§ 44-50-601 — Regulated natural medicine cash fund - created - rules - fees

(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 state licensing authority 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 state licensing authority 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).

(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 name-based judicial record check and
background investigation undertaken to qualify new officers, directors, owners,
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.

Legislative History

Source: L. 2023: Entire article added, (SB 23-290), ch. 249, p. 1407, � 21, effective July 1. L. 2025: (2) and (3)(c) amended, (SB 25-297), ch. 381, p. 2122, � 6, effective June 3.