2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › LOTTERY (§§ 44-40-101 — 44-50-1001) › Article 50 - NATURAL MEDICINE (§§ 44-50-101 — 44-50-1001) › Part 2 - STATE LICENSING AUTHORITY (§§ 44-50-201 — 44-50-204) › Section 44-50-202 - Powers and duties of state licensing authority - report

(1)
The state licensing authority shall:
(a)
Beginning on or before December 31, 2024, grant or refuse state licenses for the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine or regulated natural medicine product; suspend, fine, restrict, or revoke such licenses, whether active, expired, or surrendered, upon a violation of this article 50 or a rule promulgated pursuant to this article 50; and impose any penalty authorized by this article 50 or a rule promulgated pursuant to this article 50. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 50 as it may with respect to a license issued pursuant to this article 50, in accordance with the procedures established pursuant to this article 50.
(b)
Promulgate rules for the proper regulation and control of the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine or regulated natural medicine product and for the enforcement of this article 50 and promulgate amended rules and such special rulings and findings as necessary;
(c)
Conduct investigations and hearings, gather evidence, and pursue disciplinary actions with respect to licenses when the state licensing authority has reasonable cause to believe that a person or entity is violating this article 50 or a rule promulgated pursuant to this article 50;
(d)
(I)
Petition a district court for an investigative subpoena applicable to a person who is not licensed pursuant to this article 50 to obtain documents or information necessary to enforce a provision of this article 50 or a rule promulgated pursuant to this article 50 after reasonable efforts have been made to obtain requested documents or information without a subpoena;
(II)
Apply to any court of competent jurisdiction to temporarily restrain or preliminarily or permanently enjoin the act in question of a person who is not licensed pursuant to this article 50 and to enforce compliance with this article 50 or a rule promulgated pursuant to this article 50 whenever it appears to the director of the natural medicine division upon sufficient evidence satisfactory to the director of the natural medicine division that a person has been or is committing an act prohibited by this article 50 or a rule promulgated pursuant to this article 50, and the act:
(A)
Threatens public health or safety; or
(B)
Constitutes an unlawful act for which the person does not hold the required license pursuant to this article 50;
(e)
Hear and determine at a public hearing any contested state license denial and any complaints against a licensee and administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing so held, all in accordance with article
4
of title
24
. The state licensing authority may, in its discretion, delegate to the department's hearing officers the authority to conduct licensing, disciplinary, and rule-making hearings pursuant to section
24-4-105
. When conducting the hearings, the hearing officers are employees of the state licensing authority under the direction and supervision of the executive director and the state licensing authority.
(f)
Develop forms, licenses, identification cards, and applications as necessary or convenient in the discretion of the state licensing authority for the administration of this article 50 or a rule promulgated pursuant to this article 50;
(g)
In coordination with the division of professions and occupations within the department of regulatory agencies pursuant to section
12-170-105 (1)(j)
, annually publish a publicly available report concerning the implementation and administration of this article 50 and article
170
of title
12
. The report must use relevant data, as determined by the state licensing authority and the director, and must not disclose the identity of any participant or include any information that could disclose the identity of a participant.
(h)
Develop and promote accurate public education campaigns related to the use of natural medicine or natural medicine product, including public service announcements, educational materials, and appropriate crisis response materials, and develop and promote training materials for first responders and multi-responders, including law enforcement, emergency medical providers, social services providers, and fire fighters.
(2)
Nothing in this article 50 delegates to the state licensing authority the power to fix prices for regulated natural medicine or regulated natural medicine product.
(3)
Nothing in this article 50 limits a law enforcement agency's ability to investigate unlawful activity in relation to a natural medicine licensee. A law enforcement agency has the authority to run a Colorado crime information center criminal history record check of a licensee or employee of a licensee during an investigation of unlawful activity related to natural medicine or natural medicine product.
(4)
The state licensing authority shall coordinate with the executive director of the department of public health and environment concerning the establishment of standards for licensing laboratories pursuant to the requirements outlined in section
25-1.5-120
for regulated natural medicine and regulated natural medicine product.
(5)
The state licensing authority shall, when financially feasible, establish procedures, policies, and programs to ensure this article 50 and rules promulgated pursuant to this article 50 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 state licensing authority may consult the board when considering procedures, policies, and programs pursuant to this subsection (5).
(6)
The state licensing authority has authority to collect available and relevant data necessary to perform functions and duties necessary to administer this article 50.
(7)
The state licensing authority, in coordination with other relevant agencies, shall request available and relevant data concerning law enforcement incidences, adverse health events, impacts to health-care systems, consumer protection claims, and behavioral health impacts related to natural medicine, natural medicine product, and natural medicine businesses. The state licensing authority shall include the available and relevant data in the report required pursuant to subsection (1)(g) of this section.
(8)
The state licensing authority shall perform other functions and duties necessary to administer this article 50.
Added by 2023 Ch. 249,§ 21, eff. 7/1/2023.