Colorado § 12-170-113 - Protections.

§ 12-170-113. Protections.

(1) Subject to the limitations in this article 170 and article 50 of title 44, but notwithstanding any other provision of law:

(a) Actions and conduct permitted pursuant to a license, registration, permit, or certificate issued by the director pursuant to this article 170, or by those who allow property to be used pursuant to a license, registration, permit, or certificate issued by the director pursuant to this article 170, are lawful and are not an offense under state law or the laws of any local jurisdiction within this state; are not subject to a civil fine, penalty, or sanction; are not a basis for detention, search, or arrest; and are not a basis to deny any right or privilege or to seize or forfeit assets under state law or the laws of any local jurisdiction within this state.

(b) A contract is not unenforceable on the basis that natural medicine or natural medicine product, as allowed pursuant to this article 170, is prohibited by federal law.

(c) Mental health care, substance use disorder intervention services, or behavioral health services otherwise covered pursuant to the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, must not be denied on the basis that they are covered in conjunction with natural medicine services or that natural medicine and natural medicine product are prohibited by federal law. Insurance or an insurance provider is not required to cover the cost of natural medicine or natural medicine product.

(d) Nothing in this section may be construed or interpreted to prevent the director from enforcing rules promulgated by the director against a licensee, registrant, permittee, or certificate holder or limit a state or local law enforcement agency's ability to investigate unlawful activity in relation to a licensee, registrant, permittee, or certificate holder.

(2) A professional or occupational license, registration, permit, or certificate holder is not subject to professional discipline or loss of a professional or occupational license, registration, permit, or certificate for providing advice or services arising out of or related to a natural medicine license, registration, permit, or certificate issued pursuant to this article 170 or article 50 of title 44 or application for a license, registration, permit, or certificate issued pursuant to this article 170 or article 50 of title 44 on the basis that natural medicine and natural medicine product are prohibited by federal law or for personal use of natural medicine or natural medicine allowed pursuant to this article 170. This article 170 does not authorize an individual to engage in conduct that in the course of practicing under the individual's license, registration, permit, or certificate would violate standards of care or scope of practice of the individual's profession or occupation as required by any provision of law or rule.

(3) (a) A facilitator is not liable for money damages in a civil malpractice action for a physical or psychological injury that a participant may experience as a result of the facilitator's performance or supervision of natural medicine services for a participant, unless the injury was the direct result of the facilitator's intentional misconduct or gross negligence or a deviation from the generally accepted standards of practice.

(b) This subsection (3) does not apply to administrative proceedings.

Source: Initiated 2022: Entire article added, Proposition 122, L. 2023, p. 3605, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section R&RE, (SB 23-290), ch. 249, p. 1387, § 12, effective July 1. L. 2026: (3) added, (HB 26-1325), ch. 372, p. 2258, § 6, effective August 12.

Editor's note: This section is similar to former §§ 12-170-108 and 12-170-109 (1)(f) as they existed prior to 2023, and the former § 12-170-113 was relocated to § 12-170-115 in 2023.

Cross references: For the legislative declaration in HB 26-1325, see section 1 of chapter 372, Session Laws of Colorado 2026.