II) Limited waivers of education and training requirements based upon the applicant's prior experience, training, or skills, including, but not limited to, natural medicine or natural medicine product; and
(III) The removal of unreasonable financial or logistical barriers that make obtaining a facilitator license commercially unreasonable for individuals, including low-income individuals.
(d) Affordable, equitable, ethical, and culturally responsible access to natural medicine and natural medicine product and requirements to ensure this article 170 is equitable and inclusive. In performing this requirement, the board may consider making recommendations on ways to reduce the costs of licensure for low-income individuals, for providing incentives for the provision of natural medicine services at a reduced cost to individuals with low income, and for providing incentives for the provision of natural medicine services in geographic and culturally diverse regions of the state.
(e) Appropriate regulatory considerations for each type of natural medicine and the preparation session, administration session, and integration session;
(f) The addition of other types of natural medicine to this article 170 and article 50 of title 44 pursuant to section 12-170-104 (12)(b)(I), (12)(b)(II), or (12)(b)(III) based on available medical, psychological, and scientific studies, research, and other information related to the safety and efficacy of each natural medicine, and shall prioritize considering the addition of ibogaine pursuant to section 12-170-104 (12)(b)(II), to this article 170, and to article 50 of title 44;
(g) All rules to be promulgated by the director pursuant to this article 170 and the state licensing authority pursuant to article 50 of title 44; and
(h) Requirements for accurate and complete data collection, reporting, and publication of information related to the implementation of this article 170.
(6) The board shall, on an ongoing basis, review and evaluate existing and current research, studies, and real-world data related to natural medicine and make recommendations to the general assembly and other relevant state agencies as to whether natural medicine, natural medicine product, natural medicine services, and associated services should be covered under health first Colorado or other insurance programs as a cost-effective intervention for various mental health conditions, including, but not limited to, end-of-life distress, substance use disorder, alcohol use disorder, depressive disorders, neurological disorders, cluster headaches, and post-traumatic stress disorder.
(7) The board shall, on an ongoing basis, review and evaluate sustainability issues related to natural medicine and natural medicine product and the impact on tribal and Indigenous cultures and document existing reciprocity efforts and continuing support measures that are needed.
(8) The board shall publish an annual report describing its activities, including the recommendations and advice provided to the director, the state licensing authority, and the general assembly.
(9) The division shall provide reasonable requested technical, logistical, and other support to the board to assist the board with its duties and obligations.
C.R.S. § 12-170-107 Federally recognized American tribes and Indigenous community working group - creation - duties
12-170-107. Federally recognized American tribes and Indigenous community working group - creation - duties. (1) The director shall establish the federally recognized American tribes and Indigenous community working group for the purpose of engaging and creating a dialogue to identify issues related to the commercialization of natural medicine, natural medicine product, and natural medicine services for tribal and Indigenous people, communities, cultures, and religions. The community working group shall study the following:
(a) Avoiding the misappropriation and exploitation of the federally recognized American tribes and Indigenous people, communities, cultures, and religions;
(b) Avoiding the excessive commercialization of natural medicine, natural medicine product, and natural medicine services;
(c) Any conservation issues associated with the legalization and regulation of natural medicine or natural medicine product, including the potential for further depletion of peyote due to peyote being a source of mescaline; and
(d) Best practices and open communication to build trust and understanding between the federally recognized American tribes and Indigenous people and communities, the board, the division, the state licensing authority, and law enforcement agencies, for the purpose of avoiding unnecessary burdens and criminalization of traditional tribal and Indigenous uses of natural medicine.
(2) The working group shall advise the board and the division on its findings and recommendations pursuant to the subjects identified in subsection (1) of this section.
(3) The director is encouraged to engage with the federally recognized American tribes and Indigenous people who have significant experience with traditional use of natural medicine and other persons deemed necessary by the director for the purpose of this section.
C.R.S. § 12-170-108 License required - unauthorized practice - mandatory disclosure of information
12-170-108. License required - unauthorized practice - mandatory disclosure of information. (1) An individual shall not engage in facilitation, or represent to the public or identify the individual's self as a facilitator, in this state until the individual has received a license from the director.
(2) A facilitator shall conspicuously display the license issued by the director in the healing center, including information concerning how to file a complaint against the facilitator with the director.
(3) Every licensee, permittee, registrant, or certificate holder shall provide the following information in writing to each participant prior to a preparation session, administration session, and integration session:
(a) The name, address, and phone number of the licensee, permittee, registrant, or certificate holder;
(b) An explanation of the regulations applicable to the licensee, permittee, registrant, or certificate holder pursuant to this article 170 or rules promulgated pursuant to this article 170;
(c) A listing of training, educational and experiential requirements, and qualifications the licensee, permittee, registrant, or certificate holder pursuant to this article 170 or rules promulgated pursuant to this article 170 satisfied in order to obtain a license, permit, registration, or certificate;
(d) A statement indicating that the licensee, permittee, registrant, or certificate holder is regulated by the division and an address and telephone number for the division; and
(e) A statement indicating that the participant is entitled to receive information about natural medicine services, may terminate natural medicine services at any time, and may terminate previously provided informed consent for physical contact at any time.
(4) Nothing in this section prohibits an individual from performing a bona fide religious, culturally traditional, or spiritual ceremony, if the individual informs an individual engaging in the ceremony that the individual is not a licensed facilitator and that the ceremony is not associated with commercial, business, or for-profit activity.
C.R.S. § 12-170-109 Grounds for discipline
12-170-109. Grounds for discipline. (1) The director may take disciplinary or other action as authorized in section 12-20-404 upon proof that the licensee, permittee, registrant, or certificate holder:
(a) Violated a provision of this article 170 or a rule promulgated pursuant to this article 170;
(b) Has been convicted of or has entered a plea of nolo contendere to a felony. In considering the conviction of or the plea to any such crime, the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.
(c) Made any misstatement on an application for a license, registration, or permit to practice pursuant to this article 170 or attempted to obtain a license, registration, permit, or certificate to practice by fraud, deception, or misrepresentation;
(d) Committed an act or failed to perform an act necessary to meet the generally accepted professional standards of conduct to practice a profession licensed pursuant to this article 170 or promulgated by rule pursuant to section 12-170-105 (1)(a)(II)(D), including performing services outside of the person's area of training, experience, or competence;
(e) Excessively or habitually uses or abuses alcohol or controlled substances;
(f) Violated any of the provisions of this article 170, an applicable provision of article 20 of this title 12, or any valid order of the director;
(g) Is guilty of unprofessional or dishonest conduct;
(h) Advertises by means of false or deceptive statement;
(i) Fails to display the license as provided in section 12-170-108 (2);
(j) Fails to comply with the rules promulgated by the director pursuant to this article 170;
(k) Is guilty of willful misrepresentation;
(l) Fails to disclose to the director within forty-five days a conviction for a felony or any crime that is related to the practice as a facilitator;
(m) Aids or abets the unlicensed practice of facilitation; or
(n) Fails to timely respond to a complaint sent by the director pursuant to section 12-170-110.
C.R.S. § 12-170-110 Disciplinary proceedings - administrative law judges - judicial review
12-170-110. Disciplinary proceedings - administrative law judges - judicial review. (1) The director may, through the department, employ administrative law judges to conduct hearings as provided by this section or on any matter within the director's jurisdiction upon such conditions and terms as the director may determine.
(2) A proceeding for discipline of a licensee, permittee, registrant, or certificate holder must be commenced when the director has reasonable grounds to believe that a licensee, permittee, registrant, or certificate holder has committed acts that may violate the provisions of this article 170 or rules promulgated pursuant to this article 170. The grounds may be established by an investigation begun by the director on the director's own motion or by an investigation pursuant to a written complaint. Section 12-20-403 and article 4 of title 24 govern proceedings brought pursuant to this section.
(3) Any hearing on the revocation or suspension of a license, permit, registration, or certificate, or on the denial of an application for a new license, permit, registration, or certificate, or for renewal of a previously issued license, permit, registration, or certificate must be conducted by an administrative law judge.
(4) Final action by the director may be judicially reviewed pursuant to section 12-20-408.
C.R.S. § 12-170-111 Fees - cash fund - created
12-170-111. Fees - cash fund - created. (1) Based upon the appropriation made and subject to the approval of the executive director of the department of regulatory agencies, the director shall establish and adjust fees that the director is authorized by law to collect so that the revenue generated from the fees approximates its direct and indirect costs; except that fees must not exceed the amount necessary to administer this article 170.
(2) The natural medicine facilitator cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of fees credited to the fund pursuant to this article 170 and any other money that the general assembly may appropriate or transfer to the fund.
(3) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(4) Money in the fund is continuously appropriated to the department for the administration of this article 170.
C.R.S. § 12-170-112 Local jurisdiction
12-170-112. Local jurisdiction. (1) A local jurisdiction shall not prohibit a facilitator from providing natural medicine services within its boundaries if the individual is a licensed facilitator pursuant to this article 170.
(2) A local jurisdiction shall not adopt ordinances or regulations that are unreasonable or in conflict with this article 170.
C.R.S. § 12-170-113 Protections
12-170-113. Protections. (1) Subject to the limitations in this article 170 and article 50 of title 44, but notwithstanding any other provision of law:
(a) Actions and conduct permitted pursuant to a license, registration, permit, or certificate issued by the director pursuant to this article 170, or by those who allow property to be used pursuant to a license, registration, permit, or certificate issued by the director pursuant to this article 170, are lawful and are not an offense under state law or the laws of any local jurisdiction within this state; are not subject to a civil fine, penalty, or sanction; are not a basis for detention, search, or arrest; and are not a basis to deny any right or privilege or to seize or forfeit assets under state law or the laws of any local jurisdiction within this state.
(b) A contract is not unenforceable on the basis that natural medicine or natural medicine product, as allowed pursuant to this article 170, is prohibited by federal law.
(c) Mental health care, substance use disorder intervention services, or behavioral health services otherwise covered pursuant to the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, must not be denied on the basis that they are covered in conjunction with natural medicine services or that natural medicine and natural medicine product are prohibited by federal law. Insurance or an insurance provider is not required to cover the cost of natural medicine or natural medicine product.
(d) Nothing in this section may be construed or interpreted to prevent the director from enforcing rules promulgated by the director against a licensee, registrant, permittee, or certificate holder or limit a state or local law enforcement agency's ability to investigate unlawful activity in relation to a licensee, registrant, permittee, or certificate holder.
(2) A professional or occupational license, registration, permit, or certificate holder is not subject to professional discipline or loss of a professional or occupational license, registration, permit, or certificate for providing advice or services arising out of or related to a natural medicine license, registration, permit, or certificate issued pursuant to this article 170 or article 50 of title 44 or application for a license, registration, permit, or certificate issued pursuant to this article 170 or article 50 of title 44 on the basis that natural medicine and natural medicine product are prohibited by federal law or for personal use of natural medicine or natural medicine allowed pursuant to this article 170. This article 170 does not authorize an individual to engage in conduct that in the course of practicing under the individual's license, registration, permit, or certificate would violate standards of care or scope of practice of the individual's profession or occupation as required by any provision of law or rule.
C.R.S. § 12-170-114 Liberal construction
12-170-114. Liberal construction. This article 170 must be liberally construed to effectuate its purpose.
C.R.S. § 12-170-115 Preemption
12-170-115. Preemption. A local jurisdiction shall not adopt, enact, or enforce any ordinance, rule, or resolution that is otherwise in conflict with the provisions of this article 170.
C.R.S. § 12-170-116 Self-executing, severability, conflicting provisions
12-170-116. Self-executing, severability, conflicting provisions. All provisions of this article 170 are self-executing except as specified herein, are severable, and, except when otherwise indicated, shall supersede conflicting state statutory, local charter, ordinance, or resolution provisions, and other state and local provisions. If any provision of this article 170 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article 170 that can be given effect without the invalid provision or application, and to this end the provisions of this article 170 are severable.
C.R.S. § 12-170-117 Repeal of article - review of functions
12-170-117. Repeal of article - review of functions. This article 170 is repealed, effective September 1, 2032. Before the repeal, this article 170 is scheduled for review in accordance with section 24-34-104.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026