§ 12-170-105 — Director powers and duties - prohibition - rules
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(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 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;
(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;
(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 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;
(h) (I) Repealed.
(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.
(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.
Colorado § 12-170-105 (Director powers and duties - prohibition - rules) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.