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.
(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 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.
(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.