(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 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;
(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.