As used in this article 170, unless the context
otherwise requires:
(1) Administration session means a session conducted at a healing center,
or another location as allowed by this article 170 and article 50 of title 44, during
which a participant consumes and experiences the effects of regulated natural
medicine or regulated natural medicine product under the supervision of a
facilitator.
(2) Board means the natural medicine advisory board created in section 12-170-106.
(3) Director means the director of the division or the director's designee.
(4) Division means the division of professions and occupations created in
the department pursuant to section 12-20-103.
(5) Facilitation means the performance and supervision of natural medicine
services for a participant.
(6) Facilitator means an individual who is twenty-one years of age or older;
has the necessary qualifications, training, experience, and knowledge, as required
pursuant to this article 170 or rules promulgated pursuant to this article 170, to
perform and supervise natural medicine services for a participant; and is licensed
by the director to engage in the practice of facilitation.
(7) Federally recognized American tribe has the same meaning as Indian
tribe as defined by the federal Federally Recognized Indian Tribe List Act of
1994, 25 U.S.C. sec. 5130, as amended.
(8) Healing center means a facility licensed by the state licensing authority
pursuant to article 50 of title 44 that permits a facilitator to provide and supervise
natural medicine services for a participant.
(9) Health-care facility means an entity that is licensed, certified, or
otherwise permitted by law to administer medical treatment in this state, including
a hospital, clinic, hospice entity, community mental health center, federally
qualified health center, rural health clinic, organization providing a program of all-inclusive care for the elderly, long-term care facility, continuing care retirement
community, or other type of entity where health care is provided.
(10) Integration session means a meeting between a participant and
facilitator that occurs after the completion of an administration session.
(11) Local jurisdiction means a county, municipality, or city and county.
(12) (a) Natural medicine means the following substances:
(I) Psilocybin; or
(II) Psilocin.
(b) In addition to the substances listed in subsection (12)(a) of this section,
natural medicine includes:
(I) Dimethyltryptamine, if recommended by the board and approved by the
director and the executive director of the state licensing authority for inclusion on
or after June 1, 2026;
(II) Ibogaine, if recommended by the board and approved by the director and
the executive director of the state licensing authority; or
(III) Mescaline, if recommended by the board and approved by the director
and the executive director of the state licensing authority for inclusion on or after
June 1, 2026.
(c) Natural medicine does not mean a synthetic or synthetic analog of the
substances listed in subsections (12)(a) and (12)(b) of this section, including a
derivative of a naturally occurring compound of natural medicine that is produced
using chemical synthesis, chemical modification, or chemical conversion.
(d) Notwithstanding subsection (12)(b)(III) of this section, mescaline does
not include peyote, meaning all parts of the plant classified botanically as
lophophora williamsii lemaire, whether growing or not; its seed; any extract from
any part of the plant, and every compound, salt, derivative, mixture, or preparation
of the plant; or its seeds or extracts.
(13) Natural medicine product means a product infused with natural
medicine that is intended for consumption.
(14) Natural medicine services means a preparation session, administration
session, and integration session provided pursuant to this article 170.
(15) Participant means an individual who is twenty-one years of age or
older and who receives natural medicine services performed by and under the
supervision of a facilitator.
(16) Preparation session means a meeting between a participant and
facilitator that occurs before an administration session. Preparation session does
not mean an initial consultation, an inquiry, or a response about natural medicine
services.
(17) Regulated natural medicine means a natural medicine that is
cultivated, manufactured, tested, stored, distributed, transported, transferred, or
dispensed pursuant to article 50 of title 44.
(18) Regulated natural medicine product means natural medicine product
that is cultivated, manufactured, tested, stored, distributed, transported,
transferred, or dispensed pursuant to article 50 of title 44.
(19) Remuneration means anything of value, including money, real
property, tangible and intangible personal property, a contract right, a chose in
action, a service, and any right of use or employment or promise or agreement
connected therewith, business promotion, or commercial activity.
(20) State licensing authority means the authority created for the purpose
of regulating and controlling the licensing of the cultivation, manufacturing,
testing, storing, distribution, transportation, transfer, and dispensation of regulated
natural medicine and regulated natural medicine product in this state pursuant to
section 44-50-201.