C.R.S. § 12-170-106: Board - creation - appointment - duties - report.

(1) There is created within the division a natural medicine advisory board, which consists of fifteen voting members and one nonvoting member described in subsection (3) of this section, to advise the division and the state licensing authority concerning the implementation of this article 170 and article 50 of title 44. The board is advisory in nature and shall not exercise licensing, enforcement, rule-making, or operational authority.

(2) (a) The governor shall appoint the fifteen voting members to the board.

(b) In making appointments to the board, the governor shall ensure that the board reflects a diverse range of professional expertise, lived experience, and perspectives necessary to advise on the safe, effective, and equitable implementation of natural medicines authorized pursuant to this article 170.

(c) Members appointed to the board must have relevant experience to the natural medicine currently being regulated or under consideration by the board. Relevant experience may consist of work or expertise in the following areas:

(I) Medical, clinical, scientific, pharmacological, toxicological, or research related to natural medicine;

(II) Physical health care, mental health care, behavioral health care, or substance use disorder treatment;

(III) Emergency medical services, first responder services, or acute care medicine;

(IV) Public health, drug policy, harm reduction, or health-care policy;

(V) Natural medicine cultivation, sourcing, processing, manufacturing, supportive care provided prior to and following the administration of natural medicine, or quality control of natural medicine;

(VI) Regulatory compliance, professional licensure, health-care regulation, or laboratory standards;

(VII) Religious, spiritual, traditional, tribal, or Indigenous use of natural medicine;

(VIII) Issues impacting veterans or other populations disproportionately impacted by substance use disorder or mental health conditions;

(IX) Health-care access, health equity, or disparities in access to care;

(X) Criminal justice reform, drug policy reform, or impacts of prior drug enforcement policies; or

(XI) Issues affecting the ecology or culture of Indigenous people who have historically used natural medicine.

(d) Nothing in subsection (2)(c) of this section requires the board to represent all areas of expertise listed in subsection (2)(c) of this section.

(e) Subsection (2)(c) of this section does not limit the governor's discretion to appoint members whose qualifications are particularly relevant to a specific natural medicine that is being regulated or is under consideration by the board.

(3) Repealed.

(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) Members of the board may serve up to two consecutive terms.

(d) Members are subject to removal for misconduct, incompetence, neglect of duty, or unprofessional conduct, and the governor may remove a member from the board if the governor determines that changes to the board's composition are necessary to ensure the board possesses the expertise required to fulfill its advisory role with respect to a natural medicine being regulated or under consideration by the board.

(e) The governor shall fill a vacancy that occurs on the board within one hundred twenty days after the vacancy arises.

(f) A member appointed pursuant to subsection (4)(e) of this section serves for the duration of the term being filled, subject to subsection (4)(d) of this section.

(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 incomes, 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, including additional genera or species of plants that may be cultivated and manufactured to create semi-synthetic ibogaine such as the genera Tabernanthe plant, Voacanga africana plant, and Tabernaemontana plant;

(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.