Senate Bill 25-297 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the implementation of Colorado's natural

• Page 1, Line 102medicine initiative, and, in connection therewith,

• Page 1, Line 103requiring the department of public health and

• Page 1, Line 104environment to collect data and information related

• Page 1, Line 105to the health effects and other impacts of the use of

• Page 1, Line 106natural medicine and natural medicine products.

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 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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 1SECTION 1.  In Colorado Revised Statutes, add 25-1.5-120.5 as follows:

• Page 3, Line 225-1.5-120.5.  Natural medicine health effects - data collection

• Page 3, Line 3- pilot data collection study - report - rules - definitions - repeal.

• Page 3, Line 4(1)  Definitions.As used in this section, unless the context otherwise requires:

• Page 3, Line 5(a)  "Health-care facility" has the meaning set forth in section 44-50-103 (7).

• Page 3, Line 6(b)  "Natural medicine" has the meaning set forth in section 44-50-103 (13).

• Page 3, Line 7(c)  "Natural medicine product" has the meaning set forth in section 44-50-103 (15).

• Page 3, Line 8(d)  "Regulated natural medicine" has the meaning set forth in section 44-50-103 (21).

• Page 3, Line 9(e)  "Regulated natural medicine product" has the meaning set forth in section 44-50-103 (22).

• Page 3, Line 10(f)  "State licensing authority" has the meaning set forth in section 44-50-103 (24).

• Page 3, Line 11(2)  Health effects of natural medicine data collection - report.

• Page 3, Line 12(a)  The department, in coordination with other relevant state

• Page 3, Line 13departments, including the department of revenue, created in

• Page 3, Line 14section 24-1-117, and the department of regulatory agencies,

• Page 3, Line 15created in section 24-1-122, shall request and collect readily

• Page 3, Line 16available and relevant data and information related to the use

• Page 3, Line 17of natural medicine and natural medicine products, including data and information concerning:

• Page 3, Line 18(I)  Law enforcement incidents involving the use of natural medicine and natural medicine products;

• Page 4, Line 1(II)  Adverse health events involving the use of natural medicine and natural medicine products;

• Page 4, Line 2(III)  Impacts on health-care facilities, hospitals, and

• Page 4, Line 3health-care systems arising from incidents related to the use of natural medicine and natural medicine products;

• Page 4, Line 4(IV)  Consumer protection claims related to natural medicine and natural medicine products; and

• Page 4, Line 5(V)  Behavioral health impacts related to the use of natural medicine and natural medicine products.

• Page 4, Line 6(b)  The department, in coordination with other relevant

• Page 4, Line 7state departments, shall request and collect available and

• Page 4, Line 8relevant data and information related to the health effects of

• Page 4, Line 9the use of natural medicine or natural medicine products from sources that may include:

• Page 4, Line 10(I)  All-payer claims data;

• (II)  Hospital discharge data;

• Page 4, Line 11(III)  Peer-reviewed research studies; and

• (IV)  Other sources as determined by the department.

• Page 4, Line 12(c) (I)  The department shall provide relevant data and

• Page 4, Line 13information collected pursuant subsections (2)(a) and (2)(b) of

• Page 4, Line 14this section to the department of revenue for use in the

• Page 4, Line 15department of revenue's annual report required pursuant to section 44-50-202 (1)(g).

• Page 4, Line 16(II)  The department shall ensure that the data and

• Page 4, Line 17information collected by the department pursuant to

• Page 4, Line 18subsections (2)(a) and (2)(b) of this section is de-identified and

• Page 5, Line 1does not include an individual's name, address, contact information, or other personal identifying information.

• Page 5, Line 2(d)  The collection of data and information related to the

• Page 5, Line 3use of natural medicine and natural medicine products in

• Page 5, Line 4accordance with this subsection (2) is subject to available

• Page 5, Line 5appropriations by the general assembly or gifts, grants, and

• Page 5, Line 6donations accepted by the department pursuant to subsection

• Page 5, Line 7(5) of this section. If there is not sufficient funding to finance

• Page 5, Line 8the collection of data and information, the department is not

• Page 5, Line 9required to collect the data and information pursuant to this

• Page 5, Line 10subsection (2) until sufficient funding becomes available to the department.

• Page 5, Line 11(3)  Pilot data collection program. (a)  The department shall

• Page 5, Line 12create and maintain a database based on the data and

• Page 5, Line 13information collected pursuant to sections 12-170-108 (5) and

• Page 5, Line 1444-50-401 (6) related to the use of regulated natural medicine and regulated natural medicine products.

• Page 5, Line 15(b) (I)  The department shall ensure that the data and

• Page 5, Line 16information collected by the department and maintained in the

• Page 5, Line 17database is de-identified and does not include an individual's

• Page 5, Line 18name, address, contact information, or other personal identifying information.

• Page 5, Line 19(II)  The data and information maintained in the database is:

• Page 5, Line 20(A)  Proprietary and contains trade secrets;

• (B)  Confidential;

• Page 5, Line 21(C)  Not subject to the "Colorado Open Records Act", part 2 of article 72 of title 24;

• Page 6, Line 1(D)  Not subject to subpoena or discovery and is not admissible as evidence in any private civil action; and

• Page 6, Line 2(E)  Not to be released, disclosed, or made public, except as provided by subsection (3)(c) of this section.

• Page 6, Line 3(c)  The department may release or disclose the data and information contained in the database only:

• Page 6, Line 4(I)  For research or other empirical studies, as approved by the department;

• Page 6, Line 5(II)  For conducting surveys or investigative activities as

• Page 6, Line 6part of a public health program to track health effects of

• Page 6, Line 7regulated natural medicine or regulated natural medicine products; or

• Page 6, Line 8(III)  For conducting regulatory duties of the state

• Page 6, Line 9licensing authority or assisting other state agencies in

• Page 6, Line 10conducting their regulatory duties, including reporting on

• Page 6, Line 11services, participant motivations, demographics, and outcomes related to the natural medicine program.

• Page 6, Line 12(d)  If the department releases the data and information

• Page 6, Line 13in the database in accordance with subsection (3)(c) of this

• Page 6, Line 14section, the department shall limit the release to the minimum

• Page 6, Line 15amount of information necessary for the purposes of the release

• Page 6, Line 16and must not include an individual's name, address, contact information, or other personal identifying information.

• Page 6, Line 17(e)  The creation and maintenance of the database in

• Page 6, Line 18accordance with this subsection (3) is subject to available

• Page 6, Line 19appropriations by the general assembly or gifts, grants, and

• Page 7, Line 1donations accepted by the department pursuant to subsection

• Page 7, Line 2(5) of this section. If there is not sufficient funding to finance

• Page 7, Line 3the operation or maintenance of the database, the department

• Page 7, Line 4is not required to operate or maintain the database until sufficient funding becomes available to the department.

• Page 7, Line 5(4)  The department, in consultation with the department

• Page 7, Line 6of revenue, created in section 24-1-117, and the department of

• Page 7, Line 7regulatory agencies, created in section 24-1-122, shall

• Page 7, Line 8determine the form, format, and timing of the collection and

• Page 7, Line 9reporting of data and information in accordance with this section and sections 12-170-108 (5) and 44-50-401 (6).

• Page 7, Line 10(5) (a)  Except as provided in subsection (5)(b) of this

• Page 7, Line 11section, the department may seek, accept, and expend gifts,

• Page 7, Line 12grants, or donations from private or public sources for the purposes of this section.

• Page 7, Line 13(b)  The department shall not seek, accept, or expend any

• Page 7, Line 14gifts, grants, or donations to be used for the purposes of this

• Page 7, Line 15section from a private or public source that is a licensee, as

• Page 7, Line 16defined in section 44-50-103 (11), or any other person with a

• Page 7, Line 17financial interest related to the data and information collected pursuant to this section.

• Page 7, Line 18(6) (a)  This section is repealed, effective September 1, 2030.

• Page 7, Line 19(b)  Prior to the repeal of this section, the department, in

• Page 7, Line 20consultation with the natural medicine advisory board, created

• Page 7, Line 21in section 12-170-106; the department of revenue, created in

• Page 7, Line 22section 24-1-117; and the department of regulatory agencies,

• Page 7, Line 23created in section 24-1-122, shall conduct a review to determine

• Page 8, Line 1whether ongoing appropriations are necessary and available to fulfill the purposes of this section.

• Page 8, Line 2(c)  After conducting the review pursuant to subsection

• Page 8, Line 3(6)(b) of this section, the department shall inform the general

• Page 8, Line 4assembly of the decision made by the department regarding the

• Page 8, Line 5continuation of and funding available for the purposes of this section.

• Page 8, Line 6SECTION 2.  In Colorado Revised Statutes, 12-170-108, add (5) as follows:

• Page 8, Line 712-170-108.  License required - unauthorized practice -

• Page 8, Line 8mandatory disclosure of information - data collection - rules.

• Page 8, Line 9(5) (a)  On and after July 1, 2026, a facilitator shall provide the

• Page 8, Line 10department of public health and environment, created in section

• Page 8, Line 1125-1-102, with de-identified data and information related to the

• Page 8, Line 12use of regulated natural medicine and regulated natural medicine products.

• Page 8, Line 13(b)  The director, in conjunction with the department of

• Page 8, Line 14public health and environment, shall adopt rules regarding the

• Page 8, Line 15data and information provided by facilitators in accordance

• Page 8, Line 16with this subsection (5), which data and information must include:

• Page 8, Line 17(I)  Health outcome data;

• (II)  Demographic information;

• Page 8, Line 18(III)  Individual-level data relating to the outcome of a participant's administration session;

• Page 8, Line 19(IV)  Information about natural medicine services;

• Page 8, Line 20(V)  Information provided by a participant prior to and following the participant's administration session; and

• Page 9, Line 1(VI)  Other data and information as determined by the director.

• Page 9, Line 2(c)  A facilitator shall de-identify the data and

• Page 9, Line 3information provided to the department of public health and

• Page 9, Line 4environment, including the removal or redaction of all

• Page 9, Line 5personal identifying information of an individual, including the individual's name, address, and contact information.

• Page 9, Line 6(d)  The department of public health and environment, in

• Page 9, Line 7consultation with the director, shall determine the form,

• Page 9, Line 8format, and timing for reporting the data and information collected by facilitators in accordance with this subsection (5).

• Page 9, Line 9(e)  The requirements of this subsection (5) are subject to

• Page 9, Line 10the department of public health and environment receiving

• Page 9, Line 11sufficient funding for the pilot data collection program

• Page 9, Line 12established in section 25-1.5-120.5 (3)(e). If there is not sufficient

• Page 9, Line 13funding available to finance the pilot data collection program,

• Page 9, Line 14a facilitator is not required to provide information to the

• Page 9, Line 15department of public health and environment and the director

• Page 9, Line 16is not required to adopt rules in accordance with this subsection (5).

• Page 9, Line 17SECTION 3.  In Colorado Revised Statutes, 44-50-202, amend (1)(g); and repeal (7) as follows:

• Page 9, Line 1844-50-202.  Powers and duties of state licensing authority - report - rules. (1)  The state licensing authority shall:

• Page 9, Line 19(g)  In coordination with the division of professions and

• Page 9, Line 20occupations within the department of regulatory agencies pursuant to

• Page 10, Line 1section 12-170-105 (1)(j) and the department of public health and

• Page 10, Line 2environment pursuant to section 25-1.5-120.5, annually publish a

• Page 10, Line 3publicly available report concerning the implementation, outcomes, and

• Page 10, Line 4administration of this article 50, and article 170 of title 12, and section

• Page 10, Line 525-1.5-120.5. The report must use relevant data, as determined by the

• Page 10, Line 6state licensing authority, and the director, and the executive director

• Page 10, Line 7of the department of public health and environment, and must not

• Page 10, Line 8disclose the identity of any participant or include any information that could disclose the identity of a participant.

• Page 10, Line 9(7)  The state licensing authority, in coordination with other

• Page 10, Line 10relevant agencies, shall request available and relevant data concerning

• Page 10, Line 11law enforcement incidences, adverse health events, impacts to health-care

• Page 10, Line 12systems, consumer protection claims, and behavioral health impacts

• Page 10, Line 13related to natural medicine, natural medicine product, and natural

• Page 10, Line 14medicine businesses. The state licensing authority shall include the

• Page 10, Line 15available and relevant data in the report required pursuant to subsection (1)(g) of this section.

• Page 10, Line 16SECTION 4.  In Colorado Revised Statutes, 44-50-203, amend

• Page 10, Line 17(1) introductory portion, (1)(n), (2) introductory portion, (2)(d), (2)(q), (2)(r), and (4); and add (1)(o) and (2)(s) as follows:

• Page 10, Line 1844-50-203.  State licensing authority - rules. (1)  Mandatory

• Page 10, Line 19rule-making. Rules promulgated adopted pursuant to section 44-50-202 (1)(b) must include the following subjects:

• Page 10, Line 20(n)  Standards for qualification as a licensee, including

• Page 10, Line 21environmental, social, and governance criteria directed to the findings and declarations set forth in section 12-170-102; and

• Page 10, Line 22(o)  Requirements for clear and easily understandable

• Page 11, Line 1regulated natural medicine labels and regulated natural

• Page 11, Line 2medicine product labels, which labeling requirements must include:

• Page 11, Line 3(I)  A prohibition on labels that are attractive to individuals under twenty-one years of age;

• Page 11, Line 4(II)  A prohibition on the use of colors, pictures, and cartoon images on the label;

• Page 11, Line 5(III)  A prohibition on the use of the word "candy" or "candies" on the label; and

• Page 11, Line 6(IV)  A prohibition on a label that is likely to cause

• Page 11, Line 7confusion as to whether the regulated natural medicine or

• Page 11, Line 8regulated natural medicine product is a trademarked food product.

• Page 11, Line 9(2)  Permissive rule-making. Rules promulgated adopted

• Page 11, Line 10pursuant to section 44-50-202 (1)(b) may include, but need not be limited to, the following subjects:

• Page 11, Line 11(d)  Requirements and restrictions on different types of regulated natural medicine or regulated natural medicine product, including:

• Page 11, Line 12(I)  Requiring licensed natural medicine product

• Page 11, Line 13manufacturers to submit a product registration form, which

• Page 11, Line 14includes a full list of ingredients used in the manufacturer's natural medicine product;

• Page 11, Line 15(II)  Prohibiting a regulated natural medicine product

• Page 11, Line 16that is likely to create confusion for consumers as to whether the product is a trademarked food product; and

• Page 11, Line 17(III)  Prohibiting regulated natural medicine products

• Page 11, Line 18that are attractive to individuals under twenty-one years of age;

• Page 12, Line 1(q)  Prohibition of misrepresentation and unfair practices; and

• Page 12, Line 2(r)  Such other matters as are necessary for the fair, impartial, stringent, and comprehensive administration of this article 50; and

• Page 12, Line 3(s)  Requirements that healing centers collect data and

• Page 12, Line 4information related to regulated natural medicine services and

• Page 12, Line 5provide the data and information to the department of public

• Page 12, Line 6health and environment in accordance with section 44-50-401 (6), which data and information must include:

• Page 12, Line 7(I)  Demographic information of individuals who use regulated natural medicine services;

• Page 12, Line 8(II)  Outcome data related to an individual's participation in regulated natural medicine services; and

• Page 12, Line 9(III)  Other information as determined by the state

• Page 12, Line 10licensing authority in consultation with the department of public health and environment.

• Page 12, Line 11(4) (a)  The state licensing authority may, by rule, establish

• Page 12, Line 12procedures for the initial application and conditional issuance of an

• Page 12, Line 13employee license identification card and an owner license at the time of application.

• Page 12, Line 14(b) (I)  The state licensing authority shall base its issuance of an

• Page 12, Line 15employee license identification card or an owner license pursuant to

• Page 12, Line 16this subsection (4) on the results of an initial investigation that

• Page 12, Line 17demonstrates the applicant is qualified to hold a license. The employee

• Page 12, Line 18license application or the owner license application for which an

• Page 12, Line 19employee license identification card or an owner license was issued

• Page 12, Line 20pursuant to this subsection (4) remains subject to denial pending the

• Page 13, Line 1complete results of the applicant's initial fingerprint-based criminal history name-based judicial record check.

• Page 13, Line 2(II)  Results of a fingerprint-based criminal history name-based

• Page 13, Line 3judicial record check that demonstrate that an applicant possessing an

• Page 13, Line 4employee license identification card or an owner license pursuant to

• Page 13, Line 5this subsection (4) is not qualified to hold a license issued pursuant to this

• Page 13, Line 6article 50 are grounds for denial of the employee license application or

• Page 13, Line 7the owner license application. If the employee license application or

• Page 13, Line 8the owner license application is denied, the applicant shall return the

• Page 13, Line 9employee license identification card or the owner license to the state

• Page 13, Line 10licensing authority within a time period that the state licensing authority establishes by rule.

• Page 13, Line 11(III)  The state licensing authority shall require the applicant to

• Page 13, Line 12have the applicant's fingerprints taken by a local law enforcement agency

• Page 13, Line 13or a third party approved by the Colorado bureau of investigation. If an

• Page 13, Line 14approved third party takes the applicant's fingerprints, the fingerprints

• Page 13, Line 15may be electronically captured using the Colorado bureau of

• Page 13, Line 16investigation's approved livescan equipment. A third party shall not keep

• Page 13, Line 17the applicant information for more than thirty days unless requested by

• Page 13, Line 18the applicant. The state licensing authority shall send the applicant's

• Page 13, Line 19fingerprints to the Colorado bureau of investigation for the purpose of

• Page 13, Line 20fingerprint processing by utilizing the files and records of the Colorado bureau of investigation and the federal bureau of investigation.

• Page 13, Line 21SECTION 5.  In Colorado Revised Statutes, 44-50-401, amend (1); and add (6) as follows:

• Page 13, Line 2244-50-401.  Natural medicine healing center license - data

• Page 13, Line 23collection - rules. (1)  A natural medicine healing center license may be

• Page 14, Line 1issued only to a person that employs or contracts must be owned by,

• Page 14, Line 2employ, or contract with a facilitator who provides natural medicine services pursuant to the terms and conditions of article 170 of title 12.

• Page 14, Line 3(6) (a)  In accordance with the rules adopted by the state

• Page 14, Line 4licensing authority pursuant to section 44-50-203 (2)(s), on and

• Page 14, Line 5after July 1, 2026, a healing center licensee shall provide the

• Page 14, Line 6department of public health and environment, created in section

• Page 14, Line 725-1-102, with de-identified data and information related to the

• Page 14, Line 8use of regulated natural medicine services in accordance with section 44-50-203 (2)(s).

• Page 14, Line 9(b)  A healing center licensee shall de-identify the data

• Page 14, Line 10and information provided to the department of public health

• Page 14, Line 11and environment, including the removal or redaction of all

• Page 14, Line 12personal identifying information of an individual, including the individual's name, address, and contact information.

• Page 14, Line 13(c)  The department of public health and environment, in

• Page 14, Line 14consultation with the state licensing authority, shall

• Page 14, Line 15determine the form, format, and timing for reporting the data

• Page 14, Line 16and information collected by healing centers in accordance with this subsection (6).

• Page 14, Line 17(d)  The requirements of this subsection (6) are subject to

• Page 14, Line 18the department of public health and environment receiving

• Page 14, Line 19sufficient funding for the pilot data collection program

• Page 14, Line 20established in section 25-1.5-120.5 (3)(e). If there is not sufficient

• Page 14, Line 21funding available to finance the pilot data collection program,

• Page 14, Line 22a healing center is not required to provide information to the

• Page 14, Line 23department of public health and environment and the state

• Page 15, Line 1licensing authority is not required to adopt rules in accordance

• Page 15, Line 2with section 44-50-203 (2)(s) to facilitate the purposes of this section.

• Page 15, Line 3SECTION 6.  In Colorado Revised Statutes, 44-50-601, amend (2) and (3)(c) as follows:

• Page 15, Line 444-50-601.  Regulated natural medicine cash fund - created -

• Page 15, Line 5rules - fees. (2)  The executive director state licensing authority by

• Page 15, Line 6rule or as otherwise provided by law may reduce the amount of one or

• Page 15, Line 7more of the fees if necessary pursuant to section 24-75-402 (3) to reduce

• Page 15, Line 8the uncommitted reserves of the fund to which all or any portion of one

• Page 15, Line 9or more of the fees is credited. After the uncommitted reserves of the

• Page 15, Line 10fund are sufficiently reduced, the executive director state licensing

• Page 15, Line 11authority by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4).

• Page 15, Line 12(3) (c)  The state licensing authority may charge applicants

• Page 15, Line 13licensed pursuant to this article 50 a fee for the cost of each fingerprint

• Page 15, Line 14analysis name-based judicial record check and background

• Page 15, Line 15investigation undertaken to qualify new officers, directors, owners, managers, or employees.

• Page 15, Line 16SECTION 7.  In Colorado Revised Statutes, 16-17-102, amend (2) as follows:

• Page 15, Line 1716-17-102.  Application - character certificate - pardons.

• Page 15, Line 18(2)  The governor may grant pardons to a class of defendants who were

• Page 15, Line 19convicted of the possession of up to two ounces of marijuana or

• Page 15, Line 20possession of natural medicine as defined in section 44-50-103

• Page 15, Line 21(13). The requirements of subsection (1) of this section do not apply to

• Page 15, Line 22defendants who were convicted of the possession of up to two ounces of

• Page 16, Line 1marijuana or possession of natural medicine as defined in section

• Page 16, Line 244-50-103 (13), but the governor may make any inquiry as deemed

• Page 16, Line 3appropriate to seek any relevant information necessary from any person or agency to reach an informed decision.

• Page 16, Line 4SECTION 8.  Safety clause. The general assembly finds,

• Page 16, Line 5determines, and declares that this act is necessary for the immediate

• Page 16, Line 6preservation of the public peace, health, or safety or for appropriations for

• Page 16, Line 7the support and maintenance of the departments of the state and state institutions.