To establish a system for collecting and managing data related to the use, regulation, and societal effects of natural medicine in Colorado, while also adjusting licensing procedures and expanding executive pardon authority.
Key Provisions
Data Collection Mandate
CDPHE must gather information in coordination with DOR and DORA.
Topics include:
Law enforcement incidents
Adverse health effects
Hospital and healthcare system impacts
Consumer protection complaints
Behavioral health effects
Additional Data from Healing Centers
If funds allow, CDPHE will also collect information from natural medicine facilitators and healing centers.
Data Storage
A centralized database will be created and maintained by CDPHE.
Sharing is limited:
Only with agencies that need it for regulatory functions
Only to the extent necessary for those functions
Database Sunset Clause
The database and its operations will automatically repeal after five years.
Funding
CDPHE may accept gifts, grants, and donations.
Restrictions apply: no money from entities with a financial interest in the outcomes.
Licensing Changes
Fingerprint-based background checks are eliminated.
Applicants for owner or employee licenses must complete a name-based judicial record check instead.
Product Labeling and Manufacturing
The state licensing authority must:
Adopt rules on labeling of regulated products.
May adopt rules on allowable types of natural medicine products.
Pardon Authority
The governor is allowed to issue class-based pardons for convictions involving possession of natural medicine.
Overall Effect
Creates a framework for ongoing evaluation and regulation of Colorado’s emerging natural medicine industry.
Balances public health monitoring, regulatory transparency, and criminal justice reform.
Summary
The bill directs the Colorado department of public health and environment (CDPHE), in coordination with the department of revenue (DOR) and the department of regulatory agencies (DORA), to collect information and data related to the use of natural medicine and natural medicine products, including data on the following topics:
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Law enforcement incidents involving the use of natural medicine and natural medicine products;
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Adverse health events involving the use of natural medicine and natural medicine products;
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Impacts on health-care facilities, hospitals, and health-care systems related to the use of natural medicine and natural medicine products;
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Consumer protection claims related to natural medicine and natural medicine products; and
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Behavioral health impacts related to the use of natural medicine and natural medicine products.
Subject to available appropriations, CDPHE shall also collect
relevant data and information related to the use of natural medicine from facilitators and healing centers. CDPHE is required to create and maintain a database of the information collected. CDPHE is prohibited from sharing the information and data collected, except in certain instances, such as sharing the information with agencies and departments for their regulatory purposes, and only to the extent the information is necessary for those purposes.
The operation and maintenance of the database is scheduled to
repeal after 5 years. CDPHE may accept gifts, grants, and donations related to the collection of the data and information, but only from private or public sources that do not have a financial interest in the outcomes of the data collection.
The bill clarifies certain statutory provisions related to the issuance
of owner licenses and employee licenses for natural medicine businesses. In existing statute, an applicant for an owner license or an employee license must submit to a fingerprint-based criminal history background check. The bill removes the fingerprinting requirement, but requires an applicant for a license to complete a name-based judicial record check.
The bill requires the state licensing authority to adopt rules related
to product labels for regulated natural medicine and regulated natural medicine products and permits the state licensing authority to adopt rules regarding the types of regulated natural medicine products that can be manufactured.
The bill permits the governor to grant pardons to a class of
defendants who were convicted of the possession of natural medicine.
