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2024-11-25 (Special) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Community Room Englewood, CO 80110 AGENDA City Council Special Meeting Monday, November 25, 2024 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. To view the meeting, please follow this link to YouTube I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Vision Zero Update a. Director of Public Works Victor Rachael, and Traffic Engineering Manager Adam Maxwell will be present to provide a Vision Zero update. 6:00 p.m. to 6:45 p.m. Information Presentation: 15 minutes Discussion: 30 minutes IVa documents V. Natural Medicine Businesses a. City Attorney Tamara Niles will be present to provide an update on natural medicine businesses and potential City regulations. 6:45 p.m. to 7:20 p.m. Information and Direction Presentation: 15 minutes Discussion: 20 minutes Va documents VI. Break - 10 minutes VII. Resolutions a. Resolution authorizing the transfer of the ground lease on the former Weingarten property to New Englewood, LLC. VIIa documents Staff: Director of Community Development Brad Power, and Chief Redevelopment Officer Dan Poremba VIII. Reports from Board and Commission Council Liaisons IX. Council Member’s Choice X. City Manager’s Choice Page 1 of 305 Englewood City Council Special Meeting Agenda November 25, 2024 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. XI. Adjournment Page 2 of 305 STUDY SESSION TO: Mayor and Council FROM: Adam Maxwell, Victor Rachael DEPARTMENT: Public Works DATE: November 25, 2024 SUBJECT: Vision Zero Update DESCRIPTION: Staff will provide an update on vision zero efforts and planned next steps. RECOMMENDATION: Staff recommends that Council review and provide feedback on transportation safety/ Vision Zero projects to date and those planned for the future, while also providing direction as to whether the City should consider adopting Vision Zero as a formal goal. Council may consider adopting Vision Zero concepts while developing a different name for the program. PREVIOUS COUNCIL ACTION: Transportation Safety Strategies Special Meeting (January 11, 2021) Dartmouth Traffic Calming Project Study Session (October 24, 2022) Pedestrian Safety Month Project Overview and Discussion (October 24, 2022) Malley Pedestrian Improvements Project Approval (October 17, 2022) Old Hampden Complete Streets Project Award of Design Contract (December 18, 2023) S. Broadway Complete Streets Project Award of Design Contract (December 18, 2023) Vision Zero and Traffic Calming Update (February 12, 2024) Transportation and Traffic Calming Update (September 9,2024) SUMMARY: The Vision Zero concept first developed in Sweden in the mid-1990s and adopted by countries and municipalities around the world, including the Denver Regional Council of Governments (DRCOG). It focuses on a wholistic, comprehensive approach to eliminating transportation- related severe injuries and fatalities and implementing a "safe system" approach, founded on principles that humans make mistakes and that the human body has limited ability to tolerate crash impacts. Over the past year and a half, as part of efforts to improve transportation safety in the City of Englewood, the City began to implement strategies and policies based on Vision Zero principles, 11 of which are outlined in the Transportation Safety goal in the Transportation outcome area of the City’s strategic plan. Staff continues to move forward with implementing Vision Zero principles and strategies and recommends that Council consider whether to formally adopt Vision Zero principles. Grant programs, such as the Safe Streets and Roads for All (SS4A) Grant provided by the United States Department of Transportation (USDOT) requires applicants have an adopted Vision Zero policy. Page 3 of 305 ANALYSIS: Vision Zero Overview Several government entities that previously adopted Vision Zero principles have seen success relative to reducing transportation-related fatalities and serious injuries. In 2000, Washington State became the first state in the United States to adopt Vision Zero. Since then, it dropped to the 4th lowest transportation fatality rate in the country, down from the 11h. By 2012, the rate of traffic fatalities feel to a rate of 6.4 deaths per 100,000 people, below the 11.6 deaths per 100,000 people national rate. Regionally, in June of 2020, DRCOG's Board of Directors adopted a regional vision zero commitment to eliminate traffic-related fatalities and severe injuries on the region's roadways. DRCOG engaged community stakeholders in the development of the action plan and found that: 58% of surveyed stakeholders knew someone who was hospitalized or killed as the result of a traffic trash and; 82% of respondents were willing to add one or more minutes to their commute to improve safety. In 2023, DRCOG worked with stakeholders across the region to update the original action plan and to reestablish how to progress in achieving a shared goal of zero traffic-related deaths and serious injuries. The DRCOG action plan could be utilized by the City to develop a Vision Zero strategy that connects to the regional approach. DRCOG followed three key principles in its research, and in its development of a toolkit for municipalities to implement Vision Zero: Complete streets; Equity; and Safe speeds. The DRCOG model also utilizes the safe system approach, which focuses on both human mistakes and human vulnerability to design a transportation system with multiple redundancies to protect everyone. The six principles of the safe system approach are: Deaths and serious injuries are unacceptable; Humans make mistakes; Humans are vulnerable; Responsibility is shared; Safety is proactive; and Redundancy is crucial. Vision Zero is built around the "Three E's": Education; Engineering; and Enforcement. Education/ Engagement Staff recommends that, in Englewood, the education "e" be refocused to one of engagement with a goal of engaging community voices in the decision making process. Page 4 of 305 Strategic Plan Project Status Update Implement specific transportation safety related goals outlined in the strategic plan. This project applies to all 3E's. In process. Refer to the list below for specific details related to education / engagement projects. Develop and implement infrastructure policies to reduce traffic fatalities and serious injuries. In progress. Public works is in the process of updating design guidelines, and requirements with a timeline goal of Q1 2025. Updated policies and code have been completed regarding construction zones Q4 2024. This will also be part of the internal vision zero working group agenda. Institutionalize Vision Zero through the establishment of an internal committee to review crash data and make recommendations to implement changes. In progress. The first internal Vision Zero working group will meet in early November. Public Works will also continue to coordinate and work with PD on identified trouble locations through analysis and engineering solutions as appropriate. Conduct a formal Vision Zero Campaign. In progress with a timeline goal of kicking off the campaign by the end of 2024. Public Works and Communications are working together with a consultant on the campaign. Social media posts regarding pedestrian safety are regularly published. Continue engagement with Englewood Schools in safety school zone assessments. In progress with a timeline goal of completion by the end of Q1 2025. Develop an internal framework to review data and make decisions to improve safety. This project applies to all 3 E's. In progress. The first internal Vision Zero working group will meet in early November with this as an agenda item. Transparently provide the public with information on transportation safety enhancements; pathways to request signs, markings, and signals; and information on how related decisions are made. Completed Q3 2023 Engineering Traffic Calming - aims to reduce documented speeding and cut-through traffic on residential roads with the goal of improving overall quality of life within neighborhoods using a variety of applications. Strategic Plan Project Status Update Implement specific transportation safety related goals outlined in the strategic plan. This project applies to all 3E's. In process. Refer to the list below for specific details related to engineering projects. Construction of the Oxford Pedestrian Bridge. Delayed pending funding from adjacent development. Construction anticipated to start in Q2 2025. Perform engineering reviews at traffic fatality On-going. Public Works and PD coordinate Page 5 of 305 and high collision intersections to identify risk factors. on accident data to review locations and determine engineering solutions as applicable. Continue to develop bike and pedestrian friendly transportation routes and options that include safety elements. On-going. Public Works continues to implement bike and pedestrian routes identified in the walk and wheel plan. Recent projects include bike lanes on Floyd Ave, missing sidewalk on Inca and Union Ave. Additional funding approved in the 2025 budget will continue to facilitate this item. Develop an internal framework to review data and make decisions to improve safety. This project applies to all 3 E's. In progress. The first internal Vision Zero working group will meet in early November with this as an agenda item. Complete the Traffic Calming Toolbox. Funding approved in the 2025 budget. Timeline goal: Significant progress by Q2 2025. Continue to seek out grants and other funding opportunities. Timeline goal: Continuous throughout 2024 and 2025+ Require green buffers between the street and sidewalk for safety. Completed Enforcement: Includes Police partnering with Public Works, focused on high accident locations, school zones and special traffic problem areas. Traffic enforcement is one facet of a highly visible, proactive policing. Locations are identified through sharing data and information regarding speeding, resident feedback, and accident history. The previously identified top five accident locations in the City are: - Santa Fe and Dartmouth - Santa Fe and Union - Broadway and Belleview - Hwy 285 and Inca - Hwy 285 and Galapago Strategic Plan Project Status Update Implement specific transportation safety related goals outlined in the strategic plan. This project applies to all 3E's. In process. Refer to the list below for specific details related to enforcement projects. PD and Public Works collaboration on specific locations and timing for enforcement On-going. PD and Public Works coordinate and share traffic data collected so that enforcement can be conducted effectively. Deployment of the Recent examples include data collected along both Oxford Ave and Dartmouth. Develop an internal framework to review data and make decisions to improve safety. This project applies to all 3 E's. In progress. The first internal Vision Zero working group will meet in early November with this as an agenda item. Page 6 of 305 COUNCIL ACTION REQUESTED: Staff recommends that Council review and provide feedback on transportation safety/ Vision Zero projects to date and those planned for the future, while also providing direction as to whether the City should consider adopting Vision Zero as a formal goal. Council may consider adopting Vision Zero concepts while developing a different name for the program. FINANCIAL IMPLICATIONS: Existing strategic plan projects and initiatives are funded by the City's general fund and included in the Capital Improvement Plan (CIP). The City will continue to seek out grant programs for transportation-safety related initiatives. The 2025 budget includes several new related initiatives: $100k for creation of a traffic calming program $250k for implementation / installation of traffic calming devices and Safe Routes to School $250k for a City-Wide Transportation Plan CONNECTION TO STRATEGIC PLAN: Outcome Area: Infrastructure and Transportation Goal Area: Transportation Safety OUTREACH/COMMUNICATIONS: Public Works staff will work with Communications staff on the following public information campaigns: Strategy Purpose Expected Launch Date Driving and pedestrian safety tips Provide tips for all residents regarding safe driving habits, as well as pedestrians when using sidewalks, crosswalks, or signalized crossings. In process. During the month of October 2 social media posts are made a week. Engagement at community events Provide an in-person opportunity for the community to engage with staff to learn about efforts regarding Vision Zero and associated projects. On-going. Staff anticipate holding a multi-agency event in Q1 2025. In addition, engagement with educational materials at community events such as neighborhood nights, and celebrate Englewood, etc. will be conducted. Engagement with neighborhood groups Providing an opportunity for residents of specific neighborhoods to provide feedback to the City on ideas on improving transportation design. In process. Public Works staff are working with Communications on a community engagement plan, of which this will be part. Anticipated launch Page 7 of 305 date in early Q1 2025. Announcements on modifications to specific roadways Provide information and engagement with residents as projects advance through a public process. On-going. As roadway and associated projects advance, public meetings will be held and announcements will be provided via the project specific engage webpages, through the utility billing flyers, and social media posts. ATTACHMENTS: Presentation - Update on Vision Zero Efforts Page 8 of 305 Vision Zero Updates Presented By: Victor Rachael, Director of Public Works Adam Maxwell, Traffic Engineering Manager Vance Fender, Deputy Police Chief October 28, 2024 Pa g e 9 o f 3 0 5 Agenda •The Challenge •Vision Zero Approach •Education / Engagement •Engineering •Enforcement •Council Consideration Pa g e 1 0 o f 3 0 5 The Challenge Pa g e 1 1 o f 3 0 5 National The National Highway Traffic Safety Administration (NHTSA) released projections for 2022, estimating that 42,514 people died in motor vehicle traffic crashes. This represents a small decrease of about 1.7% from 2021. Pa g e 1 2 o f 3 0 5 Regional Source: DRCOG Taking Action on Vision Zero document Pa g e 1 3 o f 3 0 5 Local Source: DRCOG, for years 2018- 2022 Pa g e 1 4 o f 3 0 5 Vision Zero Approach Pa g e 1 5 o f 3 0 5 What is Vision Zero? A strategy to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, and equitable mobility for all. Vizion Zero is not a tagline, it’s a fundamentally different way to approach traffic safety. Source: visionzeronetwork.org Pa g e 1 6 o f 3 0 5 Safe Systems Approach Pa g e 1 7 o f 3 0 5 Vision Zero Overview The Safe System approach six principles followed by DRCOG are: 1. Deaths and serious injuries are unacceptable. 2. Humans make mistakes. 3. Humans are vulnerable. 4. Responsibility is shared. 5. Safety is proactive. 6. Redundancy is crucial. Built around the 3 E’s Pa g e 1 8 o f 3 0 5 Regional Approach DRCOG in June 2020 adopted a Regional Vision Zero commitment to eliminate traffic-related fatalities and severe injuries on our roadways and make safety a priority for all users of the transportation system. Pa g e 1 9 o f 3 0 5 Education/ Engagement Pa g e 2 0 o f 3 0 5 Education/ Engagement •Staff recommends that the education “e” be changed to engagement with a focus on providing information to the community while also engaging the community in decision making Pa g e 2 1 o f 3 0 5 Education/ Engagement Strategic Plan Projects Status UpdateStrategic Plan Project In process. Refer to the list below for specific details related to education / engagement projects. Implement specific transportation safety related goals outlined in the strategic plan. This project applies to all 3E's In progress. Public works is in the process of updating design guidelines, and requirements with a timeline goal of Q1 2025. Updated policies and code have been completed regarding construction zones Q4 2024. This will also be part of the internal vision zero working group agenda. Develop and implement infrastructure policies to reduce traffic fatalities and serious injuries. In progress. The first internal Vision Zero working group will meet in early November. Public Works will also continue to coordinate and work with PD on identified trouble locations through analysis and engineering solutions as appropriate Institutionalize Vision Zero through the establishment of an internal committee to review crash data and make recommendations to implement changes. Pa g e 2 2 o f 3 0 5 Education/ Engagement Strategic Plan Projects Status UpdateStrategic Plan Project In progress with a timeline goal of kicking off the campaign by the end of 2024. Public Works and Communications are working together with a consultant on the campaign. Social media posts regarding pedestrian safety are regularly published. Conduct a formal Vision Zero Campaign. In progress with a timeline goal of completion by the end of Q1 2025. Clayton ES completed, Bishop ES next with completion is Nov 2024. Continue engagement with Englewood Schools in safety school zone assessments. In progress. The first internal Vision Zero working group will meet in early November with this as an agenda item. Develop an internal framework to review data and make decisions to improve safety. This project applies to all 3 E's. Completed Q3 2023Transparently provide the public with information on transportation safety enhancements; pathways to request signs, markings, and signals; and information on how related decisions are made. Pa g e 2 3 o f 3 0 5 Engagement Strategies •Building partnerships with community stakeholders, such as Englewood Public Schools •Hosting events such as bike skills training and open streets events •Engaging with the Englewood Transportation Advisory Committee (ETAC) on ideas for community engagement •Holding workshops to engage neighbors in design initiatives •Installing crossing flags at dangerous intersections •Conducting community assessments of walkability and bikeability •Piloting safety demonstration and intervention projects Pa g e 2 4 o f 3 0 5 Idea: Crossing Flags Pa g e 2 5 o f 3 0 5 Education / Engagement Projects •Public Works continues to work with the Communications team and a consultant on the development of a community engagement plan. o Significant progress is anticipated by January 2025 with additional updates to be shared with council during the process. •Staff are coordinating a multi-agency event, with a focus on Vision Zero, anticipated in Q1 2025. •Public Works will continue to work with Communications on announcements of modifications to specific roadways and associated projects via project specific engage webpages, through the utility billing inserts, and social media posts. Pa g e 2 6 o f 3 0 5 Engineering Pa g e 2 7 o f 3 0 5 Engineering Traffic Calming - aims to reduce documented speeding and cut-through traffic on residential roads with the goal of improving overall quality of life within neighborhoods using a variety of applications. Complete Streets are streets for everyone.Complete Streets is an approach to planning, designing, building, operating, and maintaining streets that enables safe access for all people who need to use them, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities. Pa g e 2 8 o f 3 0 5 Engineering Strategic Plan Projects Status UpdateStrategic Plan Project In process. Refer to the list below for specific details related to engineering projects. Implement specific transportation safety related goals outlined in the strategic plan. This project applies to all 3E's Delayed pending funding from adjacent development. Construction anticipated to start in Q2 2025. Construction of the Oxford Pedestrian Bridge. On-going. Public Works and PD coordinate on accident data to review locations and determine engineering solutions as applicable. Perform engineering reviews at traffic fatality and high collision intersections to identify risk factors. CompletedRequire green buffers between the street and sidewalk for safety. Pa g e 2 9 o f 3 0 5 Engineering Strategic Plan Projects Status UpdateStrategic Plan Project On-going. Public Works continues to implement bike and pedestrian routes identified in the walk and wheel plan. Recent projects include bike lanes on Floyd Ave, missing sidewalk on Inca and Union Ave. Additional funding approved in the 2025 budget will continue to facilitate this item. Continue to develop bike and pedestrian friendly transportation routes and options that include safety elements. In progress. The first internal Vision Zero working group will meet in early November with this as an agenda item. Develop an internal framework to review data and make decisions to improve safety. This project applies to all 3 E's. Funding approved in the 2025 budget. Timeline goal: Significant progress by Q2 2025 Complete the Traffic Calming Toolbox. Timeline goal: Continuous throughout 2024 and 2025+ Continue to seek out grants and other funding opportunities. Pa g e 3 0 o f 3 0 5 Engineering Projects Old Hampden Complete Streets •The design kick off meeting was held on Jan 22, 2024 •Open house held on September •60% plans complete with design advancing South Broadway Complete Streets •The design kick off meeting was held on Jan 9, 2024 •Open house held in April •60% plans complete with design advancing South Broadway Mid-Block Crossing Update •Pedestrian Hybrid Beacon (HAWK) replacing the existing Rectangular Rapid Flashing Beacon (RRFB) •Design in progress with installation anticipated at the end of Q1 2025 Pa g e 3 1 o f 3 0 5 Enforcement Pa g e 3 2 o f 3 0 5 Maintains traffic safety by means of education, engineering and enforcement. Partnering with Public Works, focused on high accident locations, school zones and special traffic problem areas •All of the uniformed patrol division can and does enforce traffic violations as call load allows. •Traffic enforcement is one facet of highly visible, proactive policing Police Overview & Accident Data Pa g e 3 3 o f 3 0 5 Traffic Enforcement Team •Fully staffed with three officers dedicated to traffic enforcement. •Traffic Team also utilizes two portable speed trailers to gather data, and for traffic calming – These trailers are deployed 2-3 times per month for 2-4 weeks at a time to areas experiencing traffic complaints from the neighborhoods or businesses. •Data shared with Public Works for review and possible engineering solutions Police Overview & Accident Data Pa g e 3 4 o f 3 0 5 The previously top five accident locations in the City are: - Santa Fe and Dartmouth - Santa Fe and Union - Broadway and Belleview - Hwy 285 and Inca - Hwy 285 and Galapago One area in particular has seen a drastic drop: 285 corridor east of Broadway to Clarkson •Combination of education, engineering and enforcement Police Overview & Accident Data 1021 140 2 998 189 5 874 139 20 200 400 600 800 1000 1200 Total Accidents Injury Accidents Fatal Accident 2021 2022 2023 Pa g e 3 5 o f 3 0 5 Enforcement Strategic Plan Projects Status UpdateStrategic Plan Project In process. Refer to the list below for specific details related to enforcement projects. Implement specific transportation safety related goals outlined in the strategic plan. This project applies to all 3E's. On-going. PD and Public Works coordinate and share traffic data collected so that enforcement can be conducted effectively. Deployment of the Recent examples include data collected along both Oxford Ave and Dartmouth. PD and Public Works collaboration on specific locations and timing for enforcement In progress. The first internal Vision Zero working group will meet in early November with this as an agenda item. Develop an internal framework to review data and make decisions to improve safety. This project applies to all 3 E's Pa g e 3 6 o f 3 0 5 Enforcement Projects •PD and Public Works Staff will continue to share data as it relates to speeding and safety so that enforcement can be targeted on specific corridors and times of day. •PD and Public Works staff will coordinate on reviewing updated accident data to update high accident locations throughout the city. Pa g e 3 7 o f 3 0 5 Council Consideration Pa g e 3 8 o f 3 0 5 Staff Recommendation Staff recommends that Council review and provide feedback on transportation safety/ Vision Zero projects to date, and those planned for the future, while also providing direction as to whether the City should consider adopting Vision Zero as a formal goal. Council may consider adopting Vision Zero concepts while developing a different name for the program. Pa g e 3 9 o f 3 0 5 What’s in a Name? Pa g e 4 0 o f 3 0 5 Thank You & Questions Pa g e 4 1 o f 3 0 5 STUDY SESSION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: November 25, 2024 SUBJECT: Natural Medicine businesses: Potential City regulation DESCRIPTION: The State of Colorado will start licensing for Natural Medicines, or psychedelic mushrooms, as of January 1. This study session provides background and information on potential City regulations on businesses providing such natural medicines. RECOMMENDATION: Receive presentation and provide direction to staff as to regulation of these businesses within the City of Englewood PREVIOUS COUNCIL ACTION: •October 7 study session presentation by City Attorney on business regulations •October 21 presentation, public hearing on P&Z land use recommendations •November 4 first reading of land use code revisions ordinance •November18secondreadingoflandusecoderevisionsordinance SUMMARY: In November 2022, the people of Colorado approved the citizen initiative known as “Proposition 122,” which together with Senate Bill 23-290 decriminalized the personal possession, growing, sharing, and use of psychedelic mushrooms and related substances (the “Substances”), by persons aged 21 or over (collectively referred to as the “Initiative”). The subsequent statute refers to the Substances as “natural medicine.” The Initiative allows: (1) the supervised use of natural medicine at licensed facilities called natural healing centers; and (2) the operation of businesses involved in the cultivation, manufacture, and testing of the natural medicine called “natural medicine businesses.” The Initiative prohibits local governments from prohibiting natural healing centers and natural medicine businesses. However, the Initiative authorizes local governments to enact ordinances to govern the time, place, and manner of the operation of these businesses, as well as the location of these businesses. This presentation describes Colorado law on this topic, regulations adopted and proposed by surrounding cities, and requests City Council guidance for appropriate City regulations by future ordinance. Page 42 of 305 ANALYSIS: In November 2022, Proposition 122 (Access to Psychedelic Substances) was passed by Colorado voters and focused on making natural medicine (often referred to as “magic mushrooms” and more specifically referred to as psilocybin) available as a tool for treating mental health issues. Psilocybin is a naturally occurring psychedelic compound found in more than 200 species of mushrooms that grow naturally around the world. For centuries, Indigenous and Tribal communities across the globe have used psilocybin for spiritual, ceremonial and other purposes. Research suggests psilocybin may help address depression, anxiety, trauma and addiction. Studies have also found it may increase spiritual well-being. The Act, referred to as the Natural Medicine Health Act of 2022, allows local governments to regulate the time, place, and manner of the operation of healing centers licensed under the Act. On May 23, 2023, Colorado Senate Bill 23-290, Natural Medicine Regulation and Legalization (“SB23-290”), also known as the psilocybin or magic mushroom bill, became law. SB23-290 amended the Natural Medicine Health Act of 2022 to clarify and establish a regulatory framework for a regulated natural medicine program in Colorado. A copy of the statutes created by the state bill is attached to this agenda item. More specifically, the state law: creates a state licensing program for natural medicine healing centers, natural medicine cultivation facilities, natural medicine product manufacturers, natural medicine testing facilities, and any other licenses the state licensing authority may find necessary; allows persons over 21 years of age to possess, share, cultivate, and manufacture certain regulated natural medicine for personal use and without remuneration; provides the framework for occupational licensing of persons who facilitate the use of natural medicine; permits licensed healing centers to administer and facilitate natural medicine services for persons 21 years of age or older and sets the stage for state licensing, certification, permitting and registration of natural medicine businesses to begin on or before December 31, 2024; indicates that the Colorado Department of Revenue will maintain and update an online list of licensees, and that licensees will be required to conspicuously display their license on the licensed premises. Similarly, the Colorado Department of Regulator Agencies’ Division of Professions and Occupations will regulate businesses and persons who cultivate, manufacture, test, store, distribute, transport, transfer or dispense regulated natural medicine; Creates an advisory board of 15 members to oversee the process and administration. The board will make recommendations to the executive director of state licensing authority; Clarifies the state’s regulatory and supervisory role for natural medicine, dosing requirements of natural medicine sessions, limits to physical contact, how sessions are paid for, individual or group sessions, and record keeping and privacy; Includes guidance on engagement and coordination with American Tribes and indigenous peoples on avoiding over commercialization of natural medicine services and best practices; Sets up licensing requirements and standards for facilitators with the Colorado Department of Regulatory Agencies (DORA), penalties, judicial review, fees and revenues. More specifically, the state regulations include, Title 44, Article 50, Colorado Natural Medicine Code, which establishes standards for the following: Page 43 of 305 Regulations for the cultivation, manufacturing, testing, storing, distribution, transportation, transferring, and dispensation of regulated natural medicine and related products. Five new license types: o Natural Medicine Healing Center license o Natural Medicine Cultivation Facility license o Natural Medicine Product Manufacturers license o Natural Medicine Testing Facility license o Other Distance requirements of 1,000 feet from the property line of childcare centers, preschools, elementary, middle, junior or high schools or residential childcare facilities, using a direct pedestrian route. Direction for local regulations: A local jurisdiction may enact ordinances or regulations governing the time, place, and manner of operation of licenses issued pursuant to the Colorado Natural Medicine Code within its boundaries. A local jurisdiction may not prohibit the establishment or operation of licenses pursuant to the Colorado Natural Medicine Code within its boundaries. A local jurisdiction may not prohibit the transportation of natural medicine or natural medicine product within its boundaries on public roads by a person licensed to exercise such privileges pursuant to the Colorado Natural Medicine Code. A local jurisdiction may not adopt ordinances or regulations that are unreasonable or conflict with the Colorado Natural Medicine Code. An action or conduct permitted pursuant to a license issued under the Colorado Natural Medicine Code is not unlawful under state or local law and may not be the basis to deny a right or privilege under state or local law. A local jurisdiction may not license these businesses—licensing is solely a state function A local jurisdiction may not separately tax natural medicines—there are no retail sales of natural medicines to support a sales tax. While a local government may not prohibit the establishment and operation of state licensed natural medicine businesses and may not prohibit a state licensed facilitator from providing natural medicine services within its jurisdiction, the state law expressly anticipates local zoning laws to apply to natural medicine businesses and allows for local ordinances or regulations governing the “time, place, and manner of the operation of [natural medicine business] licenses” issued pursuant to the Colorado Natural Medicine Code. The state law further limits this authority by prohibiting local ordinances or regulations that are “unreasonable or conflict with” the Colorado Natural Medicine Code or state occupational licensing standards without further defining those terms. In the absence of regulations or case law further defining those terms, the extent of local authority to regulate is not clear. For instance, the state law and the regulations do not set up standards for local licensing authority and do not expressly address local licensing for natural medicine facilities. In contrast, state marijuana and alcoholic beverage laws anticipate and establish regulations for a local licensing authority and program. Any local regulations will have to be carefully drafted to avoid conflicts with the extensive state law and regulations. Lastly, state law indicates that the state will engage in rulemaking to create more specific regulations for licenses and certificates for testing facilities, testing procedures, and other rules in advance of Dec. 31, 2024. The rules created in the Colorado Code of Regulations largely apply to licensing, and are attached to this agenda item. Page 44 of 305 Significant credit is due to City of Boulder staff, for the above analysis. COUNCIL ACTION REQUESTED: Receive presentation, and provide direction to staff FINANCIAL IMPLICATIONS: None anticipated OUTREACH/COMMUNICATIONS: Discussion with Community Development staff regarding land use regulations; discussion with legal staff from various Colorado cities ATTACHMENTS: Attachment A: Powerpoint Attachment B: Natural Medicine Know the Law brochure Attachment C: Summary of Oregon and Colorado community approaches to regulating natural medicine (prepared by City of Boulder staff) Attachment D: Colorado state law, regulations Page 45 of 305 Natural Medicines, Presentation 3 Presented By: Tamara Niles, City Attorney Pa g e 4 6 o f 3 0 5 Natural Medicines: Background •November 2022: Proposition 122: Access to Natural Psychedelic Substances approved by the people of Colorado •May 2023: Senate Bill 23-290: Natural Medicine Regulation and Legalization was signed into law •Legislation allows for: •The supervised use of natural medicines at state licensed facilities, referred to in Title 16 as natural medicine healing centers; and •The operation of businesses involved in the cultivation, manufacturing, and testing of the natural medicines, referred to in Title 16 as natural medicine cultivation facilities, natural medicine products manufacturer, and natural medicine testing facilities. Pa g e 4 7 o f 3 0 5 Natural Medicines: Background •Local governments cannot prohibit natural medicine uses •Local governments may enact regulations that place time, place, and manner restrictions on uses. •Local regulations cannot be unreasonable or conflict with state law. •The state of Colorado intends to begin issuing licenses at the beginning of 2025, so local regulations need to be in place before December 31, 2024. •Council Action/Review of Natural Medicines •October 7 study session presentation by City Attorney on business regulations •October 21 presentation, public hearing on P&Z land use recommendations •November 4 first reading of land use code revisions ordinance •November 18 second reading of land use code revisions ordinancePa g e 4 8 o f 3 0 5 What is Natural Medicine Psilocybin (psychedelic compound found in over 200 species of fungi) Psilocin (present in most psychedelic mushrooms,along with Psilocybin) It is also: Dimethyltryptamine (occurs in many plants)and/or Mescaline (found in cacti, but not including peyote),if recommended by the board and approved by the director/executive director of licensing authority on or after June 1,2026. Ibogaine (found in plants in the family Apocynaceae),if recommended by the board and approved by the director and the executive director of the state licensing authority.Pa g e 4 9 o f 3 0 5 State Licensing State will issue the following licenses: (I)Natural medicine healing center license; (II)Natural medicine cultivation facility license; (III)Natural medicine product manufacturer license; (IV)Natural medicine testing facility license; (V)Facilitator Training program license; (VI)Natural medicine handler license; (VII)Others Pa g e 5 0 o f 3 0 5 Issued Licenses as of 11-18-24 Facilitator training program Acadia Professional Learning LLC, Portland OR Ceremonia Edu, Inc., Arvada CO Changa Institute Aspen CO Clinical Cognitive Facilitator Training LLC Portland OR Elemental Psychedelics Fort Collins CO InnerTrek LLC Portland OR Integrative Psychiatry Institute Longmont CO Naropa Center for Psychedelic Studies Boulder CO SoundMind Institute Portland OR Pa g e 5 1 o f 3 0 5 Englewood Regulated Land Use •Table 4-2: Permitted Uses •Create natural medicine uses, identify districts where uses are permitted, and provide location of specific use standards Pa g e 5 2 o f 3 0 5 State Statute: Healing Centers (1)A natural medicine healing center license may be issued only if employ or contract with a facilitator who provides natural medicine services (3)Prior to initiating natural medicine services,the facilitator shall verify that the participant is twenty-one years of age or older (5)(a)A natural medicine healing center licensee shall not transfer, individually or in any combination,more than an amount promulgated by rule of natural medicine and natural medicine product to a participant in a single administration session Pa g e 5 3 o f 3 0 5 State Statute: Prohibitions Licensee knowingly transfer natural medicine to a person under twenty-one Possession of natural medicine under age 21 Openly and publicly display or consume natural medicine Cultivating natural medicine exceeding twelve feet wide by twelve feet (but City can make this larger) Cultivating natural medicine outside of an enclosed and locked space, Manufacturing natural medicine product using an inherently hazardous substance when unlicensed Pa g e 5 4 o f 3 0 5 State Statute: Prohibitions Not unlawful for: A person who, for the purpose of personal use and without remuneration, possesses, consumes, shares, cultivates, or manufactures natural medicine A person to test personal use natural medicine for another person who is twenty-one years of age or older, with stipulations Prohibitions on City action: City “shall not adopt, enact, or enforce any ordinance, rule, or resolution imposing any greater criminal or civil penalty than provided by” Colo. Rev. Stat. Ann. §18-18-434 City shall not adopt,enact,or enforce any ordinance,rule,or resolution that are otherwise in conflict with the provisions of licensing regulations Pa g e 5 5 o f 3 0 5 To Regulate, or Not to Regulate If City chooses not to adopt additional regulations: No state license issued:Where prohibited by City zoning code OR Within 1,000 feet of a child care center;preschool;elementary,middle, junior,or high school;or a residential child care facility Businesses must provide security/prevent access,alarm system,video surveillance Waste must be secured and properly disposed of No one under 21 Pa g e 5 6 o f 3 0 5 Natural Medicines State Law Distances Option One School Property –1,000 Foot Buffer Licensed Childcare Property –1,000 Foot Buffer All Natural Medicine Uses Allowed Healing Centers Allowed Areas Not Zoned for Natural Medicine Facilities Parks and Open Space City Boundary Arterial and Collector Streets Local Streets Pa g e 5 7 o f 3 0 5 City can expand distance buffers 1,500 feet OK, as long as buffers do not prohibit such businesses Can add additional buffer locations, such as residential and/or marijuana businesses Pa g e 5 8 o f 3 0 5 Natural Medicines Add MJ, Residential Option Two School Property –1,000 Foot Buffer Licensed Childcare Property –1,000 Foot Buffer Existing Marijuana Facility –1,000 Foot Buffer Residential Zone District –1,000 Foot Buffer All Natural Medicine Uses Allowed Healing Centers Allowed Areas Not Zoned for Natural Medicine Facilities Parks and Open Space City Boundary Arterial and Collector Streets Local StreetsPa g e 5 9 o f 3 0 5 Natural Medicines,1,500 + residential Option Four School Property –1,500 Foot Buffer Licensed Childcare Property –1,500 Foot Buffer Residential Zone District –1,500 Foot Buffer All Natural Medicine Uses Allowed Healing Centers Allowed Areas Not Zoned for Natural Medicine Facilities Parks and Open Space City Boundary Arterial and Collector Streets Local Streets Pa g e 6 0 o f 3 0 5 Natural Medicines,1,500 MJ + Residential Option Three School Property –1,500 Foot Buffer Licensed Childcare Property –1,500 Foot Buffer Existing Marijuana Facility –1,500 Foot Buffer Residential Zone District –1,500 Foot Buffer All Natural Medicine Uses Allowed Healing Centers Allowed Areas Not Zoned for Natural Medicine Facilities Parks and Open Space City Boundary Arterial and Collector Streets Local StreetsPa g e 6 1 o f 3 0 5 City special tax on natural medicines No authority to allow for a special City tax in statute DORA roundtable: Staff indicates that because there are no sales/retail sales, the City could not impose a sales tax This is medicinal and therefore taxing not appropriate Pa g e 6 2 o f 3 0 5 Hours from other cities Parker, Castle Rock (proposed): Monday through Friday, 8 a.m. to 5 p.m. Pueblo: Considering longer hours to ensure the patient is not still under the influence Frederick: 7 days per week, 7 a.m. to 7 p.m. Arapahoe County, Boulder, Greenwood Village: no set hours Oregon requires agreement not to drive for 24 hours Internet research indicates a person may continue to be under the influence for 3 to 6 hoursPa g e 6 3 o f 3 0 5 Potential City Regulations Increase buffer from 1,000 feet, consider adding marijuana businesses, residential areas Restrict hours, days of operation Operations: • Limit public view into businesses • Require clearly illuminated facilities with downward facing security lighting • Confine odors to the premises City could consider duplicating some state regulations, to allow for City enforcement/prosecution in Municipal Court (otherwise, prosecution/enforcement left to the State) Pa g e 6 4 o f 3 0 5 Proposed Revisions: Natural Medicines Questions or Comments? Pa g e 6 5 o f 3 0 5 KNOW THE LAW The following resource is intended to increase general awareness and does not include legal or medical advice. Please contact a qualified professional for additional information. Who To Contact For information about licenses for healing centers, cultivations, manufacturers, or testing labs, contact the Department of Revenue at: DOR_NaturalMedicine@state.co.us For information about facilitator training, licensing, or the Natural Medicine Advisory Board, contact the Department of Regulatory Agencies at: dora_natural_medicine@state.co.us Page 66 of 305 The Basics - Personal Use ■Natural Medicine includes: Psilocybin, psilocyn, ibogaine, mescaline, and dimethyltryptamine (DMT) ▪Mescaline cannot be sourced from peyote ■Personal possession, cultivation, and use provisions are already effective ▪Possession: no limits on personal possession limits ▪Cultivation: a person over 21 years of age can cultivate natural medicine in an enclosed and locked space no bigger than 12 feet by 12 feet on private property ▪Use: An adult (21+) can share with another adult (21+) in the context of “counseling, spiritual guidance, community-based use, supported use, or related services” ▪Sale: No one can sell natural medicine » This does not preclude payment for bona fide harm reduction or support services Reminders ■Open display and consumption are prohibited ■There are still some offenses for violations of the law ▪Illegal for anyone under 21 to knowingly possess or consume ▪Illegal to cultivate in a space bigger than 12 x 12 or that is not an enclosed & locked space on private property ▪Manufacturing with inherently hazardous substances ■Advertising: Personal use does not mean natural medicine activities for business or commercial purposes. Plan Ahead ■Effects of natural medicine can have delayed onset ■If you’re planning on consuming natural medicine: ▪Do your research: learn more about natural medicines and potential effects before consuming ▪Set and Setting: »Where you’ll consume and be when the effects settle in » Create a transportation plan. Do not drive or operate a vehicle after consuming »Safe storage away from children and pets ■If you don’t feel well, contact poison control or your doctor ▪If your condition worsens, go to your nearest Emergency Room or see a healthcare provider ▪For adverse health event help and advice, call poison control at 1-800-222-1222 or contact a qualified medical professional Page 67 of 305 The Basics - Personal Use ■Natural Medicine includes: Psilocybin, psilocyn, ibogaine, mescaline, and dimethyltryptamine (DMT) ▪Mescaline cannot be sourced from peyote ■Personal possession, cultivation, and use provisions are already effective ▪Possession: no limits on personal possession limits ▪Cultivation: a person over 21 years of age can cultivate natural medicine in an enclosed and locked space no bigger than 12 feet by 12 feet on private property ▪Use: An adult (21+) can share with another adult (21+) in the context of “counseling, spiritual guidance, community-based use, supported use, or related services” ▪Sale: No one can sell natural medicine » This does not preclude payment for bona fide harm reduction or support services Reminders ■Open display and consumption are prohibited ■There are still some offenses for violations of the law ▪Illegal for anyone under 21 to knowingly possess or consume ▪Illegal to cultivate in a space bigger than 12 x 12 or that is not an enclosed & locked space on private property ▪Manufacturing with inherently hazardous substances ■Advertising: Personal use does not mean natural medicine activities for business or commercial purposes. Plan Ahead ■Effects of natural medicine can have delayed onset ■If you’re planning on consuming natural medicine: ▪Do your research: learn more about natural medicines and potential effects before consuming ▪Set and Setting: »Where you’ll consume and be when the effects settle in » Create a transportation plan. Do not drive or operate a vehicle after consuming »Safe storage away from children and pets ■If you don’t feel well, contact poison control or your doctor ▪If your condition worsens, go to your nearest Emergency Room or see a healthcare provider ▪For adverse health event help and advice, call poison control at 1-800-222-1222 or contact a qualified medical professional Page 68 of 305 KNOW THE LAW The following resource is intended to increase general awareness and does not include legal or medical advice. Please contact a qualified professional for additional information. Who To Contact For information about licenses for healing centers, cultivations, manufacturers, or testing labs, contact the Department of Revenue at: DOR_NaturalMedicine@state.co.us For information about facilitator training, licensing, or the Natural Medicine Advisory Board, contact the Department of Regulatory Agencies at: dora_natural_medicine@state.co.us Page 69 of 305 ATTACHMENT C Summary of Oregon and Colorado community approaches to regulating natural medicine Oregon Regulations on Natural Medicine A useful analogue to Colorado communities is the state of Oregon, since it was the first to pass legislation on natural medicine. Ballot Measure 109, the Psilocybin Program Initiative, was approved on November 3, 2020 by Oregon voters and legalized psilocybin in Oregon subject to the criteria noted in the measure and subsequent rulemaking. The Oregon measure is a bit different from the Colorado law, in that, like Colorado’s rules for marijuana, it allows communities to “opt out” in the next general election, which was November 8, 2022. That is not the case for natural medicine where the rules in Colorado do not allow an opt out option. The specific regulations on Psilocybin Service Centers can be found at this link. A resource guide on psilocybin can be found at this link. A summary of the state rules is as follows: x Psilocybin can only be purchased at state regulated service centers and must be consumed on site with trained facilitator x Manufacturers can only sell their products to licensed service centers x Customers cannot leave the premises with the drug x There are time limits on how long a customer must stay on site for “treatment” based on dosage, and whether or not it is a returning customer x Oregon Health Authority approves licensing applications and ensures businesses meet state requirements- before this the city has to fill out a form that certifies the business/building meets land use code x Sessions cost around $3,000-$4,000 – not covered by insurance, can last up to 15 hours long As Oregon law allows communities to “opt out”, many have, which are included on this list. A summary of communities that permit “Psilocybin Service Centers” and like uses is below: Jurisdiction Summary Deschutes County, OR x Deschutes County attempted to do a public vote to prohibit natural medicine uses, but the vote did not pass x Psilocybin service centers are, therefore, specifically defined and allowed as a conditional use in the DR-Destination Resorts zone x Permitted as a conditional use in most of the commercial and mixed-use zones Bend, OR x Natural medicine uses are not specifically regulated other than that they are categorized under existing medical office and manufacturing uses. Otherwise, all rules are deferred to the state. Eugene, OR x Regulates psilocybin service centers as medical clinics x Permitted in the commercial zones x Permitted in residential zones with conditional use permit Attachment C - Summary of Oregon and Colorado Community Approaches to Regulating Natural Medicine Item 6A - Natural Medicine Update to Meet State Law Page 38 Page 70 of 305 x Applicants must fill out a Land Use Compatibility Statement (LUCS) Portland, OR x Regulated similar to marijuana dispensaries x Categorized as psilocybin businesses but using existing use categories as follows: o Service Centers: Office o Retreat Centers: Retail Sales and Service (entertainment- oriented) o Growing of fungi: Agriculture o Extraction/Processing/Production: Manufacturing and Production o Testing of products: Industrial Service. x Not permitted in residential zones Salem, OR x Regulated as medical offices (outpatient medical services and laboratories) and permitted in commercial and mixed use zones x Manufacturing facilities are considered “Agricultural Use” which is allowed in most zones but prohibited in residential areas. How are other Colorado communities addressing the state legislation? What regulatory and licensing approaches are the other communities taking? Most Colorado communities have not specified the approach they intend to take on natural medicine uses as they are in a “wait and see” stance during the rulemaking process. Most of the communities have not specifically decided on how they will address natural medicine uses, although Aurora, Fort Collins, and Thornton are contemplating regulating them as allowed medical office and industrial uses per the current regulations with no special review and leaving the licensing to the state rather than the local authority. Durango appears to be leaning towards regulating them the same as marijuana establishments. Parker is the first Colorado community to pass local zoning regulations on natural medicine uses. In Parker, natural medicine uses are specifically defined, and healing centers are permitted as allowed uses in the business and commercial zones, but prohibited in the residential zones. Cultivation, manufacturing, and testing facilities are permitted in the industrial zones and have additional requirements such as meeting safety protocols, prohibition of hazardous materials, and that non-hazardous materials used in processing must be stored so they are not detectable beyond property boundaries. Parker also adds additional requirements above the state law as follows: x Natural medicine uses shall be no closer than 1,000 feet from any residential uses; x Hours of operation are limited to 8am to 5pm, Monday through Friday; x Restrictions on the ability to view into establishments, outdoor lighting, outdoor storage, odors, and disposal; and x Violations and fines above the state penalties. Attachment C - Summary of Oregon and Colorado Community Approaches to Regulating Natural Medicine Item 6A - Natural Medicine Update to Meet State Law Page 39 Page 71 of 305 § 44-50-101. Short title, CO ST § 44-50-101 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 1. General Provisions C.R.S.A. § 44-50-101 § 44-50-101. Short title Effective: July 1, 2023 Currentness The short title of this article 50 is the “Colorado Natural Medicine Code”. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-101, CO ST § 44-50-101 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 72 of 305 § 44-50-102. Legislative declaration, CO ST § 44-50-102 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 2 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 1. General Provisions C.R.S.A. § 44-50-102 § 44-50-102. Legislative declaration Effective: July 1, 2023 Currentness (1) The general assembly finds and declares that: (a) The people of Colorado approved statutory measures that, in part, intended to ensure that people in Colorado have access to regulated natural medicine and regulated natural medicine product; (b) The department is uniquely suited to regulate the cultivation, manufacturing, testing, storing, distribution, transportation, transferring, and dispensation of regulated natural medicine and regulated natural medicine product because of its experience and existing resources in regulating alcohol, tobacco, and marijuana; and (c) It is necessary to entrust the regulation of the cultivation, manufacturing, testing, storing, distribution, transportation, transferring, and dispensation of regulated natural medicine and regulated natural medicine product to the department in order to implement the regulatory measures in a manner that honors the intent of the people, promotes public trust, supports the integrity and sustainability of the regulatory measures, and ensures regulatory efficiency. (2) The general assembly declares that this article 50 is deemed an exercise of the police powers of the state for the protection of the economic and social welfare and the health, peace, and morals of the people of this state. (3) The general assembly declares that it is unlawful under state law to cultivate, manufacture, test, store, distribute, transport, transfer, and dispense natural medicine or natural medicine product, except in compliance with the terms, conditions, limitations, and restrictions in this article 50; rules promulgated pursuant to this article 50; article 170 of title 12; rules promulgated pursuant to article 170 of title 12; title 16; title 18; article 1.5 of title 25; and rules promulgated pursuant to article 1.5 of title 25. Credits Page 73 of 305 § 44-50-102. Legislative declaration, CO ST § 44-50-102 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 3 Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-102, CO ST § 44-50-102 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 74 of 305 § 44-50-103. Definitions, CO ST § 44-50-103 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 4 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 1. General Provisions C.R.S.A. § 44-50-103 § 44-50-103. Definitions Effective: June 6, 2024 Currentness As used in this article 50, unless the context otherwise requires: (1) “Administration session” means a session conducted at a healing center, or other location if permitted by this article 50 or rules promulgated pursuant to this article 50, during which a participant consumes and experiences the effects of natural medicine under the supervision of a facilitator. (2) “Board” means the state natural medicine advisory board created in section 12-170-106. (3) “Director” means the director of the natural medicine division or the director’s designee. (4) “Division” means the natural medicine division created in the department. (5) “Facilitator” means a natural person who is twenty-one years of age or older, has the necessary qualifications, training, experience, and knowledge to perform and supervise natural medicine services for a participant, and is licensed to engage in the practice of facilitation by the director of the division of professions and occupations in the department of regulatory agencies pursuant to article 170 of title 12. (6) “Healing center” means a facility licensed by the state licensing authority pursuant to this article 50 that permits a facilitator to provide and supervise natural medicine services for a participant. (7) “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, hospice facility, 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. Page 75 of 305 § 44-50-103. Definitions, CO ST § 44-50-103 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 5 (8) “Integration session” means a meeting between a participant and facilitator that occurs after the completion of an administration session. (9) “License” means to grant a license, permit, or registration pursuant to this article 50 or rules promulgated pursuant to this article 50. (10) “Licensed premises” means the premises specified in an application for a license pursuant to this article 50 that the licensee owns or is in possession of and within which the licensee is authorized to cultivate, manufacture, test, store, distribute, transport, transfer, or dispense natural medicine or natural medicine product in accordance with this article 50. (11) “Licensee” means a person licensed, registered, or permitted pursuant to this article 50 or rules promulgated pursuant to this article 50. (12) “Local jurisdiction” means a county, municipality, or city and county. (13)(a) “Natural medicine” means the following substances: (I) Psilocybin; or (II) Psilocin. (b) In addition to the substances listed in subsection (13)(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 for inclusion; or (III) Mescaline, if recommended by the board and approved by the director and the executive director of the state licensing Page 76 of 305 § 44-50-103. Definitions, CO ST § 44-50-103 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 6 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 (13)(a) and (13)(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 (13)(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 seeds; any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant; or its seeds or extracts. (14) “Natural medicine business” means any of the following entities licensed pursuant to this article 50: A natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, a natural medicine testing facility, or another licensed entity created by the state licensing authority. (15) “Natural medicine product” means a product infused with natural medicine that is intended for consumption. (16) “Natural medicine services” means a preparation session, administration session, and integration session provided pursuant to article 170 of title 12. (17) “Participant” means a person who is twenty-one years of age or older and who receives natural medicine services performed by and under the supervision of a facilitator. (18) “Person” means a natural person or an entity. (19) “Preparation session” means a meeting between a participant and facilitator that occurs before the start of an administration session. “Preparation session” does not mean an initial consultation or an inquiry response about natural medicine services. (20) “Principle file” means a file that is established by the state licensing authority and contains licensing and background information for an applicant seeking licenses pursuant to this article 50. (21) “Regulated natural medicine” means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to this article 50. Page 77 of 305 § 44-50-103. Definitions, CO ST § 44-50-103 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 7 (22) “Regulated natural medicine product” means natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to this article 50. (23) “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, a business promotion, or commercial activity. (24) “State licensing authority” means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storage, distribution, transportation, transfer, and dispensation of regulated natural medicine and regulated natural medicine product in this state pursuant to section 44-50-201. (25) “Transfer” means to grant, convey, hand over, assign, sell, exchange, donate, or barter, in any manner and by any means, with or without remuneration. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. Amended by Laws 2024, Ch. 452 (S.B. 24-198), § 8, eff. June 6, 2024. C. R. S. A. § 44-50-103, CO ST § 44-50-103 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 78 of 305 § 44-50-104. Applicability, CO ST § 44-50-104 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 8 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 1. General Provisions C.R.S.A. § 44-50-104 § 44-50-104. Applicability Effective: July 1, 2023 Currentness (1) All businesses, for the purpose of the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine or regulated natural medicine product, as defined in this article 50, are subject to the terms and conditions of this article 50 and rules promulgated pursuant to this article 50. (2) A person applying for licensure pursuant to this article 50 must complete forms as provided by the state licensing authority and must pay the application fee and the licensing fee, which must be credited to the regulated natural medicine division cash fund established pursuant to section 44-50-601. The state licensing authority shall prioritize reviewing applications from applicants who have established residency in Colorado. (3) This article 50 sets forth the exclusive means that the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine and regulated natural medicine product may occur in this state. (4)(a) Nothing in this article 50 is intended to require an employer to permit or accommodate the use, consumption, possession, cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of or impairment from natural medicine or natural medicine product in the workplace or to affect the ability of employers to have policies restricting the use of or impairment from natural medicine or natural medicine product by employees in the workplace. (b) Nothing in this article 50 prohibits a person, employer, school, hospital, detention facility, corporation, or any other entity that occupies, owns, or controls a property from prohibiting or otherwise regulating the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of natural medicine or natural medicine product on or in that property. (5)(a) A local jurisdiction may enact ordinances or regulations governing the time, place, and manner of the operation of licenses issued pursuant to this article 50 within its boundaries. Page 79 of 305 § 44-50-104. Applicability, CO ST § 44-50-104 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 9 (b) A local jurisdiction may not prohibit the establishment or operation of licenses pursuant to this article 50 within its boundaries. (c) A local jurisdiction may not prohibit the transportation of natural medicine or natural medicine product within its boundaries on public roads by a person licensed to exercise such privileges pursuant to this article 50. (d) A local jurisdiction may not adopt ordinances or regulations that are unreasonable or conflict with this article 50. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-104, CO ST § 44-50-104 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 80 of 305 § 44-50-201. State licensing authority--creation--profiting from..., CO ST § 44-50-201 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 10 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 2. State Licensing Authority C.R.S.A. § 44-50-201 § 44-50-201. State licensing authority--creation--profiting from licensee Effective: July 1, 2023 Currentness (1) For the purpose of regulating and licensing the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of natural medicine or natural medicine product by and between natural medicine licensees in this state, there is created the state licensing authority, which is the executive director, or the director of the natural medicine division if designated by the executive director. (2) The executive director is the chief administrative officer of the state licensing authority and may employ, pursuant to section 13 of article XII of the state constitution, such officers and employees as determined to be necessary. The officers and employees are a part of the department. (3) The executive director of the state licensing authority or a state licensing authority employee with regulatory oversight responsibilities for the natural medicine licensees that are licensed by the state licensing authority shall not work for, represent, provide consulting services to, or otherwise derive pecuniary gain from a natural medicine licensee that is licensed by the state licensing authority 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 state licensing authority. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-201, CO ST § 44-50-201 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 81 of 305 § 44-50-202. Powers and duties of state licensing authority--report, CO ST § 44-50-202 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 11 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 2. State Licensing Authority C.R.S.A. § 44-50-202 § 44-50-202. Powers and duties of state licensing authority--report Effective: July 1, 2023 Currentness (1) The state licensing authority shall: (a) Beginning on or before December 31, 2024, grant or refuse state licenses for the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine or regulated natural medicine product; suspend, fine, restrict, or revoke such licenses, whether active, expired, or surrendered, upon a violation of this article 50 or a rule promulgated pursuant to this article 50; and impose any penalty authorized by this article 50 or a rule promulgated pursuant to this article 50. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 50 as it may with respect to a license issued pursuant to this article 50, in accordance with the procedures established pursuant to this article 50. (b) Promulgate rules for the proper regulation and control of the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine or regulated natural medicine product and for the enforcement of this article 50 and promulgate amended rules and such special rulings and findings as necessary; (c) Conduct investigations and hearings, gather evidence, and pursue disciplinary actions with respect to licenses when the state licensing authority has reasonable cause to believe that a person or entity is violating this article 50 or a rule promulgated pursuant to this article 50; (d)(I) Petition a district court for an investigative subpoena applicable to a person who is not licensed pursuant to this article 50 to obtain documents or information necessary to enforce a provision of this article 50 or a rule promulgated pursuant to this article 50 after reasonable efforts have been made to obtain requested documents or information without a subpoena; (II) Apply to any court of competent jurisdiction to temporarily restrain or preliminarily or permanently enjoin the act in question of a person who is not licensed pursuant to this article 50 and to enforce compliance with this article 50 or a rule promulgated pursuant to this article 50 whenever it appears to the director of the natural medicine division upon sufficient evidence satisfactory to the director of the natural medicine division that a person has been or is committing an act prohibited Page 82 of 305 § 44-50-202. Powers and duties of state licensing authority--report, CO ST § 44-50-202 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 12 by this article 50 or a rule promulgated pursuant to this article 50, and the act: (A) Threatens public health or safety; or (B) Constitutes an unlawful act for which the person does not hold the required license pursuant to this article 50; (e) Hear and determine at a public hearing any contested state license denial and any complaints against a licensee and administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing so held, all in accordance with article 4 of title 24. The state licensing authority may, in its discretion, delegate to the department’s hearing officers the authority to conduct licensing, disciplinary, and rule-making hearings pursuant to section 24-4-105. When conducting the hearings, the hearing officers are employees of the state licensing authority under the direction and supervision of the executive director and the state licensing authority. (f) Develop forms, licenses, identification cards, and applications as necessary or convenient in the discretion of the state licensing authority for the administration of this article 50 or a rule promulgated pursuant to this article 50; (g) In coordination with the division of professions and occupations within the department of regulatory agencies pursuant to section 12-170-105(1)(j), annually publish a publicly available report concerning the implementation and administration of this article 50 and article 170 of title 12. The report must use relevant data, as determined by the state licensing authority and the director, and must not disclose the identity of any participant or include any information that could disclose the identity of a participant. (h) Develop and promote accurate public education campaigns related to the use of natural medicine or natural medicine product, including public service announcements, educational materials, and appropriate crisis response materials, and develop and promote training materials for first responders and multi-responders, including law enforcement, emergency medical providers, social services providers, and fire fighters. (2) Nothing in this article 50 delegates to the state licensing authority the power to fix prices for regulated natural medicine or regulated natural medicine product. (3) Nothing in this article 50 limits a law enforcement agency’s ability to investigate unlawful activity in relation to a natural medicine licensee. A law enforcement agency has the authority to run a Colorado crime information center criminal history record check of a licensee or employee of a licensee during an investigation of unlawful activity related to natural medicine or natural medicine product. (4) The state licensing authority shall coordinate with the executive director of the department of public health and environment concerning the establishment of standards for licensing laboratories pursuant to the requirements outlined in section 25-1.5-120 for regulated natural medicine and regulated natural medicine product. Page 83 of 305 § 44-50-202. Powers and duties of state licensing authority--report, CO ST § 44-50-202 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 13 (5) The state licensing authority shall, when financially feasible, establish procedures, policies, and programs to ensure this article 50 and rules promulgated pursuant to this article 50 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 state licensing authority may consult the board when considering procedures, policies, and programs pursuant to this subsection (5). (6) The state licensing authority has authority to collect available and relevant data necessary to perform functions and duties necessary to administer this article 50. (7) The state licensing authority, in coordination with other relevant agencies, shall request available and relevant data concerning law enforcement incidences, adverse health events, impacts to health-care systems, consumer protection claims, and behavioral health impacts related to natural medicine, natural medicine product, and natural medicine businesses. The state licensing authority shall include the available and relevant data in the report required pursuant to subsection (1)(g) of this section. (8) The state licensing authority shall perform other functions and duties necessary to administer this article 50. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-202, CO ST § 44-50-202 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 84 of 305 § 44-50-203. State licensing authority--rules, CO ST § 44-50-203 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 14 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 2. State Licensing Authority C.R.S.A. § 44-50-203 § 44-50-203. State licensing authority--rules Effective: June 6, 2024 Currentness (1) Mandatory rule-making. Rules promulgated pursuant to section 44-50-202(1)(b) must include the following subjects: (a) Procedures and requirements consistent with this article 50 for the issuance, denial, renewal, reinstatement, modification, suspension, and revocation of licenses; (b) Oversight requirements for licensees; (c) A schedule of application, licensing, and renewal fees for licenses; (d) Qualifications and eligibility requirements for licensure pursuant to this article 50, including continuing eligibility expectations, including timely paying taxes owed to the department of revenue, timely filing tax returns, and timely curing any tax deficiencies, and authorization for the department of revenue to have access to licensing information to ensure tax payment for the effective administration of this article 50; (e) Permissible and prohibited financial interests in a license issued pursuant to this article 50 or a license issued pursuant to article 170 of title 12; except that an individual shall not have a financial interest in more than five natural medicine business licenses; (f)(I) Establishment of a natural medicine independent testing and certification program for licensees within an implementation time frame established by the division, requiring licensees to test regulated natural medicine and regulated natural medicine product to ensure, at a minimum, that regulated natural medicine and regulated natural medicine product transferred for human consumption by persons licensed pursuant to this article 50 do not contain contaminants that are injurious to health and to ensure correct labeling, as well as: Page 85 of 305 § 44-50-203. State licensing authority--rules, CO ST § 44-50-203 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 15 (A) Certification requirements for laboratories that test regulated natural medicine and regulated natural medicine product and requirements that the test results produced by a laboratory must not be used unless the laboratory is certified; (B) Testing requirements for regulated natural medicine and regulated natural medicine product by licensees; (C) Whether to allow for any natural person to request and utilize testing services of natural medicine and natural medicine product if the natural person is twenty-one years of age or older; (D) Definitions, permissions, and prohibitions concerning conflicts of interest related to, and economic interests for, persons who own or are associated with a natural medicine testing license and other licenses; and (E) Procedures and requirements necessary to facilitate the coordination of duties with respect to the natural medicine testing and certification program with the department of public health and environment. (II) The state licensing authority shall promulgate rules pursuant to this subsection (1)(f) in coordination with the department of public health and environment to ensure consistency between rules. (g) Regulation of a licensed premises, including rules that allow a natural medicine healing center licensee’s licensed premises to be co-located with another natural medicine healing center licensee’s licensed premises or a health-care facility; (h) Requirements for the transportation of regulated natural medicine and regulated natural medicine product, including: (I) Security requirements; (II) Transportation vehicle requirements, including requirements for surveillance; (III) Limits on the amount of regulated natural medicine and regulated natural medicine product that may be carried in a transportation vehicle; (IV) Record-keeping requirements; and Page 86 of 305 § 44-50-203. State licensing authority--rules, CO ST § 44-50-203 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 16 (V) Transportation manifest requirements; (i) Limits on the amount of regulated natural medicine and regulated natural medicine product that is allowed for production by a natural medicine cultivation facility license or natural medicine product manufacturer license based on a metric or set of metrics. When considering any limitations, the state licensing authority shall consider the total current and anticipated demand for regulated natural medicine and regulated natural medicine product in Colorado and attempt to minimize the market for unlawful natural medicine and natural medicine product. (j) Records to be kept by licensees and the required availability of the records for inspection by the state licensing authority; (k) Requirements to prevent the transfer or diversion of natural medicine or natural medicine product to persons under twenty-one years of age; (l) Permitted and prohibited transfers of regulated natural medicine and regulated natural medicine product between licensees; (m) Standards for advertising and marketing a licensee’s services, including: Avoiding the misappropriation and exploitation of the federally recognized American tribes, as defined in section 12-170-104(7), 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 state licensing authority; (n) Standards for qualification as a licensee, including environmental, social, and governance criteria directed to the findings and declarations set forth in section 12-170-102. (2) Permissive rule-making. Rules promulgated pursuant to section 44-50-202(1)(b) may include, but need not be limited to, the following subjects: (a) Establishment of licenses, and the privileges and restrictions pursuant to such licenses, determined necessary by the state licensing authority to implement or administer this article 50; (b) Establishment of a principle file process and requirements for an applicant seeking to exercise the privileges of a license type in multiple locations or seeking to exercise the privileges of multiple license types; (c) Requirements for issuance of co-location permits to a licensee authorizing co-location with another licensed premises; Page 87 of 305 § 44-50-203. State licensing authority--rules, CO ST § 44-50-203 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 17 (d) Requirements and restrictions on different types of regulated natural medicine or regulated natural medicine product; (e) Packaging and labeling requirements for regulated natural medicine or regulated natural medicine product, including: (I) Warning labels; (II) Individual serving and per-package serving amounts; and (III) Concentration of the regulated natural medicine or regulated natural medicine product; (f) Security requirements for licensed premises, including lighting, physical security, video, and alarm requirements, and other minimum procedures for internal control as deemed necessary by the state licensing authority to properly administer and enforce the provisions of this article 50, including reporting requirements for changes, alterations, modifications to the premises, or activities or incidents on the premises; (g) Health and safety regulations and standards; (h) Sanitary requirements; (i) Waste, disposal, and destruction requirements of regulated natural medicine or regulated natural medicine product, including record-keeping requirements; (j) Storage and transportation of regulated natural medicine or regulated natural medicine product; (k) Requirements of licensees to track and manage inventory; (l) Compliance with, enforcement of, or violation of any provision of this article 50, article 18 of title 18, or any rule promulgated pursuant to this article 50, including procedures and grounds for denying, suspending, fining, modifying, restricting, or revoking a state license issued pursuant to this article 50 or any rule promulgated pursuant to this article 50; Page 88 of 305 § 44-50-203. State licensing authority--rules, CO ST § 44-50-203 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 18 (m) Establishing a schedule of penalties for alleged violations of statutes and rules; (n) Specifications of duties of officers and employees of the state licensing authority; (o) Guidance for law enforcement officers; (p) Requirements for inspections, investigations, searches, seizures, forfeitures, embargoes, quarantines, recalls, destruction, and such additional activities as may become necessary; (q) Prohibition of misrepresentation and unfair practices; and (r) Such other matters as are necessary for the fair, impartial, stringent, and comprehensive administration of this article 50. (3) The state licensing authority shall consult the board when considering and promulgating rules pursuant to this section. (4)(a) The state licensing authority may, by rule, establish procedures for the conditional issuance of an employee license identification card at the time of application. (b)(I) The state licensing authority shall base its issuance of an employee license identification card pursuant to this subsection (4) on the results of an initial investigation that demonstrates the applicant is qualified to hold a license. The employee license application for which an employee license identification card was issued pursuant to this subsection (4) remains subject to denial pending the complete results of the applicant’s initial fingerprint-based criminal history record check. (II) Results of a fingerprint-based criminal history record check that demonstrate that an applicant possessing an employee license identification card pursuant to this subsection (4) is not qualified to hold a license issued pursuant to this article 50 are grounds for denial of the employee license application. If the employee license application is denied, the applicant shall return the employee license identification card to the state licensing authority within a time period that the state licensing authority establishes by rule. (III) The state licensing authority shall require the applicant to have the applicant’s fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation. If an approved third party takes the applicant’s fingerprints, the fingerprints may be electronically captured using the Colorado bureau of investigation’s approved livescan equipment. A third party shall not keep the applicant information for more than thirty days unless Page 89 of 305 § 44-50-203. State licensing authority--rules, CO ST § 44-50-203 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 19 requested by the applicant. The state licensing authority shall send the applicant’s fingerprints to the Colorado bureau of investigation for the purpose of fingerprint processing by utilizing the files and records of the Colorado bureau of investigation and the federal bureau of investigation. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. Amended by Laws 2024, Ch. 452 (S.B. 24-198), § 9, eff. June 6, 2024. C. R. S. A. § 44-50-203, CO ST § 44-50-203 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 90 of 305 § 44-50-204. Confidentiality, CO ST § 44-50-204 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 20 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 2. State Licensing Authority C.R.S.A. § 44-50-204 § 44-50-204. Confidentiality Effective: July 1, 2023 Currentness (1) The state licensing authority shall maintain the confidentiality of: (a) Reports or other information obtained from a licensee or a license applicant containing any individualized data, information, or records related to the applicant; licensee; licensee’s operation, including sales information, leases, business organization records, financial records, tax returns, credit reports, cultivation information, testing results, and security information and plans; any participant information; or any other records that are exempt from public inspection pursuant to state law. Such reports or other information may be used only for a purpose authorized by this article 50 or a rule promulgated pursuant to this article 50 for investigation or enforcement of any international, federal, state, or local securities law or regulation or for any other state or local law enforcement purpose. Any information released related to a participant may be used only for a purpose authorized by this article 50, as a part of an active investigation, as a part of a proceeding authorized by this article 50, or for any state or local law enforcement purpose involving evidence of sales transactions in violation of this article 50 or evidence of criminal activity. The information or records related to a participant constitute medical data as described by 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. (b) Investigative records and documents related to ongoing investigations. Those records and documents may be used only for a purpose authorized by this article 50 or rules promulgated by this article 50 or for any other state or local law enforcement purpose. (c) Computer systems maintained by the state licensing authority and the vendors with which the state licensing authority has contracted. (2) The state licensing authority shall make available for public inspection: (a) Documents related to final agency actions and orders; Page 91 of 305 § 44-50-204. Confidentiality, CO ST § 44-50-204 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 21 (b) Records related to testing on an aggregated and de-identified basis; (c) Demographic information related to applicants and licensees available on an aggregated and de-identified basis; and (d) Enforcement forms and compliance checklists. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-204, CO ST § 44-50-204 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 92 of 305 § 44-50-301. Classes of licenses, CO ST § 44-50-301 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 22 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 3. License Types C.R.S.A. § 44-50-301 § 44-50-301. Classes of licenses Effective: June 6, 2024 Currentness (1) For the purpose of regulating the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine or regulated natural medicine product, the state licensing authority in its discretion, upon application in the prescribed form, may issue and grant to the applicant a license from any of the classes listed in subsection (2) of this section, subject to the provisions and restrictions provided by this article 50 or a rule promulgated pursuant to this article 50. (2)(a) The following are natural medicine business licenses: (I) Natural medicine healing center license; (II) Natural medicine cultivation facility license; (III) Natural medicine product manufacturer license; (IV) Natural medicine testing facility license; and (V) Any natural medicine business license determined necessary by the state licensing authority. (b) The following are natural medicine licenses or registrations: Occupational licenses and registrations for owners, managers, operators, employees, contractors, and other support staff employed by, working in, or having access to restricted areas of the licensed premises, as determined by the state licensing authority. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 50 or rules promulgated pursuant to this article 50 as it Page 93 of 305 § 44-50-301. Classes of licenses, CO ST § 44-50-301 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 23 may with respect to a license issued pursuant to this article 50 or rules promulgated pursuant to this article 50 in accordance with the procedures established pursuant to this article 50 or rules promulgated pursuant to this article 50. (3) A state chartered bank or a credit union may loan money to any person licensed pursuant to this article 50 or rules promulgated pursuant to this article 50 for the operation of a licensed natural medicine business. (4)(a) Except as provided in subsection (4)(b) of this section, a person shall not operate a license issued pursuant to this article 50 at the same location as a license or permit issued pursuant to article 3, 4, 5, or 10 of this title 44. (b) A person may operate a natural medicine testing facility license issued pursuant to section 44-50-404 at the same location as a regulated marijuana testing facility license issued pursuant to article 10 of this title 44. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. Amended by Laws 2024, Ch. 452 (S.B. 24-198), § 10, eff. June 6, 2024. C. R. S. A. § 44-50-301, CO ST § 44-50-301 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 94 of 305 § 44-50-302. Restrictions for applications for new licenses, CO ST § 44-50-302 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 24 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 3. License Types C.R.S.A. § 44-50-302 § 44-50-302. Restrictions for applications for new licenses Effective: July 1, 2023 Currentness (1) The state licensing authority shall not receive or act upon an application for the issuance of a natural medicine business license pursuant to this article 50: (a) If the application for a license concerns a particular location that is the same as or within one thousand feet of a location for which, within the two years immediately preceding the date of the application, the state licensing authority denied an application for the same class of license due to the nature of the use or other concern related to the location; (b) Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises; (c) For a location in an area where the cultivation, manufacturing, testing, storage, distribution, transfer, and dispensation of natural medicine or natural medicine product as contemplated is not permitted under the applicable zoning laws of the local jurisdiction; (d)(I) If the building where natural medicine services are provided is within one thousand feet of a child care center; preschool; elementary, middle, junior, or high school; or a residential child care facility. The provisions of this section do not affect the renewal or reissuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality, nor do the provisions of this section apply to an existing licensed premises on land owned by the state or apply to a license in effect and actively doing business before the school or facility was constructed. The governing body of a municipality, by ordinance, and the governing body of a county, by resolution, may vary the distance restrictions imposed by this subsection (1)(d)(I) for a license or may eliminate one or more types of schools or facilities from the application of a distance restriction established by or pursuant to this subsection (1)(d)(I). (II) The distances referred to in this subsection (1)(d) must be computed by direct measurement from the nearest property line of the land used for a school or facility to the nearest portion of the building in which natural medicine services are provided, Page 95 of 305 § 44-50-302. Restrictions for applications for new licenses, CO ST § 44-50-302 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 25 using a route of direct pedestrian access. (III) The state licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the natural medicine business is located is within any distance restrictions established by or pursuant to this subsection (1)(d). (2) The state licensing authority shall not approve an application for the issuance of a natural medicine business license pursuant to this article 50 until the state licensing authority establishes that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-302, CO ST § 44-50-302 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 96 of 305 § 44-50-401. Natural medicine healing center license--rules, CO ST § 44-50-401 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 26 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 4. Natural Medicine License Types C.R.S.A. § 44-50-401 § 44-50-401. Natural medicine healing center license--rules Effective: June 6, 2024 Currentness (1) A natural medicine healing center license may be issued only to a person that employs or contracts with a facilitator who provides natural medicine services pursuant to the terms and conditions of article 170 of title 12. (2) A natural medicine healing center licensee may transfer regulated natural medicine or regulated natural medicine product to another natural medicine healing center licensee or a facilitator pursuant to rules promulgated by the state licensing authority. (3) Prior to initiating natural medicine services, the facilitator of the natural medicine healing center licensee shall verify that the participant is twenty-one years of age or older. (4) A natural medicine healing center licensee shall comply with all provisions of article 34 of title 24, as the provisions relate to persons with disabilities. (5)(a) Except as provided in subsection (5)(b) of this section, a natural medicine healing center licensee shall not transfer, individually or in any combination, more than an amount promulgated by rule of natural medicine and natural medicine product to a participant in a single administration session. (b) The state licensing authority may promulgate rules to establish certain exemptions to the natural medicine or natural medicine product limitation and may establish record-keeping requirements for natural medicine healing center licensees pursuant to any exemption to the administration limitation. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. Amended by Laws 2024, Ch. 452 (S.B. 24-198), § 11, Page 97 of 305 § 44-50-401. Natural medicine healing center license--rules, CO ST § 44-50-401 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 27 eff. June 6, 2024. C. R. S. A. § 44-50-401, CO ST § 44-50-401 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 98 of 305 § 44-50-402. Natural medicine cultivation facility license, CO ST § 44-50-402 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 28 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 4. Natural Medicine License Types C.R.S.A. § 44-50-402 § 44-50-402. Natural medicine cultivation facility license Effective: June 6, 2024 Currentness (1) A natural medicine cultivation facility license may be issued pursuant to state licensing authority rules and only to a person who cultivates regulated natural medicine for transfer and distribution to natural medicine healing center licensees, natural medicine product manufacturer licensees, other natural medicine cultivation facility licensees, or other persons licensed under article 170 of title 12 or this article 50. (2) Natural medicine or natural medicine product must not be consumed on the natural medicine cultivation facility licensee’s licensed premises, unless the licensed premises is co-located with a natural medicine healing center licensee’s licensed premises. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. Amended by Laws 2024, Ch. 452 (S.B. 24-198), § 12, eff. June 6, 2024. C. R. S. A. § 44-50-402, CO ST § 44-50-402 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 99 of 305 § 44-50-403. Natural medicine product manufacturer license, CO ST § 44-50-403 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 29 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 4. Natural Medicine License Types C.R.S.A. § 44-50-403 § 44-50-403. Natural medicine product manufacturer license Effective: June 6, 2024 Currentness (1)(a) A natural medicine product manufacturer license may be issued to a person who manufactures regulated natural medicine product pursuant to the terms and conditions of this article 50 and rules promulgated pursuant to this article 50. (b) A natural medicine product manufacturer licensee may cultivate its own regulated natural medicine pursuant to a natural medicine cultivation facility license. (c) A natural medicine product manufacturer licensee shall not: (I) Add any regulated natural medicine to a food product if the manufacturer of the food product holds a trademark to the food product’s name; except that a natural medicine product manufacturer licensee may use a trademarked food product if the manufacturer uses the product as a component or as part of a recipe and if the natural medicine product manufacturer licensee does not state or advertise to the consumer that the final natural medicine product contains a trademarked food product; (II) Intentionally or knowingly label or package natural medicine or natural medicine product in a manner that would cause a reasonable consumer confusion as to whether the natural medicine product was a trademarked food product; or (III) Label or package a product in a manner that violates any federal trademark law or regulation. (2) Natural medicine and natural medicine product must not be consumed on a natural medicine product manufacturer licensee’s licensed premises, unless the licensed premises is co-located with a natural medicine healing center licensee’s licensed premises. Page 100 of 305 § 44-50-403. Natural medicine product manufacturer license, CO ST § 44-50-403 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 30 (3) Pursuant to rules promulgated by the state licensing authority, a natural medicine product manufacturer licensee may transfer and distribute regulated natural medicine and a regulated natural medicine product to another person licensed under article 170 of title 12 or another person licensed under this article 50. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. Amended by Laws 2024, Ch. 452 (S.B. 24-198), § 13, eff. June 6, 2024. C. R. S. A. § 44-50-403, CO ST § 44-50-403 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 101 of 305 § 44-50-404. Natural medicine testing facility license--rules, CO ST § 44-50-404 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 31 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 4. Natural Medicine License Types C.R.S.A. § 44-50-404 § 44-50-404. Natural medicine testing facility license--rules Effective: July 1, 2023 Currentness (1)(a) A natural medicine testing facility license may be issued to a person who performs testing and research on natural medicine and natural medicine product. (b) The testing of natural medicine and natural medicine product, and the associated standards, is a matter of statewide concern. (2) The state licensing authority shall promulgate rules related to acceptable testing and research practices, including but not limited to testing, standards, quality control analysis, equipment certification and calibration, identification of chemicals and other substances used in bona fide research methods, and whether to allow a natural person to request and utilize testing services of natural medicine and natural medicine product if the natural person is twenty-one years of age or older. (3) A person who has an interest in a natural medicine testing facility license shall not have any interest in a licensed natural medicine healing center, a licensed natural medicine cultivation facility, a licensed natural medicine product manufacturer, or a natural medicine license issued by the state licensing authority pursuant to this article 50 or rules promulgated pursuant to this article 50. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-404, CO ST § 44-50-404 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 102 of 305 § 44-50-404. Natural medicine testing facility license--rules, CO ST § 44-50-404 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 32 Page 103 of 305 § 44-50-501. Unlawful acts, CO ST § 44-50-501 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 33 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 5. Unlawful Acts C.R.S.A. § 44-50-501 § 44-50-501. Unlawful acts Effective: July 1, 2023 Currentness (1) Except as otherwise provided in this article 50, it is unlawful for a licensee to: (a) Knowingly transfer natural medicine or a natural medicine product to a person under twenty-one years of age; or (b) Knowingly adulterate or alter, or attempt to adulterate or alter, any sample of regulated natural medicine or a natural medicine product for the purpose of circumventing testing requirements. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-501, CO ST § 44-50-501 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 104 of 305 § 44-50-601. Regulated natural medicine cash..., CO ST § 44-50-601 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 34 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 6. Fees C.R.S.A. § 44-50-601 § 44-50-601. Regulated natural medicine cash fund--created--rules--fees Effective: July 1, 2023 Currentness (1)(a) All money collected by the state licensing authority pursuant to this article 50 or rules promulgated pursuant to this article 50 must be transmitted to the state treasurer, who shall credit the same to the regulated natural medicine division cash fund, which is hereby created. The regulated natural medicine division cash fund, referred to in this section as the “fund”, consists of: (I) The money collected by the state licensing authority; and (II) Any additional general fund money appropriated to the fund that is necessary for the operation of the state licensing authority. (b) Money in the fund is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this article 50. (c) Any money in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund or another fund. (2) The executive director by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402(3) to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director 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 105 of 305 § 44-50-601. Regulated natural medicine cash..., CO ST § 44-50-601 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 35 (3)(a) The state licensing authority shall establish fees for processing the applications or licenses pursuant to section 44-50-301. (b) The amounts of such fees, when added to the other fees transferred to the fund pursuant to this section, must reflect the actual direct and indirect costs of the state licensing authority in the administration and enforcement of this article 50 so that the fees avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds as set forth in section 24-75-402(3). (c) The state licensing authority may charge applicants licensed pursuant to this article 50 a fee for the cost of each fingerprint analysis and background investigation undertaken to qualify new officers, directors, managers, or employees. (d) At least annually, the state licensing authority shall review the amounts of the fees and, if necessary, adjust the amounts to reflect the direct and indirect costs of the state licensing authority. (e) The fees established and collected pursuant to this section must not exceed the amount necessary to administer this article 50. (4) Except as provided in subsection (5) of this section, the state licensing authority shall establish a basic fee that shall be paid at the time of service of any subpoena upon the state licensing authority, plus a fee for meals and a fee for mileage at the rate prescribed for state officers and employees in section 24-9-104 for each mile actually and necessarily traveled in going to and returning from the place named in the subpoena. If the person named in the subpoena is required to attend the place named in the subpoena for more than one day, there shall be paid, in advance, a sum to be established by the state licensing authority for each day of attendance to cover the expenses of the person named in the subpoena. (5) The subpoena fee established pursuant to subsection (4) of this section does not apply to any federal, state, or local governmental agency. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-601, CO ST § 44-50-601 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 106 of 305 § 44-50-602. Fees--allocation, CO ST § 44-50-602 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 36 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 6. Fees C.R.S.A. § 44-50-602 § 44-50-602. Fees--allocation Effective: July 1, 2023 Currentness (1) Except as otherwise provided, all fees and fines provided for by this article 50 shall be paid to the state licensing authority, which shall transmit the fees to the state treasurer. The state treasurer shall credit the fees to the regulated natural medicine division cash fund created in section 44-50-601. (2) The expenditures of the state licensing authority are paid out of appropriations from the regulated natural medicine division cash fund created in section 44-50-601. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-602, CO ST § 44-50-602 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 107 of 305 § 44-50-701. Suspension--revocation--fines, CO ST § 44-50-701 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 37 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 7. Disciplinary Actions C.R.S.A. § 44-50-701 § 44-50-701. Suspension--revocation--fines Effective: July 1, 2023 Currentness (1) In addition to any other sanctions prescribed by this article 50 or rules promulgated pursuant to this article 50, the state licensing authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee must be afforded an opportunity to be heard, to fine a licensee or to suspend or revoke a license issued by the authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this article 50, or any of the rules promulgated pursuant to this article 50, or of any of the terms, conditions, or provisions of the license issued by the state licensing authority. The state licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a hearing that the state licensing authority is authorized to conduct. (2) The state licensing authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to subsection (1) of this section, by mailing the same in writing to the licensee at the address contained in the license and, if different, at the last address furnished to the authority by the licensee. Except in the case of a summary suspension, a suspension may not exceed six months. If a license is suspended or revoked, a part of the fees paid for the license is not returned to the licensee. Any license, registration, or permit may be summarily suspended by the state licensing authority without notice pending any prosecution, investigation, or public hearing pursuant to the terms of section 24-4-104(4). Nothing in this section prevents the summary suspension of a license pursuant to section 24-4-104(4). Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-701, CO ST § 44-50-701 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 108 of 305 § 44-50-801. Judicial review, CO ST § 44-50-801 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 38 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 8. Judicial Review C.R.S.A. § 44-50-801 § 44-50-801. Judicial review Effective: July 1, 2023 Currentness Decisions by the state licensing authority are subject to judicial review pursuant to section 24-4-106. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-801, CO ST § 44-50-801 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 109 of 305 § 44-50-901. Protections, CO ST § 44-50-901 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 39 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 9. Protections, Construction, Preemption, and Severability C.R.S.A. § 44-50-901 § 44-50-901. Protections Effective: July 1, 2023 Currentness (1) Subject to the limitations in this article 50 and article 170 of title 12, but notwithstanding any other provision of law: (a) Actions and conduct permitted pursuant to a license, registration, or permit issued by the state licensing authority pursuant to this article 50, or by those who allow property to be used pursuant to a license issued pursuant to this article 50, are lawful and are not an offense under state law or the laws of any local jurisdiction within the state; are not subject to a civil fine, penalty, or sanction; are not a basis for detention, search, or arrest; are not a basis to deny any right or privilege; and are not a basis 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 50, is prohibited by federal law; (c) A licensee, registrant, or permittee pursuant to this article 50 is not subject to discipline or loss of a professional license or certification for providing advice or services arising out of or related to natural medicine or natural medicine product, applications for licenses on the basis that natural medicine or natural medicine product is prohibited by federal law, or for personal use of natural medicine or natural medicine product as allowed pursuant to this article 50. This subsection (1)(c) does not permit a licensee, registrant, or permittee to engage in malpractice. (d) Mental health care, substance use disorder intervention, or behavioral health services otherwise covered under 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 or natural medicine product is prohibited by federal law. Insurance or an insurance provider is not required to cover the cost of natural medicine or natural medicine product. (e) Nothing in this section may be construed or interpreted to prevent the director of the natural medicine division from enforcing its rules against a licensee or to limit a state or local law enforcement agency’s ability to investigate unlawful activity in relation to a licensee. Page 110 of 305 § 44-50-901. Protections, CO ST § 44-50-901 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 40 Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-901, CO ST § 44-50-901 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 111 of 305 § 44-50-902. Liberal construction, CO ST § 44-50-902 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 41 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 9. Protections, Construction, Preemption, and Severability C.R.S.A. § 44-50-902 § 44-50-902. Liberal construction Effective: July 1, 2023 Currentness This article 50 must be liberally construed to effectuate its purpose. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-902, CO ST § 44-50-902 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 112 of 305 § 44-50-903. Preemption, CO ST § 44-50-903 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 42 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 9. Protections, Construction, Preemption, and Severability C.R.S.A. § 44-50-903 § 44-50-903. Preemption Effective: July 1, 2023 Currentness A local jurisdiction shall not adopt, enact, or enforce any ordinance, rule, or resolution that are otherwise in conflict with the provisions of this article 50. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-903, CO ST § 44-50-903 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 113 of 305 § 44-50-904. Severability, CO ST § 44-50-904 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 43 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 9. Protections, Construction, Preemption, and Severability C.R.S.A. § 44-50-904 § 44-50-904. Severability Effective: July 1, 2023 Currentness If any provision of this article 50 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this article 50 are valid, unless it appears to the court that the valid provisions of the statute are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the general assembly would have enacted the valid provisions without the void one; or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. C. R. S. A. § 44-50-904, CO ST § 44-50-904 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 114 of 305 § 44-50-1001. Sunset review--repeal of article, CO ST § 44-50-1001 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 44 West’s Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Article 50. Colorado Natural Medicine Code Part 10. Sunset Review--Article Repeal C.R.S.A. § 44-50-1001 § 44-50-1001. Sunset review--repeal of article Effective: July 1, 2023 Currentness (1) This article 50 is repealed, effective September 1, 2032. (2) Prior to the repeal of this article 50, the department of regulatory agencies shall conduct a sunset review as described in section 24-34-104(5). Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 21, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this article, see this section.> C. R. S. A. § 44-50-1001, CO ST § 44-50-1001 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 115 of 305 § 12-170-101. Short title, CO ST § 12-170-101 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-101 § 12-170-101. Short title Effective: December 27, 2022 Currentness The short title of this article 170 is the “Natural Medicine Health Act of 2022.” Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. C. R. S. A. § 12-170-101, CO ST § 12-170-101 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 116 of 305 § 12-170-102. Legislative declaration, CO ST § 12-170-102 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 2 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-102 § 12-170-102. Legislative declaration Effective: July 1, 2023 Currentness (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; Page 117 of 305 § 12-170-102. Legislative declaration, CO ST § 12-170-102 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 3 (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; Page 118 of 305 § 12-170-102. Legislative declaration, CO ST § 12-170-102 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 4 (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; and (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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Amended by Laws 2023, Ch. 249 (S.B. 23-290), § 1, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-102, CO ST § 12-170-102 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 119 of 305 § 12-170-103. Applicability of common provisions, CO ST § 12-170-103 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 5 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-103 § 12-170-103. Applicability of common provisions Effective: July 1, 2023 Currentness Articles 1 and 20 of this title 12 apply, according to their terms, to this article 170. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 2, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-103, CO ST § 12-170-103 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 120 of 305 § 12-170-104. Definitions, CO ST § 12-170-104 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 6 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-104 § 12-170-104. Definitions Effective: June 6, 2024 Currentness 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 state 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”, as amended. Page 121 of 305 § 12-170-104. Definitions, CO ST § 12-170-104 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 7 (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. Page 122 of 305 § 12-170-104. Definitions, CO ST § 12-170-104 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 8 (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, contract right, chose in action, 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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 3, eff. July 1, 2023. Amended by Laws 2024, Ch. 452 (S.B. 24-198), § 2, eff. June 6, 2024. Page 123 of 305 § 12-170-104. Definitions, CO ST § 12-170-104 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 9 Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-104, CO ST § 12-170-104 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 124 of 305 § 12-170-105. Director powers and duties--prohibition--rules, CO ST § 12-170-105 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 10 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-105 § 12-170-105. Director powers and duties--prohibition--rules Effective: June 6, 2024 Currentness (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 Page 125 of 305 § 12-170-105. Director powers and duties--prohibition--rules, CO ST § 12-170-105 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 11 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; (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; Page 126 of 305 § 12-170-105. Director powers and duties--prohibition--rules, CO ST § 12-170-105 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 12 (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; (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; Page 127 of 305 § 12-170-105. Director powers and duties--prohibition--rules, CO ST § 12-170-105 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 13 (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 to 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; (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; Page 128 of 305 § 12-170-105. Director powers and duties--prohibition--rules, CO ST § 12-170-105 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 14 (h)(I) Repealed by Laws 2024, Ch. 452 (S.B. 24-198), § 3, eff. June 6, 2024. (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. Page 129 of 305 § 12-170-105. Director powers and duties--prohibition--rules, CO ST § 12-170-105 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 15 (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. (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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 4, eff. July 1, 2023. Amended by Laws 2024, Ch. 452 (S.B. 24-198), § 3, eff. June 6, 2024. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> Page 130 of 305 § 12-170-105. Director powers and duties--prohibition--rules, CO ST § 12-170-105 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 16 C. R. S. A. § 12-170-105, CO ST § 12-170-105 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 131 of 305 § 12-170-106. Board--creation--appointment--duties--report, CO ST § 12-170-106 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 17 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-106 § 12-170-106. Board--creation--appointment--duties--report Effective: July 1, 2023 Currentness (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 Page 132 of 305 § 12-170-106. Board--creation--appointment--duties--report, CO ST § 12-170-106 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 18 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; Page 133 of 305 § 12-170-106. Board--creation--appointment--duties--report, CO ST § 12-170-106 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 19 (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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 5, eff. July 1, 2023. Editors’ Notes REPEAL Page 134 of 305 § 12-170-106. Board--creation--appointment--duties--report, CO ST § 12-170-106 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 20 <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-106, CO ST § 12-170-106 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 135 of 305 § 12-170-107. Federally recognized American tribes and..., CO ST § 12-170-107 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 21 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-107 § 12-170-107. Federally recognized American tribes and Indigenous community working group--creation--duties Effective: July 1, 2023 Currentness (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. Page 136 of 305 § 12-170-107. Federally recognized American tribes and..., CO ST § 12-170-107 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 22 Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 6, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-107, CO ST § 12-170-107 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 137 of 305 § 12-170-108. License required--unauthorized..., CO ST § 12-170-108 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 23 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-108 § 12-170-108. License required--unauthorized practice--mandatory disclosure of information Effective: July 1, 2023 Currentness (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 Page 138 of 305 § 12-170-108. License required--unauthorized..., CO ST § 12-170-108 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 24 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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 7, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-108, CO ST § 12-170-108 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 139 of 305 § 12-170-109. Grounds for discipline, CO ST § 12-170-109 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 25 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-109 § 12-170-109. Grounds for discipline Effective: July 1, 2023 Currentness (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 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; Page 140 of 305 § 12-170-109. Grounds for discipline, CO ST § 12-170-109 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 26 (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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 8, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-109, CO ST § 12-170-109 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 141 of 305 § 12-170-110. Disciplinary proceedings--administrative law..., CO ST § 12-170-110 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 27 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-110 § 12-170-110. Disciplinary proceedings--administrative law judges--judicial review Effective: July 1, 2023 Currentness (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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 9, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> Page 142 of 305 § 12-170-110. Disciplinary proceedings--administrative law..., CO ST § 12-170-110 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 28 C. R. S. A. § 12-170-110, CO ST § 12-170-110 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 143 of 305 § 12-170-111. Fees--cash fund--created, CO ST § 12-170-111 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 29 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-111 § 12-170-111. Fees--cash fund--created Effective: July 1, 2023 Currentness (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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 10, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> Page 144 of 305 § 12-170-111. Fees--cash fund--created, CO ST § 12-170-111 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 30 C. R. S. A. § 12-170-111, CO ST § 12-170-111 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 145 of 305 § 12-170-112. Local jurisdiction, CO ST § 12-170-112 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 31 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-112 § 12-170-112. Local jurisdiction Effective: July 1, 2023 Currentness (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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 11, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-112, CO ST § 12-170-112 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 146 of 305 § 12-170-113. Protections, CO ST § 12-170-113 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 32 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-113 § 12-170-113. Protections Effective: July 1, 2023 Currentness (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 Page 147 of 305 § 12-170-113. Protections, CO ST § 12-170-113 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 33 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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 12, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-113, CO ST § 12-170-113 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 148 of 305 § 12-170-114. Liberal construction, CO ST § 12-170-114 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 34 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-114 § 12-170-114. Liberal construction Effective: July 1, 2023 Currentness This article 170 must be liberally construed to effectuate its purpose. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 13, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-114, CO ST § 12-170-114 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 149 of 305 § 12-170-115. Preemption, CO ST § 12-170-115 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 35 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-115 § 12-170-115. Preemption Effective: July 1, 2023 Currentness 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. Credits Added by Laws 2022, I.P. 58 (Proposition 122), § 1, eff. upon proclamation of the governor, Dec. 27, 2022. Repealed and reenacted by Laws 2023, Ch. 249 (S.B. 23-290), § 14, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-115, CO ST § 12-170-115 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 150 of 305 § 12-170-116. Self-executing, severability, conflicting provisions, CO ST § 12-170-116 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 36 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-116 § 12-170-116. Self-executing, severability, conflicting provisions Effective: July 1, 2023 Currentness 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. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 15, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this section, see § 12-170-117.> C. R. S. A. § 12-170-116, CO ST § 12-170-116 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 151 of 305 § 12-170-117. Repeal of article--review of functions, CO ST § 12-170-117 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 37 West’s Colorado Revised Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) Business Professions and Occupations Article 170. Natural Medicine Health Act of 2022 C.R.S.A. § 12-170-117 § 12-170-117. Repeal of article--review of functions Effective: July 1, 2023 Currentness 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. Credits Added by Laws 2023, Ch. 249 (S.B. 23-290), § 16, eff. July 1, 2023. Editors’ Notes REPEAL <For repeal of this article, see this section.> C. R. S. A. § 12-170-117, CO ST § 12-170-117 Current through legislation effective August 7, 2024 of the Second Regular Session, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. Page 152 of 305 1 DEPARTMENT OF REGULATORY AGENCIES Office of Natural Medicine Licensure NATURAL MEDICINE LICENSURE RULES AND REGULATIONS 4 CCR 755-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ … 1: GENERAL 1.1 Authority These rules and regulations are adopted pursuant to the authority in sections 12-20-204 and 12-170- 105(1)(a), C.R.S., and are intended to be consistent with the requirements of the State Administrative Procedure Act, sections 24-4-101, et seq., C.R.S. (the “APA”), and the Natural Medicine Health Act of 2022 at sections 12-170-101, et seq. and 44-50-101, et seq., C.R.S. (the “Practice Act”). 1.2 Scope and Purpose These rules and regulations shall govern the process to become licensed as a facilitator, to identify the requirements for approval of training programs for facilitators, and to identify the course content for training programs for facilitators in Colorado. 1.3 Applicability These regulations are applicable to the requirements for obtaining and maintaining a license as a facilitator, for the practice of natural medicine facilitation, and for approval of educational programs in Colorado. 1.4 Definitions [RESERVED] 2: LICENSURE A. Basis and Purpose Section 2 of these Rules are intended to establish requirements for licensure as Facilitator, Clinical Facilitator, Distinguished Educator, and Training licensees. B. Authority Section 2 of these Rules are adopted pursuant to the authority in sections 12-20-204, 12-170- 105(1)(a), and 24-4-103, C.R.S. 2.1 General Requirements for All Applicants A. General Provisions. To be eligible to apply for any Facilitator license, an applicant must: 1. Be over the age of 21; Page 153 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 2 2. Provide proof of Basic Life Support or equivalent certification; 3. Submit a complete application, in a manner approved by the Director; and 4. Pay the application fee. B. In evaluating applications, the Director will assess applicants who have been convicted of felony offenses against persons or property, or those felony offenses involving fraud, dishonesty, moral turpitude, domestic violence, child/elder abuse, drug diversion of any controlled substance other than those drugs defined as “natural medicine”, or drug diversion involving “natural medicine” after November 30, 2022 consistently with the rehabilitation principles identified in sections 12-20- 205 and 24-5-101, C.R.S. The Director will disregard any convictions that are barred from consideration by sections 12-20-404 and 12-30-121, C.R.S. . Examples of felony crimes that must be reported on an application include, but are not limited to, those felonies identified in Articles 3, 3.5, 4, 5, 6, 6.5, and 7 of Title 18 of the Colorado Revised Statutes and section 18-18- 405, C.R.S. Convictions of corresponding felony offenses in another state or jurisdiction must be disclosed in applications. C. The applicant bears the burden of proof to establish that they are qualified for licensure. D. Any application not completed within one year of the date of receipt of the original application expires and will be purged. E. Application fees will not be refunded. F. Review of Applications. 1. The Director will review all applications and may request additional information, including verifications, if necessary. Upon review of a complete application, the Director may: a. Approve the application and issue the appropriate license type; b. Request the applicant take certain coursework on subjects that the applicant has not demonstrated competency for; or c. Deny the application for licensure. 2. If the Director authorizes licensure subject to conditions, and an applicant rejects the conditional terms, the offer for conditional licensure shall be deemed a denial of application. 3. The Director may deny an application if the applicant: a. Lacks the requisite substantially equivalent education, experience, or credentials for certification; b. Has committed an act that would be grounds for disciplinary action under Article 170 of Title 12, C.R.S.; or c. Has a pending disciplinary investigation or action in another jurisdiction. 4. If the Director denies an application, the applicant has 60 days to request a hearing on the denial. If requested, the Director will file a notice of denial with the office of administrative courts to adjudicate the merits of the denial, in accordance with section 24- 4-105, C.R.S. Page 154 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 3 5. The Director may authorize an applicant to withdraw their application and waive the applicant’s right to a hearing, if requested by the applicant. G. Education, Training, or Service Gained During Military Service 1. Basis: The authority for promulgation of these rules and regulations by the Director is set forth in sections 12-20-202, 12-20-204, 12-170-105(1)(a)(IV), and 24-4-201 et seq., C.R.S. 2. Purpose: The following rules and regulations have been adopted by the Director to implement the requirements set forth in section 12-20-202(4), C.R.S., and to otherwise streamline licensure for applicants with relevant military education, training, or experience, pursuant to section 24-4-201, et seq., C.R.S. 3. Credit for Military Education, Training, or Experience a. An applicant for licensure may submit information about the applicant’s education, training, or experience acquired during military service. It is the applicant’s responsibility to provide timely and complete information for the Board’s review. b. In order to meet the requirements for licensure, such education, training, or experience must be substantially equivalent to the required qualifications that are otherwise applicable at the time the application is received by the Director. c. The Director will determine, on a case-by-case basis, whether the applicant’s military education, training, or experience meet the requirements for licensure. d. Documentation of military experience, education, or training may include, but is not limited to, the applicant’s Certificate of Release or Discharge from Active Duty (DD-214), Verification of Military Experience and Training (DD-2586), military transcript, training records, evaluation reports, or letters from commanding officers describing the applicant’s practice. 4. Military Experience as Demonstration of Continued Competency for Licensees a. The practice of facilitation while an applicant is on active military duty shall be credited towards the requirements for demonstrating continued competency for facilitator licensure, reinstatement, or reactivation of a license. b. Applicants with relevant military experience must otherwise comply with statutory requirements and the processes and requirements of Rule 2.1. 5. Healing Center Affiliation a. Healing centers are licensed by the Department of Revenue and are governed by the provisions of section 44-50-101 et seq., C.R.S. and the implementing rules adopted by the Department of Revenue. b. The license types of Facilitator and Clinical Facilitator are both considered to be full-scope license types and may practice facilitation in Colorado independently. c. Distinguished Educator licensees and Student Facilitator licensees do not possess full-scope licensure, and cannot practice independently. Page 155 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 4 2.2 Facilitator: Original Licensure A. Scope of Practice 1. An individual holding a Facilitator license is authorized independently to provide natural medicine services to those participants for whom a safety screen demonstrating generally accepted standards of practice does not identify risk factors suggesting a need for involvement of a medical or behavioral health provider. 2. Individuals holding licensure or authorization to practice a profession that does not diagnose and treat medical or behavioral health conditions may become licensed as a Facilitator licensee. If an individual holds licensure or authorization to practice a profession which is otherwise inconsistent with the practice limitations of facilitation, may not practice both professions simultaneously, and therefore may become licensed as a Facilitator licensee. Inconsistencies could arise regarding, for example, limitations on supportive touch which would prohibit certain simultaneous secondary practice. Indigenous and religious practitioners who choose to engage in the regulated practice of facilitation and who do not otherwise qualify for licensure as a Clinical Facilitator, may apply for a Facilitator license. 3. Applicants need not hold any secondary licensure. Individuals who have successfully completed an Approved Training Program and hold such certification, and who meet the general requirements for applicants in Rule 2.1, are eligible to apply for a Facilitator license. 4. A Facilitator licensee may not independently engage in the “practice of medicine,” as defined by section 12-240-107, C.R.S., in conjunction with the administration of natural medicine. 5. A Facilitator licensee may not independently practice “psychotherapy,” as defined by section 12-245-202(14), C.R.S., in conjunction with the administration of natural medicine. 6. A Facilitator shall utilize a safety screen meeting generally accepted standards of practice. Without further action as outlined in this Section 2.2, a facilitator may not independently provide natural medicine services to participants if the safety screen identifies risk factors that suggest the need for involvement of a medical or behavioral health provider. This limitation does not apply to participants whose conditions are in remission. 7. Facilitator licensees may not provide natural medicine services to participants who are taking lithium or antipsychotic medications. 8. A Facilitator licensee may provide natural medicine services to participants with risk factors as referred to in paragraphs 2.2(A)(6) or the medications identified in paragraph 2.2(A)(7) , if the participant has received a referral for natural medicine services, has been provided medical clearance by the participant’s medical or behavioral health provider, or has engaged in consultation and risk review with a medical or behavioral health provider. The provider may be licensed in Colorado or in the participant’s state of residence, but must be licensed to diagnose and treat the participant’s physical or behavioral health condition(s) identified as a risk factor(s) by the safety screening. If applicable, the Facilitator must document and maintain reasonable evidence of such consultation and risk review, and if the consultation and risk review identifies heightened risk associated with a specific condition, the participant must work with the Facilitator to develop a safety plan, informed by the consultation and risk review, and provide written Page 156 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 5 informed consent to work with the Facilitator. A Facilitator may decline to provide Natural Medicine Services to a participant for any health or safety reason. 9. A Facilitator licensee must recommend in writing that any prospective participant who is taking a psychotropic medication identified as a risk factor on the safety screen should obtain applicable medical and behavioral health clearance from a physician (MD) or (DO), an Advanced Nurse Practitioner (APN), a Physician Assistant (PA), or a Clinical Facilitator with prescribing authority prior to administering natural medicine services. If the consultation and risk review identify heightened risk associated with a specific medication, the participant must work with the Facilitator to develop a safety plan, informed by the medical consultation and review, and provide written informed consent to work with the Facilitator. A Facilitator may decline to provide Natural Medicine Services to a participant for any health and safety reasons. B. License Requirements and Qualifications 1. In addition to the general requirements for licensure identified in paragraph 2.1, to obtain a Facilitator license, an applicant must successfully complete: a. An Approved Facilitator Training Program that includes, at a minimum, the curriculum mandated by the Director (see education requirements in Rule 4); b. 40 hours of supervised practicum training in the facilitation of natural medicine; and c. 50 hours of consultation. 2. In the alternative, an applicant may demonstrate to the Director that they are eligible for licensure through completion of accelerated training pursuant to Rule 2.4. 3. Applicants must apply to renew their license prior to expiration. 2.3 Facilitator: Endorsement via Occupational Credential Portability Program A. Pursuant to the Occupational Credential Portability Program under section 12-20-202(3), C.R.S., an applicant may apply for licensure as a Facilitator by endorsement in Colorado if the applicant is currently certified or otherwise licensed in good standing in another state or US territory or through the federal government, or holds a military occupational specialty, as defined in section 24-4-201, C.R.S., meets the general requirements for licensure set forth in Rule 2.1, and has submitted satisfactory proof under penalty of perjury that the applicant has either: 1. Education, experience, or credentials that are substantially equivalent to those required by Article 170 of Title 12, C.R.S.; or 2. Has held for at least one year a current and valid license as a Facilitator in a jurisdiction with a scope of practice that is substantially similar to the scope of practice for Facilitator licensees as specified in Article 170 of Title 12, C.R.S., and these rules. 2.4 Facilitator: Licensure via Accelerated Training (for Legacy Healers) A. Applicants who are former legacy healers, and who do not hold a license or other credential to practice facilitation, may apply for licensure through an accelerated training pathway. In addition to the general requirements for licensure set forth in Rule 2.1, all applicants must demonstrate that: Page 157 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 6 1. The applicant has substantially equivalent education, experience, or credentials that are required by Article 170 of Title 12, C.R.S., which experience includes facilitation for at least 40 participants; with at least 200 hours of experience conducting administration sessions; and occurring over a period of at least two years; 2. The applicant has not committed an act that would be grounds for disciplinary action under Article 170 of Title 12, C.R.S.; 3. The applicant has submitted an application on the current Director approved form and has paid the application fee. 4. The applicant has demonstrated completion of Basic Life Support certification or equivalent. 5. The applicant has demonstrated successful completion of the 25-hour module/educational coursework on Ethics and Colorado Natural Medicine Rules and Regulations, set forth in Rule 2.6 (D)(5). 6. In their discretion, the Director will consider all supporting information in their determination of applications. 2.5 Clinical Facilitator: Original Licensure A. Scope of Practice 1. Clinical Facilitator licensees may provide natural medicine services to participants for the purpose of treating physical or behavioral/mental health conditions. A Clinical Facilitator licensee must hold current and active Colorado licensure in a profession that authorizes them to diagnose and treat physical or behavioral/mental health conditions. 2. A Clinical Facilitator licensee shall utilize a safety screen meeting generally accepted standards of practice. A Clinical Facilitator may only treat medical or behavioral health conditions that are appropriately treated within the scope of their secondary (non- facilitation) license. No licensee is authorized to practice outside of or beyond their area of training, experience, competence, or secondary (non-facilitation) licensure. A Clinical Facilitator who does not manage or treat a participant’s physical or mental condition (including conditions such as cardiovascular disease, uncontrolled hypertension, diseases of the liver, seizure disorders, severe chronic medical illness, or terminal illness) must contact the participant’s treating provider prior to providing natural medicine services unless good cause exists. For example, good cause exists if there is no treating provider or if the participant’s treating provider is employed by or contracted with a government or private entity that prohibits the treating provider from providing clearance. Clinical Facilitator Licensees who do not prescribe lithium or antipsychotic medications within the scope of their secondary license may not independently provide natural medicine services to participants who are taking such medications, without clearance from, or a consultation and risk review with a medical or behavioral health provider practicing within their scope of practice. 3. Nothing in this rule prevents a Clinical Facilitator from providing natural medicine services to a participant with risk factors identified in the safety screen required by Rule 2.2(A)(6) that fall outside of the Clinical Facilitator’s scope of practice for their secondary license, provided the participant has received a referral for natural medicine services by the participant’s treating medical or behavioral health provider, or has engaged in consultation and risk review with a medical or behavioral health provider. The participant’s provider may be licensed in Colorado or in the participant’s state of Page 158 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 7 residence, but must be licensed to diagnose and treat the participant’s physical or behavioral health condition(s)identified as risk factor(s) by a safety screen. If applicable, the Clinical Facilitator must document and maintain reasonable evidence of such consultation and risk review, and if the consultation and risk review identifies heightened risk associated with a specific condition, the participant must work with the Clinical Facilitator to develop a safety plan, informed by the consultation and risk review, and provide written informed consent to work with the Clinical Facilitator. A Clinical Facilitator may decline to provide Natural Medicine Services to a participant for any health or safety reason. 4. When clinically appropriate, Clinical Facilitator licensees may advise and collaborate with Facilitator Licensees to provide natural medicine services for participants with physical or behavioral health risk factors. 5. To the extent that a Clinical Facilitator licensee provides facilitation services to participants that also include services within the scope of practice of their secondary license, the Director recommends that any evaluation of the licensee’s performance of services be assessed first within the context of generally accepted standards of practice for facilitation of natural medicine services. B. Status of Secondary License for Clinical Facilitator Licensees 1. If an individual holds a Clinical Facilitator license and a license issued by the Colorado Medical Board, the State Board of Nursing, or Mental Health Boards (secondary license), and the individual allows their secondary license to expire, or if the secondary license is inactivated, the Clinical Facilitator licensee may no longer practice as a Clinical Facilitator and may not endorse themselves as such. 2. Any Clinical Facilitator licensee whose secondary license is restricted, revoked, suspended, or otherwise limited must report the disciplinary action to the Director within 30 days. C. Applications 1. To obtain a Clinical Facilitator license, an applicant must demonstrate: a. The applicant holds an active and valid license in Colorado to practice any of the following: (1) (PSY) Psychologist, (LSW) Licensed Social Worker, (LCSW) Licensed Clinical Social Worker, (MFT) Marriage and Family Therapist, (LPC) Licensed Professional Counselor, or (LAC) Licensed Addiction Counselor; or (2) Medical Doctor (MD), Doctor of Osteopathic Medicine (DO), advanced practice nurse (APN), including Nurse Practitioner (NP), or Physician Assistant (PA). b. Successful completion of a DORA Approved Facilitator Training Program, as set out in Rule 4, including 150 hours of didactic instruction, 40 hours of supervised practicum training in the facilitation of natural medicine, and 50 hours of consultation; and c. The applicant meets the general requirements set forth in Rule 2.1. Page 159 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 8 D. These requirements may be modified if an applicant meets the criteria for accelerated training set forth in Rule 2.4. E. Applicants must apply for renewal of license prior to expiration. F. Alternative Educational Programs. 1. The Director may consider submission of successful completion of alternative educational programs or coursework in lieu of completion of the requirements set forth in the rules setting forth the required components for an Approved Facilitator Training Program. An applicant may petition the Director to consider such alternate educational coursework at the time of application, with submission of transcripts and any other descriptive course details as requested by the Director. 2.6 Clinical Facilitator: Accelerated Licensure A. Applicants who hold secondary licensure as a medical or mental health licensee, as defined in Rule 2.5(C)(1), may meet certain requirements of the Facilitator educational curriculum through their secondary licensure education. B. An applicant for a Clinical Facilitator license may petition the Director to consider any of their educational coursework and practice undertaken in the secondary field as substantially equivalent education or training, in lieu of completion of certain portions of an Approved Facilitator Training Program. C. The burden is on the applicant to demonstrate that their educational coursework and practice in their secondary field is substantially equivalent to the educational requirements of an Approved Facilitator Training Program. D. An applicant’s complete application must include: 1. All of the general requirements set out in Rule 2.1; 2. Either successful completion of the didactic coursework from an Approved Facilitator Training Program or submission of successful completion of alternative coursework that is substantially equivalent; 3. 40 hours of supervised practicum training in the facilitation of natural medicine; 4. 50 hours of consultation; and 5. A 25 hour module on Ethics and Colorado Natural Medicine, including education on: a. Colorado’s Facilitator Code of Ethics; b. Ethical considerations relating to equity, privilege, bias and power; c. Awareness of increased vulnerability associated with altered states of consciousness; d. Appropriate use of touch and participant consent to physical contact including the development, in a preparation session, of a Touch Contract; e. Appropriate emotional and sexual boundaries between facilitators and participants both during the provision of natural medicine services and at other Page 160 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 9 times, potential harm to participants, and consequences for facilitators of breaching those boundaries; f. Historical and contemporary abuse of power associated with natural medicine, including sexual, emotional, and physical abuse and implications for facilitators; g. Financial conflicts of interest and duties to participants; h. Ethical advertising practices; i. Providing accurate information about current research on efficacy of natural medicines and facilitator scope of practice; j. Reasonable expectations regarding client outcomes; and k. Training in Colorado Natural Medicine rules and regulation. 2.7 Distinguished Educator License A. Basis and Purpose: These rules have been adopted by the Director to specify standards related to the qualification and supervision of distinguished educator facilitators and to clarify application requirements for this license type. B. Authority: The authority for promulgation of these rules by the Director is set forth in sections 24- 4-103, 12-20-204(1), and 12-170-105(1)(a) and (c), C.R.S. C. The Director recognizes that certain individuals have gained extensive experience or have otherwise gained noteworthy and recognized professional attainment in the field of natural medicine services. Individuals who are licensed in other jurisdictions, if such jurisdiction has a licensing procedure, or who are recognized as demonstrating significant professional achievement in another jurisdiction, may be granted a Distinguished Educator License to practice natural medicine services in Colorado, upon application to the Director in a manner determined by the Director, if the following conditions are met: 1. The applicant has been invited by a natural medicine education program in this state to serve as a member of its academic faculty for the period of their appointment; 2. The applicant’s natural medicine practice is limited to that required by their academic position, the limitation is so designated on the license in accordance with the Director’s procedure, and the natural medicine practice is also limited to healing centers or any other physical locations affiliated with the education program on which the applicant will serve as a faculty member; D. Qualification Standards: The Director may consider the following qualification standards in their evaluation of an applicant for a Distinguished Educator License: 1. The applicant holds a current facilitator license in good standing in their home jurisdiction or in any other country. 2. The applicant's facilitator education and training meets or exceeds the minimum educational requirements for Facilitator licensure in Colorado. 3. The applicant holds a national or professional certification conferred by a national professional organization in the field of psychedelic medicine OR holds certification outside of the United States. Page 161 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 10 4. The applicant has undergone extensive clinical post-graduate training in facilitation. 5. The applicant has demonstrated recent clinical experience by being actively and continuously involved in the practice of facilitation for at least a two year period immediately preceding the filing of the application and has demonstrated expertise that meets or exceeds the clinical skills required by the faculty position. 6. The applicant has demonstrated teaching ability to include prior experience in an academic position, including other visiting professorships or professorships. 7. The applicant has published peer-reviewed articles or noteworthy research in respected medical or scientific publications. 8. The applicant's training, skills, talents or demonstrated experience as a teacher or mentor in natural medicines or in traditional or spiritual practices related to natural medicine facilitation will contribute uniquely to facilitator education in Colorado. 9. The applicant demonstrates that they will continue to contribute uniquely to facilitator education in Colorado during the ensuing period of licensure. 10. The applicant's other facilitator licenses and privileges are unrestricted and have not been subject to discipline by any licensing body or health care entity and the applicant is not under investigation by any licensing body or health care entity. 11. The applicant is free from prior malpractice judgments, settlements, or their equivalent. 12. The applicant should not have been convicted of any felony offenses against persons or property, or those involving fraud, dishonesty, moral turpitude, domestic violence, child/elder abuse, or drug diversion. Examples of such felony crimes include, but are not limited to, those felonies identified in Articles 3, 3.5, 4, 5, 6, 6.5, and 7 of Title 18 of the Colorado Revised Statutes and section 18-18-405, C.R.S. An applicant should not have been convicted of any corresponding felony offense in another state or jurisdiction. In considering applications from individuals with any of the identified felony convictions, the Director will apply rehabilitation principles identified in sections 12-20-205 and 24-5-101, C.R.S. E. Application Requirements: An applicant for licensure as a Distinguished Educator should submit, in addition to the requirements in Rule 2.1: 1. A description of the applicant’s experience in their practice of facilitation, which may take the form of a CV but need not. 2. A letter from the Director of a DORA Approved Facilitation Training Program on which the applicant will serve, identifying: a. The applicant's proposed position, title, and term of appointment; and b. What role the applicant will serve in. c. The reasons recruitment outside Colorado for this position was or continues to be necessary, to include if salary was a motivating factor; d. How the applicant will uniquely enhance or has uniquely enhanced Facilitator education in this state; Page 162 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 11 e. How the applicant meets or continues to meet the Qualification Standards defined in this Rule to be eligible for this license type; and f. Additional information which would assist the Director in understanding the reason for this appointment. 3. A biographical statement from the applicant, summarizing their qualifications to teach within their assigned subject matter. This statement should note the experience or qualifications of the instructor to provide educational instruction and/or student supervision. (Up to 500 words) 4. Attestation of additional materials collected by the training program to verify the experience and skill of the instructor (including, but not limited to, personal narratives, client references, community references, or professional references). F. A Distinguished Educator License shall be in effect for a one-year term. Distinguished Educators must apply for renewal of their license annually. G. For a renewal applicant for a Distinguished Educator License, the applicant may provide continued satisfaction of the Qualification Standards defined in this Rule through submission of the following: 1. An updated description of their experience; 2. An updated list of publications and teaching experience; 3. Continued education; and 4. Copies of the applicant's teaching evaluations or other program evaluations since the last renewal application. 5. Renewal applicants are encouraged to seek full licensure as a Facilitator or Clinical Facilitator. Renewal applicants will be encouraged to provide detailed information for the applicant's plans to obtain Facilitator or Clinical Facilitator licensure, pursuant to Rules 2.4 or 2.5, respectively. H. A Distinguished Educator Licensee may only diagnose or treat medical or behavioral conditions if that individual also holds secondary licensure in Colorado, as identified in Rule 2.5(C)(1)(a). I. Performance of Natural Medicine Services by Distinguished Educator Licensees 1. A Distinguished Educator licensee may only perform facilitation in the context of training programs. 2. A Distinguished Educator licensee may not accept payment or remuneration, other than their compensation from the educational institution, for facilitation services. 3. A Distinguished Educator licensee is not authorized to provide facilitation services at a healing center that is not affiliated with an Approved Facilitator Training Program unless the Distinguished Educator works directly with another Facilitator or Clinical Facilitator. J. If a Distinguished Educator licensee becomes affiliated with another educational institution in Colorado, that licensee must notify DORA within 30 days on a DORA approved form. Such institution must also be an Approved Facilitator Training Program. This provision does not require a Distinguished Educator to notify DORA if they are affiliated with an educational institution that Page 163 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 12 does not provide facilitator training, nor does it require a Distinguished Educator to notify DORA of any facilitator training program affiliations outside of Colorado. K. If a Distinguished Educator licensee no longer works at the Approved Facilitator Training Program their license is associated with, their license shall expire. 2.8 Training License A. Any person training for licensure as either a Facilitator or Clinical Facilitator may do so for an aggregate period of up to two years under the authority of a Training license issued pursuant to these rules and without a license to practice facilitation issued pursuant to Rules 2.4 (Facilitator) or 2.5 (Clinical Facilitator). B. No applicant shall be granted a Training license unless the person meets the following criteria: 1. The applicant has completed all didactic education requirements of an Approved Facilitation Training Program; 2. The applicant has successfully completed Basic Life Support or equivalent training; and 3. The person is not otherwise eligible for or licensed to practice as a Facilitator or Clinical Facilitator licensee. C Practicum Requirement 1. Following completion of didactic educational requirements, Training licensees must complete 40 hours of supervised practicum. 2. Training licensees must operate under the supervision of a facilitator licensed within the state in which the training is provided and associated with a DORA Approved Training Program of who is willing to supervise their work as a training licensee. 3. Training licensees must participate in and document regular meetings (virtual or in person) with their supervising facilitator. D. Consultation Requirement 1. Following successful completion of all didactic and practicum requirements, Training licensees must engage in consultation with an individual experienced in the provision of natural medicine services for a minimum of 50 hours, over a six (6) month period. 2. Consultation may be provided virtually. 3. Consultation may be provided in groups of up to 10 Training licensees. 4. Consultants must maintain documentation contemporaneously within the consultation period to reflect expectations of the period. Training licensees must maintain documentation of supervision hours. Consultants must verify documentation of hours associated with consultation activities. 5. Consultation must include 10 hours of ethical discussion focused on ethical issues that arise in the licensee’s work as facilitators. 6. Training licensees may charge for services they provide to participants during this 6- month consultation period. Page 164 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 13 7. Consultants should undertake case review of the training licensee’s provision of natural medicine services. 8. Consultants must provide a structured evaluation addressing the following competencies assessed during the consultation period: a. Non-directive approach: Training licensees use a largely non-directive approach, being guided by the participant’s experience, offering support in service of an unfolding inner-directed process. If the participant has a largely inward process, the training licensee does not interrupt this process to discuss traumatic material. A participant is allowed to have a largely inward process. b. Relational Boundaries and Use of Touch: Demonstrate knowledge of and initiate the use of healthy relational boundaries in psychedelic care contexts, including appropriate use of touch. Demonstrate healthy relational boundaries in psychedelic care contexts. Evaluate one’s ability to maintain healthy relational boundaries in psychedelic care contexts. Demonstrate a knowledge of one’s social identity as related to psychedelic care. c. Cultural Competence: Articulate how one’s social identity informs one’s approach to psychedelic care. Demonstrate how one’s social identity interacts with the care receiver’s social identity. Evaluate one’s integration of how knowledge of social identity informs one’s practice of psychedelic care. Articulate awareness upon reflection when a care encounter intersects or does not intersect with elements of one’s social-cultural identity. Demonstrate awareness in the moment when a care encounter intersects or does not intersect with elements of one’s social- cultural identity. d. Non-ordinary States of Consciousness: Describe one’s beliefs about spirituality and/or religion or non-ordinary states of consciousness. Demonstrate how one’s belief system may interact with the care participant’s belief orientation when providing psychedelic care. e. Self-Care: Demonstrate active self-care practices, encourage the consulting facilitator to suggest the use of alternative practices, and frequently inquire about self-care activities and their effects. The consultant should help a newly-licensed facilitator how to recognize and address compassion fatigue and vicarious trauma in themselves. Discussion of physical, mental, and spiritual impacts of facilitation on the newly-licensed facilitators. f. Ethics: The training licensee engages in case review focused on ethical issues and engages on ethical decision-making as part of this review. E. A Training license will expire after two years of receipt, if the Training licensee fails to complete their training program. 2.9 Renewal, Reinstatement, Inactivation, Reactivation A. Renewal The purpose of this Rule is to establish the qualifications and procedures for renewal of a license pursuant to sections 12-20-404(3), 12-20-202(1), 12-170-105(1)(a)(IV) and 12-170-105(1)(a)(II), C.R.S. 1. Facilitator and Clinical Facilitator Licensees: Page 165 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 14 a. Facilitator and Clinical Facilitator licensees must apply to renew their licenses, by completing a renewal application and paying the renewal fee. b. A licensee shall have a sixty-day (60) grace period after the expiration of the license to renew such license without having to submit a reinstatement application. During this grace period, a delinquency fee will be charged for late renewals. c. A licensee will be required on renewal to attest to completion of continuing education requirements set forth in Rule 5.4. d. A licensee will be required on renewal to attest that they are free from prior malpractice judgments, civil settlements, or their equivalent. e. A licensee who does not renew his or her license shall be ineligible to practice facilitation until such license is reinstated. 2. Distinguished Educator Licensees: a. Distinguished Educator licensees must apply to renew their licenses every year, by completing a renewal application and paying the renewal fee. b. As part of their renewal application, Distinguished Educator licensees must include: (1) An updated curriculum vitae; (2) An updated list of publications and teaching experience; (3) Continued post-graduate education; and (4) Copies of the applicant’s teaching evaluations since the last renewal application. c. Applicants for renewal of a Distinguished Educator license may be asked to attest to their continued eligibility for such a license, including but not limited to requirements regarding malpractice or civil actions, current teaching positions, d. Distinguished Educator licensees may be asked to provide detailed information for their plan to obtain Colorado licensure as a Facilitator or Clinical Facilitator, as appropriate. 3. Training License a. A Training license is not eligible for renewal. B. Reinstatement of an Expired License 1. Basis and Purpose and Authority. The purpose of this Rule is to establish the qualifications and procedures for reinstatement of an expired license pursuant to sections 12-20-202, 12-20-404(3), 12- 170-105(1)(a)(II), and 12-170-(105)(1)(a)(IV), C.R.S. Page 166 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 15 a. An applicant seeking reinstatement of an expired license shall complete a reinstatement application and pay a reinstatement fee. b. If the license has been expired for more than two (2) years an applicant must demonstrate “competency to practice” under section 12-20-202(2)(c)(II), C.R.S., as follows: (1) A license from another state that is in good standing for the applicant where the applicant demonstrates active practice; or (2) Proof of other education, experience or activities, as determined by the Director, on a case-by-case basis. C. Inactivation of an Active License 1. Any licensee whose Facilitator or Clinical Facilitator license is in good standing, and who does not have a pending investigation or disciplinary action, may inactivate their license by submitting a request to the Director. D. Reactivation of an Inactive License 1. Upon application, a licensee with an inactive Facilitator or Clinical Facilitator license may seek to reactivate their license. 2. An applicant seeking to reactivate an inactive license must complete a reactivation application and pay a fee. 3. If the license was inactivated for more than two (2) years, an applicant must demonstrate “competency to practice” under section 12-20-202(2)(c)(II), C.R.S., as follows: a. A license from another state that is in good standing for the applicant where the applicant demonstrates active practice; or b. Proof of other education, experience or activities, as determined by the Director, on a case-by-case basis. 3: EXPERIENCE AND EDUCATION REQUIREMENTS FOR FACILITATOR AND CLINICAL FACILITATOR LICENSEES 3.1 Education and Experience Requirements for Facilitator and Clinical Facilitator Licensees A. General requirements for Training Hours, Supervised Practicum Experience, and Consultation. 1. Except as specifically authorized in alternative pathways to licensure in Rules 2.3 (Facilitator: Endorsement via Occupational Credential Portability Program), 2.4 (Facilitator: Licensure via Accelerated Training (for Legacy Healers)), and 2.6 (Clinical Facilitator: Accelerated Licensure), applicants for licensure as a Facilitator or Clinical Facilitator must complete at least 150 hours of didactic instruction, at least 40 hours of supervised practicum experience, and at least 50 hours of consultation. a. For training hours that are not conducted in person, at least 50 percent of the training hours shall be conducted using synchronous learning tools, that is, Page 167 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 16 instructor and learner must engage with the course content and each other at the same time, although from different locations. 3.2 Required Education and Training for Facilitator and Clinical Facilitator A. Didactic Education - Curriculum Requirements 1. Applicants for Facilitator and Clinical Facilitator licenses must demonstrate that they have completed a DORA Approved Facilitator Training Program. If the Applicant has completed a DORA Approved Facilitator Training Program, the applicant may submit proof of successful completion of the program to meet this requirement. 2. Applicants for Facilitator and Clinical Facilitator licenses must demonstrate completion of didactic education consisting of a minimum of 150 hours of instruction, on the following topics: a. Facilitator Best Practices (5 hours) (1) Awareness of the facilitator’s personal bias, including examination of the facilitator’s motives and the potential issues surrounding transference and countertransference; (2) Awareness of the “state of the field” in terms of research on natural medicines and how to present this information to participants in a way that is accurate and unbiased; (3) Awareness of new research related to safety and ethics of providing psilocybin services and resources for professional development following program completion; and (4) Appropriate measures to mitigate risks associated with psilocybin services, including harm reduction, de-escalation, and conflict resolution. b. Ethics and Colorado Natural Medicine Rules and Regulations (25 hours) (1) Colorado’s Facilitator Code of Ethics; (2) Ethical considerations relating to equity, privilege, bias, and power; (3) Awareness of increased vulnerability associated with altered states of consciousness; (4) Appropriate use of touch and participant consent to physical contact, including the development of a Touch Contract in preparation session; (5) Financial conflicts of interest and duties to participants; (6) Ethical advertising practices; (7) Providing accurate information about current research on the efficacy of natural medicines and facilitator scope of practice; (8) Reasonable expectations regarding client outcomes; and Page 168 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 17 (9) Training in Colorado Natural Medicine rules and regulations. c. Relation Boundaries and Introduction to Physical Touch (10 hours) (1) Defining and holding boundaries in the facilitation of natural medicines; (2) Historical and contemporary abuse of power and boundary violations associated with natural medicine, including sexual, emotional, and physical abuse, and implications for facilitators; (3) Appropriate emotional and sexual boundaries between facilitators and participants both during the provision of natural medicine services and at other times; (4) Potential harm to participants for boundary and touch violations; (5) Consequences for facilitators for breaching relation boundaries; (6) Consequence for facilitators for breaching the touch contract; (7) Active monitoring of client-facilitator boundaries, specifically boundaries related to consent and touch; (8) Participant directed discussion of touch contract to address personalized boundaries around touch, limitations of capacity to request additional touch once natural medicine has been ingested, and the possibility of requesting a co-facilitator and/or videotaping of administration session; and (9) Practical training and experience in an introduction to the appropriate use of touch during the facilitation of natural medicine. d. Physical and Mental Health and State (25 hours) (1) Training in therapeutic presence, including compassionate presence, client communication, openness, receptivity, groundedness, self- awareness, empathy, and rapport, including a non-directive facilitation approach, cultural attunement, and a nonjudgmental disposition; (2) Response to psychological distress and creating a safe space for difficult emotional experiences; (3) Training on how facilitators manage self-care; (4) Identification and facilitation of a variety of subjective natural medicine experiences, including experiences related to physiological sensations, cognitive, emotional, and mystical states, and traumatic memories; (5) Appropriate modes of intervention for mental health concerns, understanding when intervention is necessary, and when a client may need a higher level of care; Page 169 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 18 (6) Appropriate modes of intervention for physical health concerns, understanding when intervention is necessary, and when a client may need a higher level of care; (7) Training in the use of Natural Medicines for chronic pain; (8) Recognizing and addressing adverse medical and/or behavioral reactions and implementation of a safety plan when necessary; (9) Scenario training for navigating challenging and unusual situations; and (10) Models of substance abuse, addiction, and recovery. e. Drug Effects, Contraindications, and Interactions (5 hours) (1) Pharmacodynamics and pharmacokinetics of natural medicine; (2) Physical reactions and side effects of natural medicine; (3) Drug and supplement interaction; (4) The metabolism of natural medicine; (5) The primary effects and mechanisms of action of natural medicines on the brain; including connectivity in the brain and activation of serotonin receptors; and (6) Awareness of medical, mental health, and pharmaceutical contraindications for natural medicine services. f. Introduction to Trauma Informed Care (10 hours) (1) Trauma-informed care, including the physiology of trauma, vicarious trauma, empathic stress, and compassion fatigue; (2) Trauma-informed communication skills; (3) Training in how to recognize when someone may be dissociation or going into a trauma response; (4) Training in understanding sympathetic and parasympathetic nervous system response; and (5) Role play scenarios focused on helping regulate when participants are in a traumatic stress response. g. Introduction to Suicide Risk (5 hours) (1) Understanding suicidality, suicidal ideation, self-injury, and models of assessing risk; (2) Basics of suicide risk assessment; Page 170 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 19 (3) How to refer and/or seek emergency mental health services when suicide risk is severe; and (4) Basics of creating a Mental Health Safety Plan. h. Indigenous, Social, and Cultural Considerations (10 hours) (1) Historical and indigenous modalities of preparation and use of natural medicines; (2) Current and historical use of plant and fungal medicines in indigenous and Western cultures; (3) Information about the practice of Curanderismo and traditional training for the use of natural medicines; (4) The Controlled Substance Act and its effect on natural medicine services in indigenous and Western cultures and implications for facilitators; (5) Cultural equity, its relationship to health equity, and social determinants of health; (6) Racial justice, including the impact of race and privilege on health outcomes and the impact of systemic racism on individuals and communities; (7) The impact of drug policy on individuals and communities, especially underrepresented, marginalized, and under-resourced communities; (8) History of systemic inequity, including systemic inequity in the delivery of healthcare, mental health, and behavioral health services; Intergenerational trauma; (9) Understanding of how racial and cultural dynamics affect interactions between facilitator and participant; and (10) Identification of the unique psychological, physical, and socio-cultural needs presented by persons with terminal illness and awareness of the appropriate knowledge, skills, and approach needed to provide safe facilitation to such persons in a manner consistent with client goals, values, heritage, and spiritual practices. i. Screening (5 hours) (1) Discussion of participant’s reasons for seeking natural medicine services; (2) Completion of the mandated screening form; (3) How to conduct screening for pertinent physical and mental health concerns; Page 171 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 20 (4) Helping participants connect with different facilitators if needed; and (5) Role play scenarios of screening sessions. j. Preparation (10 hours) (1) How to obtain informed consent; (2) How to complete and collect participant information forms and intake interviews; (3) Providing accurate information about current research on the efficacy of natural medicines and facilitator scope of practice; (4) Discussion of the concept of trusting inner guidance, which may include discussion of topics such as Inner Healing Intelligence, Inner Genius, The Self, Wise Mind, Soul, or Spirit; (5) Using intake and screening information to assist participants in identifying the benefits of referral to specialized treatment services; (6) Discussion of the facilitator's role and the limits of the facilitator’s scope of practice; (7) Discussion of the state of scientific research for natural medicines and limitations of this research; (8) Discussion of “set and setting,” including environmental considerations for administration sessions such as lighting, sound, and temperature; (9) Discussion of the reasonable expectations regarding client outcomes; (10) Identification of participant safety concerns, including medical history, contraindicated medication, and psychological instability; (11) Appropriate strategies to discuss facilitator safety concerns, including but not limited to identification of participant’s support system; (12) Determination of whether the participant should participate in the administration session; (13) Participant directed discussion of a safety plan to address identified safety concerns and transportation plan for the administration session; and (14) Historical and indigenous modalities of preparation for facilitation and administration of natural medicines. k. Administration (10 hours) (1) Dosing strategies and considerations, including the following: (a) Experiential differences relating to differing dosages; Page 172 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 21 (b) Physiological considerations in relation to dosage; (c) Delivery mechanisms of natural medicine; and (d) Use of secondary doses. (2) Skills to help facilitators handle natural medicine material effectively, Including the following: (a) Hygiene while handling material; and (b) Assessing material for potential spoilage, contamination, and other concerns. (3) Effectively working with challenging behaviors during administration sessions, including the following: (a) Unexpected client disclosures; (b) Substance-induced psychosis; and (c) Suicidality. (4) Traumatic stress and its manifestation during natural medicine experiences and appropriate facilitator response, including the following: (a) Trauma’s relationship to the body; (b) Repressed trauma emerging during natural medicine experience; (c) Trauma and traumatic stress resulting from systemic oppression; (d) Safety for trauma resolution and risks associated with re- traumatization; and (e) Protocols ensuring facilitator safety and responding to emergencies. (5) “Set and setting” environmental considerations for administration sessions, such as lighting, sound, and temperature. (6) Completion of administration session, including implementation of transportation plan l. Integration (10 hours) (1) Training on how to conduct an integration session; (2) Identification of appropriate resources that may assist participants with integration, including resources for: (a) Interpreting feelings and emotions experienced during administration sessions; Page 173 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 22 (b) Facilitation of positive internal and external changes; and (c) Enhancement of existing supportive relationships; (3) Identification of participant client safety concerns; (4) Facilitator scope of practice; and (5) Discussion of appropriate intervals between administration sessions and related safety concerns. m. Group Facilitation (10 hours) (1) Training in how to conduct groups, including proper ratios for participants and group facilitators; (2) Special considerations regarding group administration of natural medicine, including understanding boundaries and touch between group members and between group members and facilitators; (3) Skills required to facilitate natural medicine group sessions, including, but not limited to: (a) Group preparation sessions; (b) Group integration sessions; and (c) Regulatory requirements for group facilitation; I. Role play scenarios regarding navigation of challenging and unusual situations when facilitating groups. n. Facilitator Development and Self-Care (10 hours) (1) Facilitator self-care as a participant safety concern and facilitator ethical requirements; (2) How to identify when a facilitator is not in a space to facilitate and what to do about it (including discussion of countertransference); (3) How facilitators keep themselves safe while working with participants; (4) How a facilitator can prepare themselves for facilitation; and (5) How a facilitator can decompress after facilitation. 3.3 Facilitator Supervised Practice Requirements A. Who may serve as a Supervisor Until March 31, 2025, a supervisor must be affiliated with an Approved Training Program and may be licensed as a Facilitator, Clinical Facilitator, or Distinguished Educator. Individuals who are Page 174 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 23 serving as supervisors prior to the Office of Natural Medicine’s issuance of licenses must be eligible and qualified to seek licensure. The affiliation between an Approved Training Program and a supervisor may occur through an established relationship with a Healing Center or other affiliation, as determined by the Approved Training Program. As of March 31, 2025, all supervisors must hold licensure as a Facilitator, Clinical Facilitator, or Distinguished Educator. B. Experience with non-ordinary states of consciousness Programs must require students to complete supervised practice training that provides an opportunity to experience, facilitate, and observe the facilitation of non-ordinary states of consciousness. C. Supervised in-person training – observers and assistants Supervised practice may include in-person training where students can experience, observe, and assist in facilitating natural medicine services under the supervision of qualified training faculty. Supervised practice may also include placement at a practicum site where students can observe and assist in facilitation of natural medicine services under the supervision of a practicum site supervisor. D. Practicum sites allowed 1. Any licensed Healing Center can serve as a practicum site. If a training program uses a Healing Center as a practicum site to satisfy the requirements of this rule, the training program shall notify the Program Director in a form and manner prescribed by the Program Director 2. A practicum site must obtain written participant consent prior to allowing a participant to be observed by practicum students and prior to sharing any participant information with practicum students or a training program. A practicum site must notify participants of the identity of the supervising facilitator. 3. The practicum site supervisor is primarily responsible for developing students’ practicum skills and evaluating students’ practicum performance, focusing on services with participants. E. Substitutes for in-person training Where supervised in-person training during natural medicine services is not available or accessible, supervised practice training may additionally include but is not limited to observation of taped facilitation sessions that were recorded with participants’ consent, apprenticeship in a psychedelic peer support organization, role playing, and experience with altered states of consciousness that are not drug-induced, for example breath work, meditation or spiritual journeys. F. Minimum Practicum Hours Required. Supervised practice training, otherwise referred to as a practicum, must include a minimum of 40 hours of supervised practice training, at least 30 hours of which is comprised of time spent in administration sessions. Supervised practicum hours spent during administration sessions should be comprised of at least 30 hours of direct practice experience, in which students directly experience, co-facilitate, or observe participants or other trainees receiving natural medicine services or directly participate in alternative supervised practice activity as described in Rule 3.3(C). The remaining ten hours (minimum) may consist of consultation regarding the student’s provision of natural medicine services in administration sessions. Page 175 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 24 G. Except as authorized by subparagraph (E) of this Rule, all supervised practice training must be conducted in person. 4: APPROVED FACILITATOR TRAINING PROGRAMS 4.1 Requirements for Approval of Facilitator Training Programs A. Authority. The authority for adoption of these Rules is set forth in sections 12-20-204, 12-170- 105(1)(a)(II)(B), 12-170-105(1)(a)(IV), and 12-170-105(1)(a)(V), C.R.S. B. Purpose: To specify procedures and criteria relating to the approval of Facilitator Training Programs, with the goals: 1 To promote and regulate educational processes that prepare graduates for safe and effective facilitation of natural medicine; 2. To provide criteria for the development and approval of new and established Approved Facilitator Training Programs; and 3. To provide procedures for the withdrawal of approval from Approved Facilitator Training Programs. C. Purpose of Approval 1. To establish eligibility of graduates of approved programs to apply for facilitator licensure. 2. Following an approval of a training program by the Director, such training program shall be certified and authorized to provide facilitator training programs D. Approval must be granted before coursework can commence. 1. An education program that wishes to receive approval under this rule must apply to the Office of Natural Medicine and receive approval before it begins offering classes. 2. The application materials must include course outlines for every training hour along with an explanation of how that course meets one of the course requirements described in this Rule and proposed program requirements for students to complete their practicum requirements. If the education program intends to offer consultation for newly-licensed facilitators, the application must also address the training program’s plan to satisfy consultation requirements. 3. The application materials must include the time period within which students must complete the proposed training program. 4. When a program receives approval, the program may advertise: a. That the education program has been approved by the Office of Natural Medicine to meet the training requirements of this rule, using the words “DORA Approved Facilitator Natural Medicine Training Program;” and b. That those students who successfully complete the program will have met all of the training program/educational and experiential requirements for a Facilitator license under this Rule, other than basic life support. Page 176 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 25 5. When a program receives approval, the program must advertise: a. Transparent communication regarding all fees to be charged for the entirety of the training program, including costs for didactic study, supervised practice, any consultation fees, and whether the Approved Facilitator Training Program will pay the cost of a Training license for its students and/or the cost of a Facilitator or Clinical Facilitator licensure application fee at the completion of the student’s training program. 6. Pre-Approval. a. Prior to official applications and approval, an education program that wishes to receive approval may submit a request for pre-approval by the Office of Natural Medicine. b. Education programs that receive pre-approval may operate and offer courses based on Office of Natural Medicine pre-approval. c. The pre-approval process will only be available while the Office of Natural Medicine establishes its approval process. Upon completion, the pre-approval process will end. No applicant shall have a right to utilize a pre-approval process following the Office of Natural Medicine’s establishment of an approval process. d. Applicants for pre-approval will be required to submit the same application fee and information. E. Standards for Approving an Approved Facilitator Training Program 1. All education programs must conform to generally accepted standards of education for facilitators. 2. Any education program in this state desiring to receive approval from the Office of Natural Medicine for its program that prepares individuals for licensure as a natural medicine facilitator shall apply to the Office of Natural Medicine and submit evidence that it is prepared to carry out training curriculum that complies with the provision of Title 12, Article 170, C.R.S. and with rules adopted by the Office of Natural Medicine. 3. Facilitator Training Program organization and administration: a. The organization, administration and implementation of an Approved Facilitator Training Program must be consistent and compliant with the Natural Medicine Health Act, the Office of Natural Medicine’s rules, regulations and policies, and state law. An Approved Facilitator Training Program’s organization and administration must secure, maintain, and be able to document the existence of: (1) For programs enrolling 50 or more students annually, a governing body that has legal authority to conduct an education and training program, determine general policy, and assure adequate financial support. For programs enrolling fewer than 50 students annually, a named Director that has legal authority to conduct an education and training program, determine general policy. Page 177 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 26 (2) Sufficient financial resources to fulfill its commitments to students and meet the training program’s financial obligations. (3) An organizational chart for the Approved Facilitator Training Program demonstrating the relationship of the program to the governing body administration and clearly delineating the lines of authority, responsibility, channels of communication and internal organization. (4) Statements of mission, purpose, and outcome competencies for Office of Natural Medicine approval, established and biennial reviewed by the Approved Facilitator Training Program. (5) Standards for recruitment, advertising, and refunding tuition and fees, which must be consistent with generally accepted standards and applied by the governing body. (6) Student policies that are accurate, accessible to the public, non- discriminatory, and consistently applied. (7) A plan demonstrating how the program will support student behavioral and physical health, learning, equitable access, career advisement, and provide disability accommodations. (8) Records for all written complaints about the Approved Facilitator Training Program and how the program addressed each complaint, which must be available for public and Office of Natural Medicine review. (9) Teaching and learning environment conducive to student learning. 4. Faculty Composition: The composition of faculty at an Approved Facilitator Training Program must include, at a minimum: a. The number of faculty sufficient to prepare the students to achieve the objectives of the Approved Facilitator Training Program and to ensure participant safety. b. There must be a minimum of two faculty for an Approved Facilitator Training Program, one of whom may be a licensed Facilitator and one of whom may be the director of the Approved Facilitator Training Program. On and after January 1, 2026, each Approved Facilitator Training Program must have at least one licensed Facilitator or Clinical Facilitator. c. There must be a sufficient number of faculty for each specialty area to provide adequate supervision to students. 5. Director of each Approved Facilitator Training Program Page 178 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 27 a. Each Approved Facilitator Training Program must have a director with the following responsibilities: (1) Insuring and documenting the Approved Facilitator Training Program compliance with the Natural Medicine Health Act, the Office of Natural Medicine’s rules and regulations, and all other state laws and regulations. (2) Providing a current written job description to the Office of Natural Medicine for all faculty positions. (3) Developing and coordinating the use of educational facilities and practicum resources. (4) Identifying and advocating for services needed by students in the Approved Facilitator Training Program. (5) Acting as liaison with the Office of Natural Medicine. (6) Developing and maintaining ongoing relationships within the community, including fostering the Approved Facilitator Training Program's responsiveness to community/employer needs. (7) The director of each Approved Facilitator Training Program remains responsible for the above duties, even if they delegate those duties to another person. b. The director of the Approved Facilitator Training Program must possess the following qualifications: (1) An active, unencumbered license to practice as a Facilitator or an active, unencumbered secondary professional license that would qualify for eligibility, pursuant to Rule 2.5(c)(1)(a), for licensure as a Clinical Facilitator in Colorado; and (2) Documented knowledge and skills related to teaching adults, teaching methodology, curriculum development, and curriculum evaluation. 6. Facilitator Training and Educational Program Curriculum a. Programs should include content fundamental to the knowledge and skills required for the preparation, administration, and integration of natural medicine with participants. b. The curriculum offered in an Approved Facilitator Training Program should be developed to: (1) Reflect consistency between the mission, outcomes, curriculum design, course progression, and learning outcomes of the Approved Facilitator Training Program. (2) Be organized and sequenced logically to facilitate learning; and (3) Include 150 course hours of instruction. Page 179 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 28 F. Curriculum Requirements 1. Approved Facilitator Training Programs must offer coursework of at least 150 hours, on the following topics: a. Facilitator Best Practices (5 hours) (1) Awareness of the facilitator’s personal bias, including examination of the facilitator’s motives and the potential issues surrounding transference and countertransference; (2) Awareness of the “state of the field” in terms of research on natural medicines and how to present this information to participants in a way that is accurate and unbiased; (3) Awareness of new research related to safety and ethics of providing psilocybin services and resources for professional development following program completion; and (4) Appropriate measures to mitigate risks associated with psilocybin services, including harm reduction, de-escalation, and conflict resolution. b. Ethics and Colorado Natural Medicine Rules and Regulations (25 hours) (1) Colorado’s Facilitator Code of Ethics; (2) Ethical considerations relating to equity, privilege, bias, and power; (3) Awareness of increased vulnerability associated with altered states of consciousness; (4) Appropriate use of touch and participant consent to physical contact, including the development of a Touch Contract in preparation session; (5) Financial conflicts of interest and duties to participants; (6) Ethical advertising practices; (7) Providing accurate information about current research on the efficacy of natural medicines and facilitator scope of practice; (8) Reasonable expectations regarding client outcomes; and (9) Training in Colorado Natural Medicine rules and regulations. c. Relation Boundaries and Introduction to Physical Touch (10 hours) (1) Defining and holding boundaries in the facilitation of natural medicines; (2) Historical and contemporary abuse of power and boundary violations associated with natural medicine, including sexual, emotional, and physical abuse, and implications for facilitators; Page 180 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 29 (3) Appropriate emotional and sexual boundaries between facilitators and participants both during the provision of natural medicine services and at other times; (4) Potential harm to participants for boundary and touch violations; (5) Consequences for facilitators for breaching relation boundaries; (6) Consequence for facilitators for breaching the touch contract; (7) Active monitoring of client-facilitator boundaries, specifically boundaries related to consent and touch; (8) Participant directed discussion of touch contract to address personalized boundaries around touch, limitations of capacity to request additional touch once natural medicine has been ingested, and the possibility of requesting a co-facilitator and/or videotaping of administration session; and (9) Practical training and experience in an introduction to the appropriate use of touch during the facilitation of natural medicine. d. Physical and Mental Health and State (25 hours) (1) Training in therapeutic presence, including compassionate presence, client communication, openness, receptivity, groundedness, self- awareness, empathy, and rapport, including a non-directive facilitation approach, cultural attunement, and a nonjudgmental disposition; (2) Response to psychological distress and creating a safe space for difficult emotional experiences; (3) Training on how facilitators manage self-care; (4) Identification and facilitation of a variety of subjective natural medicine experiences, including experiences related to physiological sensations, cognitive, emotional, and mystical states, and traumatic memories; (5) Appropriate modes of intervention for mental health concerns, understanding when intervention is necessary, and when a client may need a higher level of care; (6) Appropriate modes of intervention for physical health concerns, understanding when intervention is necessary, and when a client may need a higher level of care; (7) Training in the use of Natural Medicines for chronic pain; (8) Recognizing and addressing adverse medical and/or behavioral reactions and implementation of a safety plan when necessary; (9) Scenario training for navigating challenging and unusual situations; and Page 181 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 30 (10) Models of substance abuse, addiction, and recovery. e. Drug Effects, Contraindications, and Interactions (5 hours) (1) Pharmacodynamics and pharmacokinetics of natural medicine; (2) Physical reactions and side effects of natural medicine; (3) Drug and supplement interaction; (4) The metabolism of natural medicine; (5) The primary effects and mechanisms of action of natural medicines on the brain; including connectivity in the brain and activation of serotonin receptors; and (6) Awareness of medical, mental health, and pharmaceutical contraindications for natural medicine services. f. Introduction to Trauma Informed Care (10 hours) (1) Trauma-informed care, including the physiology of trauma, vicarious trauma, empathic stress, and compassion fatigue; (2) Trauma-informed communication skills; (3) Training in how to recognize when someone may be dissociation or going into a trauma response; (4) Training in understanding sympathetic and parasympathetic nervous system response; and (5) Role play scenarios focused on helping regulate when participants are in a traumatic stress response. g. Introduction to Suicide Risk (5 hours) (1) Understanding suicidality, suicidal ideation, self-injury, and models of assessing risk; (2) Basics of suicide risk assessment; (3) How to refer and/or seek emergency mental health services when suicide risk is severe; and (4) Basics of creating a Mental Health Safety Plan. h. Indigenous, Social, and Cultural Considerations (10 hours) (1) Historical and indigenous modalities of preparation of natural medicines; Page 182 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 31 (2) Current and historical use of plant and fungal medicines in indigenous and Western cultures; (3) Information about the practice of Curanderismo and traditional training for the use of natural medicines; (4) The Controlled Substance Act and its effect on natural medicine services in indigenous and Western cultures and implications for facilitators; (5) Cultural equity, its relationship to health equity, and social determinants of health; (6) Racial justice, including the impact of race and privilege on health outcomes and the impact of systemic racism on individuals and communities; (7) The impact of drug policy on individuals and communities, especially underrepresented, marginalized, and under-resourced communities; (8) History of systemic inequity, including systemic inequity in the delivery of healthcare, mental health, and behavioral health services; (9) Intergenerational trauma; (10) Understanding of how racial and cultural dynamics affect interactions between facilitator and participant; and (11) Identification of the unique psychological, physical, and socio-cultural needs presented by persons with terminal illness and awareness of the appropriate knowledge, skills, and approach needed to provide safe facilitation to such persons in a manner consistent with client goals, values, heritage, and spiritual practices. i. Screening (5 hours) (1) Discussion of participant’s reasons for seeking natural medicine services; (2) Completion of the mandated screening form; (3) How to conduct screening for pertinent physical and mental health concerns; (4) Helping participants connect with different facilitators if needed; and (5) Role play scenarios of screening sessions. j. Preparation (10 hours) (1) How to obtain informed consent; (2) How to complete and collect participant information forms and intake interviews; Page 183 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 32 (3) Providing accurate information about current research on the efficacy of natural medicines and facilitator scope of practice; (4) Discussion of the concept of trusting inner guidance, which may include discussion of topics such as Inner Healing Intelligence, Inner Genius, The Self, Wise Mind, Soul, or Spirit; (5) Using intake and screening information to assist participants in identifying the benefits of referral to specialized treatment services; (6) Discussion of the facilitator's role and the limits of the facilitator’s scope of practice; (7) Discussion of the state of scientific research for natural medicines and limitations of this research; (8) Discussion of “set and setting,” including environmental considerations for administration sessions such as lighting, sound, and temperature; (9) Discussion of the reasonable expectations regarding client outcomes; (10) Identification of participant safety concerns, including medical history, contraindicated medication, and psychological instability; (11) Appropriate strategies to discuss facilitator safety concerns, including but not limited to identification of participant’s support system; (12) Determination of whether the participant should participate in the administration session; (13) Participant directed discussion of a safety plan to address identified safety concerns and transportation plan for the administration session; and (14) Historical and indigenous modalities of preparation for facilitation and administration of natural medicines. k. Administration (10 hours) (1) Dosing strategies and considerations, including the following: (a) Experiential differences relating to differing dosages; (b) Physiological considerations in relation to dosage; (c) Delivery mechanisms of natural medicine; and (d) Use of secondary doses. (2) Skills to help facilitators handle natural medicine material effectively, including the following: (a) Hygiene while handling material; and Page 184 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 33 (b) Assessing material for potential spoilage, contamination, and other concerns. (3) Effectively working with challenging behaviors during administration sessions, including the following: (a) Unexpected client disclosures; (b) Substance-induced psychosis; and (c) Suicidality. (4) Traumatic stress and its manifestation during natural medicine experiences and appropriate facilitator response, including the following: (a) Trauma’s relationship to the body; (b) Repressed trauma emerging during natural medicine experience; (c) Trauma and traumatic stress resulting from systemic oppression; (d) Safety for trauma resolution and risks associated with re- traumatization; and (e) Protocols ensuring facilitator safety and responding to emergencies. (5) “Set and setting” environmental considerations for administration sessions, such as lighting, sound, and temperature. (6) Completion of administration session, including implementation of transportation plan. l. Integration (10 hours) (1) Training on how to conduct an integration session; (2) Identification of appropriate resources that may assist participants with integration, including resources for: (a) Interpreting feelings and emotions experienced during administration sessions; (b) Facilitation of positive internal and external changes; and (c) Enhancement of existing supportive relationships; (3) Identification of participant client safety concerns; (4) Facilitator scope of practice; and (5) Discussion of appropriate intervals between administration sessions and related safety concerns. Page 185 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 34 m. Group Facilitation (10 hours) (1) Training in how to conduct groups, including proper ratios for participants and group facilitators; (2) Special considerations regarding group administration of natural medicine, including understanding boundaries and touch between group members and between group members and facilitators; (3) Skills required to facilitate natural medicine group sessions, including, but not limited to: (a) Group preparation sessions; (b) Group integration sessions; and (c) Regulatory requirements for group facilitation; (4) Role play scenarios regarding navigation of challenging and unusual situations when facilitating groups. n. Facilitator Development and Self-Care (10 hours) (1) Facilitator self-care as a participant safety concern and facilitator ethical requirements; (2) How to identify when a facilitator is not in a space to facilitate and what to do about it (including discussion of countertransference); (3) How facilitators keep themselves safe while working with participants; (4) How a facilitator can prepare themselves for facilitation; and (5) How a facilitator can decompress after facilitation. 2. The requirements listed in these rules are minimum requirements. Nothing in these rules precludes an educational program from offering additional modules or hours of instruction. G. Approved Facilitator Training Program Documentation 1. All Approved Facilitator Training Programs must maintain records and, if requested, submit them to the Office of Natural Medicine, on the following: a. The Approved Facilitator Training Program must provide for a system of permanent records and reports essential to the operation of the Approved Facilitator Training Program, including: (1) Current and final official records for students; Page 186 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 35 (2) Current records of Approved Facilitator Training Program activities such as minutes and reports; and (3) Faculty records that demonstrate compliance with faculty qualification requirements identified in Rule 4.1(E)(4). b. The Approved Facilitator Training Program must submit a biennial report to the Office of Natural Medicine on its authorized form. c. To the extent practicable, data from Approved Training Programs shall be anonymized to avoid disclosure of individual student data. 2. All Approved Facilitator Training Programs must provide clear documentation to all applicants regarding their fees for training, including whether the Approved Facilitator Training Program will pay the cost of a Training license for its students and/or the cost of a Facilitator or Clinical Facilitator licensure application fee at the completion of the student’s training program. 3. Self-Evaluation of Education Programs An Approved Facilitator Training Program must develop, undertake, and document its own internal evaluations. Evaluations must occur on a periodic basis, include input from students and the community, and evidence relevant decision-making. The Approved Facilitator Training Program must have a written systematic plan for evaluation of: a. Organization and administration of the Approved Facilitator Training Program; b. Approved Facilitator Training Program mission; c. Performance of the Director of the Approved Facilitator Training Program; d. Faculty performance; e. Curriculum objectives and outcomes; f. Adherence to program requirements; and g. Measurement of program outcomes, including performance of graduates. 4. If a student seeks to transfer from one program to another, the Approved Facilitator Training Program is required to assess coursework completed by the student at their prior approved training program or an accredited institution of higher education. So long as the student has successfully completed education that is substantially equivalent to the training module offered by the new education program, the new program may allow the student to transfer those completed hours, credits or equivalent education H. Enrollment Limits The Office of Natural Medicine may limit the number of students admitted to an Approved Facilitator Training Program. In making this determination, the Office of Natural Medicine may consider factors, including, but not limited to: the number of qualified faculty, adequate educational facilities and resources, and the availability of relevant practicum learning experiences. Page 187 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 36 I. Continued Approval of Approved Facilitator Training Programs 1. Regular periodic surveys for continued approval may be conducted by the Office of Natural Medicine. Such surveys shall occur no less than once every two years. 2. Approval of any training program may be continued by the Office of Natural Medicine, provided the standards of the Office are met, as set forth in these rules. 3. The Office of Natural Medicine’s action regarding program review must be sent to the governing body, if applicable, and the Director of the education program with recommendations, to the extent that recommendations are made. 4. The education program may be visited at times other than regularly-scheduled survey visits, if the Office of Natural Medicine determines it necessary to do so. 5. Major program revisions must be reported to the Office of Natural Medicine for approval. Major program revisions include, but are not limited to: a. major changes in program goals; b. The number of hours required for successful completion of the program; c. Change in required clinical practice hours; or d. Either an increase or decrease of twenty-five percent or greater in student numbers admitted, types of students, admission times, and progression options. J. Withdrawal of Full Approval of an Approved Facilitator Training Program 1. The governing body, if applicable, and the Director of an education program must be notified in writing if the requirements of the statute and the standards set forth in this Rule are not fulfilled. Following a decision to place an Approved Facilitator Training Program on conditional approval or to otherwise withdraw full approval, the Office of Natural Medicine must notify the governing body, if applicable, and the Director, in writing, of specific deficiencies. 2. The education program will be given thirty (30) days from the date of the letter to respond to any deficiencies. The Office of Natural Medicine will review the response and will make a determination to continue approval of the education program or to withdraw approval. If the Office of Natural Medicine needs additional information, it may request it from the education program or conduct further investigation. 3. The education program has ninety days from the date of the Office of Natural Medicine’s notice of deficiency to provide written documentation that the deficiencies have been corrected or to provide a written plan of correction. For good cause shown, the Office of Natural Medicine may allow an education program additional time. 4. After consideration of available information, the Office of Natural Medicine may determine that an Approved Facilitator Training Program’s full approval should be withdrawn and the education program be closed, or that the education program should be placed on conditional approval, for any of the following reasons: a. The Approved Facilitator Training Program does not meet or comply with all the provisions contained in the Natural Medicine Health Act, the Office of Natural Medicine’s rules and regulations, or other state laws or regulations. Page 188 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 37 b. The Approved Facilitator Training Program has provided to the Office of Natural Medicine misleading, inaccurate, or falsified information to obtain or maintain full approval. c. The Approved Facilitator Training Program has a program non-completion average which falls below seventy-five percent for eight consecutive quarters. 5. Conditional Approval a. If the Office of Natural Medicine determines that an education program should be placed on conditional approval, the education program must submit status reports, on a schedule determined by the Office of Natural Medicine, related to the status of correction of the identified deficiencies. b. If an education program with conditional approval does not correct its deficiencies or meet the required conditions within the time period established by the Office of Natural Medicine, the Office of Natural Medicine may withdraw the education program’s conditional approval. c. Students who are certified as having completed an education program from an Approved Training Program on conditional status may submit an application for licensure, which will be reviewed on a case-by-case basis by the Director. 6. Appeal Rights a. Decisions of the Office of Natural Medicine to withdraw full approval or to offer conditional approval are subject to the Administrative Procedure Act, at section 24-4-105, C.R.S. 7. Any Approved Facilitator Training Program that loses full approval must inform all enrolled students and applicants of a change in the program’s approval status within two weeks of the date of the change in status. a. Students who are certified as having completed an education program from a training program that has lost full approval may submit an application for licensure, which will be reviewed on a case-by-case basis by the Director. K. Restoration of Full Approval to an Approved Facilitator Training Program 1. Upon satisfactory completion of all requirements to correct its deficiencies, an Approved Facilitator Training Program may petition the Office of Natural Medicine to restore its status to full approval. The education program must demonstrate compliance with the Natural Medicine Health Act, the Office of Natural Medicine’s rules and regulations, and all other state statutes and regulations. 2. If the Office of Natural Medicine does not restore full approval, the Approved Facilitator Training Program may petition the Office for an extension of conditional approval status not to exceed one year. As part of its petition, the Approved Facilitator Training Program must submit a corrective action plan that includes a time table to correct the identified deficiencies. 3. If a program loses full approval, it must apply to the Office of Natural Medicine to restore full approval. If a program loses conditional approval, it must apply to the Office of Natural Medicine to obtain authority to begin accepting students. Page 189 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 38 L. Denial or Withdrawal of Approval of an Approved Facilitator Training Program 1. An Approved Facilitator Training Program has the ability to seek review of decisions regarding full and conditional approval pursuant to the Administrative Procedure Act, section 24-4-105, C.R.S. 2. If the Office of Natural Medicine denies an application for program licensure, the applicant has 60 days to request a hearing on the denial or withdrawal. If requested, the Office of Natural Medicine will file a notice of denial with the office of administrative courts to adjudicate the merits of the denial or withdrawal, in accordance with section 24-4-105, C.R.S. M. Voluntary Closures of an Approved Facilitator Training Program 1. Approved Facilitator Training Programs desiring to close shall notify the Office of Natural Medicine, in writing, at least six months prior to the date of closing. 2. As part of the notification of closure required in Rule 4.1(M)(1), the Approved Facilitator Training Program shall submit a plan assuring for a smooth transition and the equitable treatment of students affected by the program closure. 3. When the governing body of an Approved Facilitator Training Program changes, the new governing body shall notify the Office of Natural Medicine within thirty days and comply or maintain compliance with the Natural Medicine Health Act, the Office of Natural Medicine’s rules and regulations, and all other state laws and regulations. 4. Students who are certified as having completed an education program from an Approved Training Program that has voluntarily closed may submit an application for licensure, which will be reviewed on a case-by-case basis by the Director. 4.2 Maintaining Approved Status Educational programs must comply with the requirements specified in these rules to maintain approved status. 4.3 Alternate Language for institutions seeking approval of training programs A. Any education program in this state desiring to receive from the Office of Natural Medicine approval of its educational program that prepares individuals for licensure as a facilitator shall apply to the Office of Natural Medicine and submit evidence that it is prepared to carry out an educational program that complies with the provisions of Rule 4.1. 5: REQUIREMENTS FOR ALL LICENSEES 5.1 Change of Name and Address A. Basis and Purpose and Authority. The purpose of this Rule is to provide licensees and staff with clear guidance regarding a licensee’s address of record for the Department’s purposes. The authority for adoption of these Rules is set forth in sections 12-20-204(1), 12-170-105, and 24-4-103, C.R.S. Page 190 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 39 B. The licensee shall inform the Department in a clear, explicit, and unambiguous written statement of any name, address, telephone, or email change within thirty days of the change. The Department will not change a licensee’s information without explicit written notification from the licensee. 1. The Department maintains one contact address for each licensee, regardless of the number of licenses the licensee may hold. 2. Address change requests for some, but not all communications, or for confidential communications only, are not accepted. C. The Department requires a copy of one of the following forms of documentation to correct or change a licensee’s name or social security number or individual taxpayer identification number: 1. Marriage license; 2. Divorce decree; 3. Court order; 4. Documentation from the Internal Revenue Service verifying the licensee’s valid individual taxpayer identification number; or 5. Driver’s license or social security card with a second form of identification may be acceptable at the discretion of the Department. 5.2 Reporting Criminal Convictions or Judgments A. Basis and Purpose and Authority. This Rule establishes the requirements for licensees to report criminal convictions or judgments. This Rule is promulgated pursuant to sections 12-20-204, 12-170-105(1), and 12-170-109, C.R.S. B. A licensee shall inform the Director in writing within thirty days of any of the following events: 1. The conviction of, the entry of a guilty plea or nolo contendere of the licensee to a felony as articulated in section 12-170-109(1)(b), C.R.S.; 2. Any adverse action that has been taken against the licensee by another licensing agency in another state or country, a peer review body, a healing center, a health-care institution, a professional society or association, a governmental agency, a law enforcement agency, or a court for acts or conduct that would constitute grounds for disciplinary or adverse action as described in this article 170; 3. The surrender of a license or other authorization to practice facilitation or the provision of natural medicine services in another state or jurisdiction or the surrender of membership on any healing center or other authorized health care institution’s staff or in any professional association or society while under investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as described in this article 170; 5.3 Records Retention A. Basis and Purpose and Authority. Page 191 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 40 This Rule establishes requirements for licensees to maintain participant records. This Rule is promulgated pursuant to sections 12-20-204, 12-170-105(1)(a), and 12-170-109, C.R.S. B. All licensed facilitators must complete and retain records for every participant to whom they provide natural medicine services. Records must be retained for three years after natural medicine services are rendered. If a facilitator is affiliated with a healing center, and the healing center retains a copy of the participants records, then the facilitator need not keep a copy. 5.4 Continuing Education Requirements A. Basis and Purpose and Authority. This Rule establishes requirements for licensees to undertake continuing education. This Rule is promulgated pursuant to sections 12-20-204, 12-170-105(1)(a), and 12-170-109, C.R.S. B. Facilitators must maintain active certification in Basic Life Support training. C. Every year a Facilitator and Clinical Facilitator licensees must complete a minimum of twenty (20) hours of continuing professional education related to the delivery of natural medicine services, including at least five (5) hours of ethics education. D. Licensees may satisfy continuing education requirements through attendance at workshops, seminars, symposia, colloquia, invited speaker sessions, institutes, or scientific or professional programs offered at meetings of local, state, regional, national, or international professional or scientific organizations. The activities completed pursuant to this Rule 5.4(C) may include online continuing education. Up to three hours of the required 20 hours of continuing education may be accrued from attendance at nonaccredited programming or through bona-fide facilitator peer support groups that otherwise meets the requirements of this Rule 5.4. Bona fide peer facilitator support group means a group of three or more licensed Facilitators or Clinical Facilitators that meet to discuss generally accepted standards of practice and anonymized experiences. E. Licensees must maintain copies of transcripts or certificates of attendance/completion for each continuing education seminar or course the licensee completed. Licensees must provide the Director with proof of completion of continuing education coursework upon request. 6: STANDARDS OF PRACTICE [RESERVED] 7: ADVERTISING [RESERVED] 8: DISCIPLINARY VIOLATIONS and UNLICENSED PRACTICE [RESERVED] 9: DECLARATORY ORDERS A. Basis and Purpose and Authority. These Rules are adopted pursuant to sections 12-20-204(1), 12-170-105(1)(a)(IV), and 24-4- 105(11), C.R.S., in order to provide for a procedure for entertaining requests for declaratory orders to terminate controversies or to remove uncertainties with regard to the applicability of statutory provisions or rules or orders of the Director to persons petitioning the Director. Page 192 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 41 B. Any person or entity may petition the Director for a declaratory order to terminate controversies or remove uncertainties as to the applicability of any statutory provision or of any rule or order of the Director. C. The Director will determine, at their discretion and without notice to the petitioner, whether to rule upon such petition. If the Director determines not to rule upon such a petition, the Director shall promptly notify the petitioner of their action and state the reasons for such decision. D. In determining whether to rule upon a petition filed pursuant to this rule, the Director will consider the following factors, among others: 1. Whether a ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provisions or rule or order of the Director. 2. Whether the petition involves any subject, question or issue that is the subject of a formal or informal matter or investigation currently pending before the Director or a court involving one or more petitioners. 3. Whether the petition involves any subject, question or issue that is the subject of a formal or informal matter or investigation currently pending before the Director or a court but not involving any petitioner. 4. Whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion. 5. Whether the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to C.R.C.P. 57, which will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule, or order in question. E. Any petition filed pursuant to this Rule shall set forth the following: 1. The name and address of the petitioner and whether the petitioner is licensed pursuant to Title 12, Article 170, C.R.S. 2. The statute, rule, or order to which the petition relates. 3. A concise statement of all the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner. F. If the Director decides to rule on the petition, the following procedures shall apply: 1. The Director may rule upon the petition based solely upon the facts presented in the petition. In such a case: a. Any ruling of the Director will apply only to the extent of the facts presented in the petition and any amendment to the petition. b. The Director may order the petitioner to file a written brief, memorandum, or statement of position. c. The Director may set the petition, upon due notice to the petitioner, for a non- evidentiary hearing. Page 193 of 305 CODE OF COLORADO REGULATIONS 4 CCR 755-1 Office of Natural Medicine Licensure 42 d. The Director may dispose of the petition on the sole basis of the matters set forth in the petition. e. The Director may request the petitioner to submit additional facts in writing. In such an event, such additional facts will be considered as an amendment to the petition. f. The Director may take administrative notice of facts pursuant to the Colorado Administrative Procedure Act, section 24-4-105(8), C.R.S., and may utilize its experience, technical competence, and specialized knowledge in the disposition of the petition. g. If the Director rules upon the petition without a hearing, the Director shall promptly notify the petitioner of the decision. h. The Director may, at their discretion, set the petition for hearing, upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petition. The hearing notice to the petitioner shall set forth, to the extent known, the factual or other matters that the Director intends to inquire. i. For the purpose of such a hearing, to the extent necessary, the petitioner shall have the burden of proving all the facts stated in the petition; all of the facts necessary to show the nature of the controversy or uncertainty; and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the Director to consider. G. The parties to any proceeding pursuant to this rule shall be the Director and the petitioner. Any other person may seek leave of the Director to intervene in such a proceeding and leave to intervene will be granted at the sole discretion of the Director. A petition to intervene shall set forth the same matters as are required by Section D of this Rule. Any reference to a “petitioner” in this rule also refers to any person who has been granted leave to intervene by the Director. H. Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to the Colorado Administrative Procedure Act at section 24-4-106, C.R.S. _____________ Editor’s Notes History Annotations Page 194 of 305 Page 195 of 305 Page 196 of 305 Page 197 of 305 Page 198 of 305 Page 199 of 305 Page 200 of 305 Page 201 of 305 Page 202 of 305 Page 203 of 305 Page 204 of 305 Page 205 of 305 Page 206 of 305 Page 207 of 305 Page 208 of 305 Page 209 of 305 Page 210 of 305 Page 211 of 305 Page 212 of 305 Page 213 of 305 Page 214 of 305 Page 215 of 305 Page 216 of 305 Page 217 of 305 Page 218 of 305 Page 219 of 305 Page 220 of 305 Page 221 of 305 Page 222 of 305 Page 223 of 305 Page 224 of 305 Page 225 of 305 Page 226 of 305 Page 227 of 305 Page 228 of 305 Page 229 of 305 Page 230 of 305 Page 231 of 305 Page 232 of 305 Page 233 of 305 Page 234 of 305 Page 235 of 305 Page 236 of 305 Page 237 of 305 Page 238 of 305 Page 239 of 305 Page 240 of 305 Page 241 of 305 Page 242 of 305 Page 243 of 305 Page 244 of 305 Page 245 of 305 Page 246 of 305 Page 247 of 305 Page 248 of 305 Page 249 of 305 Page 250 of 305 Page 251 of 305 Page 252 of 305 Page 253 of 305 Page 254 of 305 Page 255 of 305 Page 256 of 305 Page 257 of 305 Page 258 of 305 Page 259 of 305 Page 260 of 305 Page 261 of 305 Page 262 of 305 Page 263 of 305 Page 264 of 305 Page 265 of 305 Page 266 of 305 Page 267 of 305 Page 268 of 305 Page 269 of 305 Page 270 of 305 Page 271 of 305 Page 272 of 305 Page 273 of 305 Page 274 of 305 Page 275 of 305 Page 276 of 305 Page 277 of 305 Page 278 of 305 Page 279 of 305 Page 280 of 305 Page 281 of 305 Page 282 of 305 Page 283 of 305 Page 284 of 305 Page 285 of 305 Page 286 of 305 Page 287 of 305 Page 288 of 305 Page 289 of 305 Page 290 of 305 Page 291 of 305 Page 292 of 305 Page 293 of 305 Page 294 of 305 Page 295 of 305 Page 296 of 305 Page 297 of 305 Page 298 of 305 Page 299 of 305 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Power, Dan Poremba DEPARTMENT: Community Development DATE: November 25, 2024 SUBJECT: Resolution Authorizing the Transfer of the Ground Lease on the former Weingarten property in Englewood CityCenter to New Englewood, LLC DESCRIPTION: A motion approving a resolution authorizing the transfer of the ground lease on the former Weingarten property to New Englewood, LLC. RECOMMENDATION: Staff recommends that city council consider a motion to approve a resolution authorizing the City of Englewood’s consent to the transfer of the ground lease from PWR17-691 W Hampden Ave, LLC (PWR17), a related LNR Partners entity, to New Englewood, LLC, a joint venture of Ogilvie Properties and DPC Companies, both of Denver. PREVIOUS COUNCIL ACTION: In association with the redevelopment of the former Cinderella City Mall, the Englewood Environmental Foundation (EEF) granted a 75-year ground lease, dated August 4, 2000, covering the central retail-oriented portion of the property to Weingarten Miller Englewood Joint Venture. The debt associated with the ground lease interest was foreclosed on by bondholders in August of 2018. Since that time, city council has studied and provided direction to staff regarding proactive actions intended to assist in the disposition of the former Weingarten property ground lease, with the goal of achieving the redevelopment of the ground leased property as well as the adjacent city-controlled property (see the attached site plan). The Englewood Environmental Foundation was dissolved in 2023 and EEF’s interest in the subject ground lease and property was conveyed back to the City of Englewood by a quitclaim deed dated September 23, 2023. SUMMARY: The ground lease on the former Weingarten property portion of Englewood CityCenter was foreclosed on in August of 2018 by the bondholders who had provided debt financing to a successor of the initial retail developer/tenant. The bondholders have been represented by LNR Partners, a special servicer charged with disposing of the ground lease interest, and the bondholders’ trustee, Bank of America. Following many disposition efforts, which were interrupted or terminated by LNR and/or Bank of America, LNR selected New Englewood, LLC to acquire the ground lease interest. New Englewood, LLC is a joint venture comprised of two established Denver area commercial real estate firms, Ogilvie Properties and DPC Companies. The scheduled closing date is December 20, 2024. Page 300 of 305 ANALYSIS: The ground lease provides the city, as the landlord, a narrowly-defined, 30-day period to approve or disapprove the transfer of the lease from PWR17 to New Englewood, LLC. The city’s consent as landlord must be provided within 30 days of the consent request, which was forwarded to Community Development staff on October 31, 2024. Absent formal authorization by the city, the transfer consent identified in the lease would be deemed approved, unless there are reasonable grounds to disapprove. The proposed resolution is intended to convey the city's formal approval for the transfer of the ground lease. New Englewood, LLC representatives have complied with all information requests from city staff and consultants. In accordance with the ground lease transfer provisions, the submitted and reviewed information pertains to New Englewood’s real estate experience, financial capacity and plans to collaborate with the city to redevelop the former Weingarten property and, potentially, portions of the city's adjacent property. The recommended resolution is expected to facilitate the transfer of the ground lease and end the stagnating impacts associated with the special servicer's control of the leased property for the last six years. As a result, it is expected that redevelopment and revitalization of the former Weingarten property, and the larger CityCenter core area may move forward, including property owned and controlled by the City of Englewood. COUNCIL ACTION REQUESTED: Staff recommends city council approve, by motion, a resolution approving the transfer of the ground lease on the former Weingarten property from PWR17 to New Englewood, LLC, a joint venture of Ogilvie Properties and DPC Companies. FINANCIAL IMPLICATIONS: In addition to the general revitalization impacts, this redevelopment is expected to result in significant economic and fiscal benefit for the city. The specific financial implications associated with the redevelopment of CityCenter will be negotiated between the city and New Englewood, LLC through a formal, city council-authorized redevelopment agreement. CONNECTION TO STRATEGIC PLAN: The authorization of the transfer of the ground lease would address the following strategic plan goals: Local Economy Redevelop and densify CityCenter. Ensure commercial areas, like neighborhoods, have unique character and pedestrian amenities for employees and visitors. Transportation Increase ridership on RTD transit options in Englewood. Ensure an outstanding pedestrian experience along and near Englewood shuttle stops and route. ATTACHMENTS: Page 301 of 305 1. CityCenter Site Plan (former Weingarten property in red and city property in blue) 2. Resolution Page 302 of 305 A City of Englewood Property (City Property) LNR Partners (Former Weingarten Property) CityCenter Boundary A = Development Block ID W FLOYD AVE Wells Fargo Englewood LRT Station ArtWalk at CityCenter ArtWalk at CityCenter Walmart Hobby Lobby Englewood Plaza (Kimco) Wells Fargo Office Tower Englewood Civic Center 24 Hr. ENGLEWOOD PKWY Hampden Place Chase Big Lots B Civic Center Parking Garage Chuck E, Cheese Fitness (Vacant) Office Depot (Vacant) C Ross D Harbor Freight Petco What the Pho Hampden Place Medical Center Chase Office Tower Englewood Marketplace (Bristol) W HAMPDEN AVE S:\jvoboril\gis\LRT_Station\plots\ctyctr_core_redevelop_area_2023_revised2 E N G L E W O O D S T A T I O N / C I T Y C E N T E R C O R E R E D E V E L O P M E N T A R E A S IN C A ST S HU R O N ST S GA L A P A G O ST S FO X ST S EL A T I ST S DE L A W A R E ST S CH E R O K E E ST S BA N N O C K ST S AC O M A ST S BR O A D W A Y I Pa g e 3 0 3 o f 3 0 5 1 RESOLUTION NO. ___ SERIES OF 2024 A RESOLUTION AUTHORIZING AN ASSIGNMENT OF THE AUGUST 4, 2000 CITY CENTER GROUND LEASE TO NEW ENGLEWOOD, LLC WHEREAS, on August 4, 2000, Englewood Environmental Foundation, Inc. (“EEF”) granted a 75-year ground lease for Englewood City Center area to Weingarten Miller Englewood Joint Venture (hereafter “Ground Lease”); and WHEREAS, the grant of this Ground Lease raised sufficient funds to make significant improvement to City Center area, including the refurbishment of an existing portion of Cinderella City for use as Englewood Civic Center and Englewood Public Library; and WHEREAS, Weingarten’s interest in the Ground Lease was acquired by PWR17 – 691 W. Hampden Ave, LLC (“PWR17”) via Confirmation Deed dated August 22, 2018; and WHEREAS, EEF was dissolved in 2023, and the City of Englewood (“City”) acquired EEF’s interest in the Ground Lease via Quitclaim Deed dated September 23, 2023; and WHEREAS, on or about October 31, 2024, PWR17 notified the City of its intent to assign the Ground Lease to New Englewood, LLC; and WHEREAS, pursuant to Article VII, Section 3 of the Ground Lease, Tenant PWR17 may assign the lease “with the prior written consent” of Landlord City, “which consent may not be unreasonably withheld”; and WHEREAS, the Ground Lease provides that should Landlord City fail to approve or disapprove the proposed assignment within 30 days, “the Transfer shall deemed to be approved”; and WHEREAS, the City has studied the proposed assignment of Ground Lease and City Council desires to approve said assignment to New Englewood, LLC, so that it can assume the lease and be in a position to make significant and meaningful improvements to the safety, viability, commercial areas and housing stock of City Center area in Englewood. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Page 304 of 305 2 Section 1. The Englewood City Council hereby approves the transfer and assignment of the August 4, 2000 Ground Lease to successor Tenant New Englewood, LLC, as described in Article VII, Section 3 of the Ground Lease. Section 2. The Mayor, Mayor Pro Tem (in the Mayor’s absence), and/or City staff are hereby granted the authority to take all actions necessary to implement the provisions of Section 1 above. ADOPTED AND APPROVED this 25th day of November, 2024 Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify that the above is a true copy of Resolution No. ______, Series of 2024 Stephanie Carlile Page 305 of 305