(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.
(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.
Source: Initiated 2022: Entire article added, Proposition 122, L. 2023, p. 3600, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section R&RE, (SB 23-290), ch. 249, p. 1380, � 5, effective July 1.
Editor's note: (1) This section is similar to former � 12-170-105 as it existed prior to 2023.
(2) This section was relocated to � 12-170-111 in 2023.
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.
Source: Initiated 2022: Entire article added, Proposition 122, L. 2023, p. 3601, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section R&RE, (SB 23-290), ch. 249, p. 1383, � 6, effective July 1.
12-170-108. License required - unauthorized practice - mandatory disclosure of information - data collection - rules. (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.
(5) (a) On and after July 1, 2026, a facilitator shall provide the department of public health and environment, created in section 25-1-102, with de-identified data and information related to the use of regulated natural medicine and regulated natural medicine products.
(b) The director, in conjunction with the department of public health and environment, shall adopt rules regarding the data and information provided by facilitators in accordance with this subsection (5), which data and information must include:
(I) Health outcome data;
(II) Demographic information;
(III) Individual-level data relating to the outcome of a participant's administration session;
(IV) Information about natural medicine services;
(V) Information provided by a participant prior to and following the participant's administration session; and
(VI) Other data and information as determined by the director.
(c) A facilitator shall de-identify the data and information provided to the department of public health and environment, including the removal or redaction of all personal identifying information of an individual, including the individual's name, address, and contact information.
(d) The department of public health and environment, in consultation with the director, shall determine the form, format, and timing for reporting the data and information collected by facilitators in accordance with this subsection (5).
(e) The requirements of this subsection (5) are subject to the department of public health and environment receiving sufficient funding for the pilot data collection program established in section 25-1.5-120.5 (3). If there is not sufficient funding available to finance the pilot data collection program, a facilitator is not required to provide information to the department of public health and environment and the director is not required to adopt rules in accordance with this subsection (5).
Source: Initiated 2022: Entire article added, Proposition 122, L. 2023, p. 3601, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section R&RE, (SB 23-290), ch. 249, p. 1384, � 7, effective July 1. L. 2025: (5) added, (SB 25-297), ch. 381, p. 2118, � 2, effective June 3.