2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-106 - Board - creation - appointment - duties - report

(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.
Amended by 2023 Ch. 249,§ 5, eff. 7/1/2023.
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.