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 and
Page 1, Line 107making and reducing an appropriation.
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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. In Colorado Revised Statutes, add 25-1.5-120.5 as follows:
Page 3, Line 325-1.5-120.5. Natural medicine health effects - data collection
Page 3, Line 4- pilot data collection study - report - rules - definitions - repeal.
Page 3, Line 5(1) Definitions.As used in this section, unless the context otherwise requires:
Page 3, Line 6(a) "Health-care facility" has the meaning set forth in section 44-50-103 (7).
Page 3, Line 7(b) "Natural medicine" has the meaning set forth in section 44-50-103 (13).
Page 3, Line 8(c) "Natural medicine product" has the meaning set forth in section 44-50-103 (15).
Page 3, Line 9(d) "Regulated natural medicine" has the meaning set forth in section 44-50-103 (21).
Page 3, Line 10(e) "Regulated natural medicine product" has the meaning set forth in section 44-50-103 (22).
Page 3, Line 11(f) "State licensing authority" has the meaning set forth in section 44-50-103 (24).
Page 3, Line 12(2) Health effects of natural medicine data collection - report.
Page 3, Line 13(a) The department, in coordination with other relevant state
Page 3, Line 14departments, including the department of revenue, created in
Page 3, Line 15section 24-1-117, and the department of regulatory agencies,
Page 3, Line 16created in section 24-1-122, shall request and collect readily
Page 3, Line 17available and relevant data and information related to the use
Page 3, Line 18of natural medicine and natural medicine products, including
Page 3, Line 19data and information concerning:
Page 4, Line 1(I) Law enforcement incidents involving the use of natural medicine and natural medicine products;
Page 4, Line 2(II) Adverse health events involving the use of natural medicine and natural medicine products;
Page 4, Line 3(III) Impacts on health-care facilities, hospitals, and
Page 4, Line 4health-care systems arising from incidents related to the use of natural medicine and natural medicine products;
Page 4, Line 5(IV) Consumer protection claims related to natural medicine and natural medicine products; and
Page 4, Line 6(V) Behavioral health impacts related to the use of natural medicine and natural medicine products.
Page 4, Line 7(b) The department, in coordination with other relevant
Page 4, Line 8state departments, shall request and collect available and
Page 4, Line 9relevant data and information related to the health effects of
Page 4, Line 10the use of natural medicine or natural medicine products from sources that may include:
Page 4, Line 11(I) All-payer claims data;
(II) Hospital discharge data;
Page 4, Line 12(III) Peer-reviewed research studies; and
(IV) Other sources as determined by the department.
Page 4, Line 13(c) (I) The department shall provide relevant data and
Page 4, Line 14information collected pursuant subsections (2)(a) and (2)(b) of
Page 4, Line 15this section to the department of revenue for use in the
Page 4, Line 16department of revenue's annual report required pursuant to section 44-50-202 (1)(g).
Page 4, Line 17(II) The department shall ensure that the data and
Page 4, Line 18information collected by the department pursuant to
Page 5, Line 1subsections (2)(a) and (2)(b) of this section is de-identified and
Page 5, Line 2does not include an individual's name, address, contact information, or other personal identifying information.
Page 5, Line 3(d) The collection of data and information related to the
Page 5, Line 4use of natural medicine and natural medicine products in
Page 5, Line 5accordance with this subsection (2) is subject to the
Page 5, Line 6acceptance of gifts, grants, or donations by the department
Page 5, Line 7pursuant to subsection (5) of this section. If there is not
Page 5, Line 8sufficient funding to finance the collection of data and
Page 5, Line 9information, the department is not required to collect the data
Page 5, Line 10and information pursuant to this subsection (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 the
Page 6, Line 19acceptance of gifts, grants, or donations by the department
Page 7, Line 1pursuant to subsection (5) of this section. If there is not
Page 7, Line 2sufficient funding to finance the operation or maintenance of
Page 7, Line 3the database, the department is not required to operate or
Page 7, Line 4maintain 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 public or private source that may improperly
Page 7, Line 16influence the collection or reporting of the data and information collected pursuant to this section.
Page 7, Line 17(6) (a) This section is repealed, effective September 1, 2030.
Page 7, Line 18(b) Prior to the repeal of this section, the department, in
Page 7, Line 19consultation with the natural medicine advisory board, created
Page 7, Line 20in section 12-170-106; the department of revenue, created in
Page 7, Line 21section 24-1-117; and the department of regulatory agencies,
Page 7, Line 22created in section 24-1-122, shall conduct a review to determine
Page 7, Line 23whether appropriations or gifts, grants, or donations are necessary and available to fulfill the purposes of this section.
Page 8, Line 1(c) After conducting the review pursuant to subsection
Page 8, Line 2(6)(b) of this section, the department shall inform the general
Page 8, Line 3assembly of the decision made by the department regarding the
Page 8, Line 4continuation of and funding available for the purposes of this section.
Page 8, Line 5SECTION 2. In Colorado Revised Statutes, 12-170-108, add (5) as follows:
Page 8, Line 612-170-108. License required - unauthorized practice -
Page 8, Line 7mandatory disclosure of information - data collection - rules.
Page 8, Line 8(5) (a) On and after July 1, 2026, a facilitator shall provide the
Page 8, Line 9department of public health and environment, created in section
Page 8, Line 1025-1-102, with de-identified data and information related to the
Page 8, Line 11use of regulated natural medicine and regulated natural medicine products.
Page 8, Line 12(b) The director, in conjunction with the department of
Page 8, Line 13public health and environment, shall adopt rules regarding the
Page 8, Line 14data and information provided by facilitators in accordance
Page 8, Line 15with this subsection (5), which data and information must include:
Page 8, Line 16(I) Health outcome data;
(II) Demographic information;
Page 8, Line 17(III) Individual-level data relating to the outcome of a participant's administration session;
Page 8, Line 18(IV) Information about natural medicine services;
Page 8, Line 19(V) Information provided by a participant prior to and
Page 8, Line 20following 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). 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 9, Line 21section 12-170-105 (1)(j) and the department of public health and
Page 10, Line 1environment pursuant to section 25-1.5-120.5, annually publish a
Page 10, Line 2publicly available report concerning the implementation, outcomes, and
Page 10, Line 3administration of this article 50,
andPage 10, Line 425-1.5-120.5. The report must use relevant data, as determined by the
Page 10, Line 5state licensing authority,
andPage 10, Line 6of the department of public health and environment, and must not
Page 10, Line 7disclose the identity of any participant or include any information that could disclose the identity of a participant.
Page 10, Line 8(7)
The state licensing authority, in coordination with otherPage 10, Line 9
relevant agencies, shall request available and relevant data concerningPage 10, Line 10
law enforcement incidences, adverse health events, impacts to health-carePage 10, Line 11
systems, consumer protection claims, and behavioral health impactsPage 10, Line 12
related to natural medicine, natural medicine product, and naturalPage 10, Line 13
medicine businesses. The state licensing authority shall include thePage 10, Line 14
available and relevant data in the report required pursuant to subsection (1)(g) of this section.Page 10, Line 15SECTION 4. In Colorado Revised Statutes, 44-50-203, amend
Page 10, Line 16(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 1744-50-203. State licensing authority - rules. (1) Mandatory
Page 10, Line 18rule-making. Rules
promulgatedPage 10, Line 19(n) Standards for qualification as a licensee, including
Page 10, Line 20environmental, social, and governance criteria directed to the findings and declarations set forth in section 12-170-102; and
Page 10, Line 21(o) Requirements for clear and easily understandable
Page 10, Line 22regulated natural medicine labels and regulated natural
Page 11, Line 1medicine product labels, which labeling requirements must include:
Page 11, Line 2(I) A prohibition on labels that are attractive to individuals under twenty-one years of age;
Page 11, Line 3(II) A prohibition on the use of colors, pictures, and cartoon images on the label;
Page 11, Line 4(III) A prohibition on the use of the word "candy" or "candies" on the label; and
Page 11, Line 5(IV) A prohibition on a label that is likely to cause
Page 11, Line 6confusion as to whether the regulated natural medicine or
Page 11, Line 7regulated natural medicine product is a trademarked food product.
Page 11, Line 8(2) Permissive rule-making. Rules
promulgatedPage 11, Line 9pursuant to section 44-50-202 (1)(b) may include, but need not be limited to, the following subjects:
Page 11, Line 10(d) Requirements and restrictions on different types of regulated natural medicine or regulated natural medicine product, including:
Page 11, Line 11(I) Requiring licensed natural medicine product
Page 11, Line 12manufacturers to submit a product registration form, which
Page 11, Line 13includes a full list of ingredients used in the manufacturer's natural medicine product;
Page 11, Line 14(II) Prohibiting a regulated natural medicine product
Page 11, Line 15that is likely to create confusion for consumers as to whether the product is a trademarked food product; and
Page 11, Line 16(III) Prohibiting regulated natural medicine products
Page 11, Line 17that are attractive to individuals under twenty-one years of
Page 11, Line 18age;
(q) Prohibition of misrepresentation and unfair practices;
andPage 12, Line 1(r) Such other matters as are necessary for the fair, impartial, stringent, and comprehensive administration of this article 50; and
Page 12, Line 2(s) Requirements that healing centers collect data and
Page 12, Line 3information related to regulated natural medicine services and
Page 12, Line 4provide the data and information to the department of public
Page 12, Line 5health and environment in accordance with section 44-50-401 (6), which data and information must include:
Page 12, Line 6(I) Demographic information of individuals who use regulated natural medicine services;
Page 12, Line 7(II) Outcome data related to an individual's participation in regulated natural medicine services; and
Page 12, Line 8(III) Other information as determined by the state
Page 12, Line 9licensing authority in consultation with the department of public health and environment.
Page 12, Line 10(4) (a) The state licensing authority may, by rule, establish
Page 12, Line 11procedures for the initial application and conditional issuance of an
Page 12, Line 12employee license
identification cardPage 12, Line 13(b) (I) The state licensing authority shall base its issuance of an
Page 12, Line 14employee license
identification cardPage 12, Line 15this subsection (4) on the results of an initial investigation that
Page 12, Line 16demonstrates the applicant is qualified to hold a license. The employee
Page 12, Line 17license application or the owner license application for which an
Page 12, Line 18employee license
identification cardPage 12, Line 19pursuant to this subsection (4) remains subject to denial pending the
Page 12, Line 20complete results of the applicant's initial
fingerprint-based criminal historyPage 13, Line 1(II) Results of a
fingerprint-based criminal historyPage 13, Line 2judicial record check that demonstrate that an applicant possessing an
Page 13, Line 3employee license
identification cardPage 13, Line 4this subsection (4) is not qualified to hold a license issued pursuant to this
Page 13, Line 5article 50 are grounds for denial of the employee license application or
Page 13, Line 6the owner license application. If the employee license application or
Page 13, Line 7the owner license application is denied, the applicant shall return the
Page 13, Line 8employee license
identification cardPage 13, Line 9licensing authority within a time period that the state licensing authority establishes by rule.
Page 13, Line 10
(III) The state licensing authority shall require the applicant toPage 13, Line 11
have the applicant's fingerprints taken by a local law enforcement agencyPage 13, Line 12
or a third party approved by the Colorado bureau of investigation. If anPage 13, Line 13
approved third party takes the applicant's fingerprints, the fingerprintsPage 13, Line 14
may be electronically captured using the Colorado bureau ofPage 13, Line 15
investigation's approved livescan equipment. A third party shall not keepPage 13, Line 16
the applicant information for more than thirty days unless requested byPage 13, Line 17
the applicant. The state licensing authority shall send the applicant'sPage 13, Line 18
fingerprints to the Colorado bureau of investigation for the purpose ofPage 13, Line 19
fingerprint processing by utilizing the files and records of the Colorado bureau of investigation and the federal bureau of investigation.Page 13, Line 20SECTION 5. In Colorado Revised Statutes, 44-50-401, amend (1); and add (6) as follows:
Page 13, Line 2144-50-401. Natural medicine healing center license - data
Page 13, Line 22collection - rules. (1) A natural medicine healing center
license may bePage 13, Line 23
issued only to a person that employs or contractsPage 14, Line 1employ, 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 2(6) (a) In accordance with the rules adopted by the state
Page 14, Line 3licensing authority pursuant to section 44-50-203 (2)(s), on and
Page 14, Line 4after July 1, 2026, a healing center licensee shall provide the
Page 14, Line 5department of public health and environment, created in section
Page 14, Line 625-1-102, with de-identified data and information related to the
Page 14, Line 7use of regulated natural medicine services in accordance with section 44-50-203 (2)(s).
Page 14, Line 8(b) A healing center licensee shall de-identify the data
Page 14, Line 9and information provided to the department of public health
Page 14, Line 10and environment, including the removal or redaction of all
Page 14, Line 11personal identifying information of an individual, including the individual's name, address, and contact information.
Page 14, Line 12(c) The department of public health and environment, in
Page 14, Line 13consultation with the state licensing authority, shall
Page 14, Line 14determine the form, format, and timing for reporting the data
Page 14, Line 15and information collected by healing centers in accordance with this subsection (6).
Page 14, Line 16(d) The requirements of this subsection (6) are subject to
Page 14, Line 17the department of public health and environment receiving
Page 14, Line 18sufficient funding for the pilot data collection program
Page 14, Line 19established in section 25-1.5-120.5(3). If there is not sufficient
Page 14, Line 20funding available to finance the pilot data collection program,
Page 14, Line 21a healing center is not required to provide information to the
Page 14, Line 22department of public health and environment and the state
Page 14, Line 23licensing authority is not required to adopt rules in accordance
Page 15, Line 1with section 44-50-203 (2)(s) to facilitate the purposes of this section.
Page 15, Line 2SECTION 6. In Colorado Revised Statutes, 44-50-601, amend (2) and (3)(c) as follows:
Page 15, Line 344-50-601. Regulated natural medicine cash fund - created -
Page 15, Line 4rules - fees. (2) The
executive directorPage 15, Line 5rule or as otherwise provided by law may reduce the amount of one or
Page 15, Line 6more of the fees if necessary pursuant to section 24-75-402 (3) to reduce
Page 15, Line 7the uncommitted reserves of the fund to which all or any portion of one
Page 15, Line 8or more of the fees is credited. After the uncommitted reserves of the
Page 15, Line 9fund are sufficiently reduced, the
executive directorPage 15, Line 10authority 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 11(3) (c) The state licensing authority may charge applicants
Page 15, Line 12licensed pursuant to this article 50 a fee for the cost of each
fingerprintPage 15, Line 13
analysisPage 15, Line 14investigation undertaken to qualify new officers, directors, owners, managers, or employees.
Page 15, Line 15SECTION 7. In Colorado Revised Statutes, 16-17-102, amend (2) as follows:
Page 15, Line 1616-17-102. Application - character certificate - pardons.
Page 15, Line 17(2) The governor may grant pardons to a class of defendants who were
Page 15, Line 18convicted of the possession of up to two ounces of marijuana or
Page 15, Line 19possession of natural medicine as defined in section 44-50-103
Page 15, Line 20(13). The requirements of subsection (1) of this section do not apply to
Page 15, Line 21defendants who were convicted of the possession of up to two ounces of
Page 15, Line 22marijuana or possession of natural medicine as defined in section
Page 16, Line 144-50-103 (13), but the governor may make any inquiry as deemed
Page 16, Line 2appropriate to seek any relevant information necessary from any person or agency to reach an informed decision.
Page 16, Line 3SECTION 8. Appropriation - adjustments to 2025 long bill.
Page 16, Line 4(1) To implement this act, the cash funds appropriation from the
Page 16, Line 5regulated natural medicines division cash fund created in section
Page 16, Line 644-50-601 (1)(a), C.R.S., made in the annual general appropriation act for
Page 16, Line 7the 2025-26 state fiscal year to the department of revenue for natural
Page 16, Line 8medicine is decreased by $78,287, and the related FTE is decreased by 1.0 FTE.
Page 16, Line 9(2) For the 2025-26 state fiscal year, $208,240 is appropriated to
Page 16, Line 10the office of the governor for use by the office of information technology.
Page 16, Line 11This appropriation is from funds received from gifts, grants, and
Page 16, Line 12donations received by the department of public health and environment
Page 16, Line 13pursuant to section 25-1.5-120.5 (5)(a), C.R.S. To implement this act, the
Page 16, Line 14office may use this appropriation to provide information technology services for the department of public health and environment.
Page 16, Line 15SECTION 9. Safety clause. The general assembly finds,
Page 16, Line 16determines, and declares that this act is necessary for the immediate
Page 16, Line 17preservation of the public peace, health, or safety or for appropriations for
Page 16, Line 18the support and maintenance of the departments of the state and state institutions.