Colorado § 12-170-108 - License required - unauthorized practice - mandatory disclosure of information - data collection - rules.

§ 12-170-108. License required - unauthorized practice - mandatory disclosure of information - data collection - rules.

(1) An individual shall not engage in facilitation, or represent to the public or identify the individual's self as a facilitator, in this state until the individual has received a license from the director.

(2) A facilitator shall conspicuously display the license issued by the director in the healing center, including information concerning how to file a complaint against the facilitator with the director.

(3) Every licensee, permittee, registrant, or certificate holder shall provide the following information in writing to each participant prior to a preparation session, administration session, and integration session:

(a) The name, address, and phone number of the licensee, permittee, registrant, or certificate holder;

(b) An explanation of the regulations applicable to the licensee, permittee, registrant, or certificate holder pursuant to this article 170 or rules promulgated pursuant to this article 170;

(c) A listing of training, educational and experiential requirements, and qualifications the licensee, permittee, registrant, or certificate holder pursuant to this article 170 or rules promulgated pursuant to this article 170 satisfied in order to obtain a license, permit, registration, or certificate;

(d) A statement indicating that the licensee, permittee, registrant, or certificate holder is regulated by the division and an address and telephone number for the division; and

(e) A statement indicating that the participant is entitled to receive information about natural medicine services, may terminate natural medicine services at any time, and may terminate previously provided informed consent for physical contact at any time.

(4) Nothing in this section prohibits an individual from performing a bona fide religious, culturally traditional, or spiritual ceremony, if the individual informs an individual engaging in the ceremony that the individual is not a licensed facilitator and that the ceremony is not associated with commercial, business, or for-profit activity.

(5) (a) On and after July 1, 2026, a facilitator shall provide the department of public health and environment, created in section 25-1-102, with de-identified data and information related to the use of regulated natural medicine and regulated natural medicine products.

(b) The director, in conjunction with the department of public health and environment, shall adopt rules regarding the data and information provided by facilitators in accordance with this subsection (5), which data and information must include:

(I) Health outcome data;

(II) Demographic information;

(III) Individual-level data relating to the outcome of a participant's administration session;

(IV) Information about natural medicine services;

(V) Information provided by a participant prior to and following the participant's administration session; and

(VI) Other data and information as determined by the director.

(c) A facilitator shall de-identify the data and information provided to the department of public health and environment, including the removal or redaction of all personal identifying information of an individual, including the individual's name, address, and contact information.

(d) The department of public health and environment, in consultation with the director, shall determine the form, format, and timing for reporting the data and information collected by facilitators in accordance with this subsection (5).

(e) The requirements of this subsection (5) are subject to the department of public health and environment receiving sufficient funding for the pilot data collection program established in section 25-1.5-120.5 (3). If there is not sufficient funding available to finance the pilot data collection program, a facilitator is not required to provide information to the department of public health and environment and the director is not required to adopt rules in accordance with this subsection (5).

Source: Initiated 2022: Entire article added, Proposition 122, L. 2023, p. 3601, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section R&RE, (SB 23-290), ch. 249, p. 1384, § 7, effective July 1. L. 2025: (5) added, (SB 25-297), ch. 381, p. 2118, § 2, effective June 3.