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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0782.02 Chelsea Princell x4335 HOUSE BILL 26-1325
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING NATURAL MEDICINE.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill establishes the ibogaine research pilot program (pilot
program) in the behavioral health administration (BHA) to research the
safety and effectiveness of using ibogaine to treat mental health
conditions and substance use disorders.
The bill requires the BHA to establish a committee to review pilot
program site applications and make recommendations to the BHA on
which applicants to accept. The BHA may select up to 5 ibogaine pilot
sites.
HOUSE SPONSORSHIP
Caldwell and Feret,
SENATE SPONSORSHIP
Ball,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
The bill allows the BHA to seek, accept, and expend gifts, grants,
and donations and establishes the ibogaine research pilot program cash
fund (cash fund). Money from the cash fund may be used to administer
the pilot program and award grants to the selected ibogaine pilot sites to
help with financing needs.
The bill allows the state licensing authority for natural medicine
or natural medicine product (state licensing authority) to adopt rules
related to the administration, manufacturing, and use of ibogaine.
Under current law, the division of natural medicine advisory board
consists of 15 voting members; 8 of whom must have general expertise
and experience related to natural medicine and 7 of whom must have
specialized expertise and experience in various areas of natural medicine.
The bill amends the expertise and experience requirements to apply
equally to all 15 voting members.
The bill adds that a facilitator of natural medicine services is not
liable for a physical or psychological injury that a participant may
experience as a result of the facilitator's performance or supervision of the
natural medicine services that a participant receives, unless the injury is
the result of the facilitator's intentional misconduct, gross negligence, or
a deviation from the recognized standard of care.
The bill sets requirements for how the state licensing authority
must prioritize reviewing applications for licensure to facilitate natural
medicine services and allows the state licensing authority to set different
licensing fees depending on the type of natural medicine the applicant is
seeking licensure for.
The bill allows the state licensing authority to accept gifts, grants,
and donations from public or private sources and requires gifts, grants, or
donations received to be deposited in the regulated natural medicine
division cash fund.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Colorado is facing a severe and worsening mental health crisis4
due to high rates of mental health conditions and substance use disorders,5
including opioid use disorder;6
(b) Existing treatment approaches for treating mental health7
conditions and substance use disorders are often inadequate for long-term8
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remission and recovery, necessitating the exploration of innovative1
options;2
(c) Ibogaine is a psychoactive indole alkaloid derived from the3
root bark of the tabernanthe iboga plant and other plants, such as the4
voacanga africana plant, that have shown significant potential as5
life-saving treatment options for substance use disorders and mental6
health conditions;7
(d) A carefully regulated, medically supervised, and therapeutic8
framework for administering ibogaine is necessary to make ibogaine9
accessible, facilitate rigorous research, and ensure patient safety;10
(e) The mental health and well-being of veterans is a priority of11
the general assembly, and ibogaine treatment has shown promise in12
treating severe service-related post-traumatic stress disorder and other13
mental health conditions related to combat deployments; and14
(f) Establishing a research pilot program to explore the therapeutic15
uses of ibogaine, better understand potential risks of ibogaine use, and lay16
the groundwork for a future comprehensive regulatory program is17
necessary to find additional treatment options for people suffering from18
a mental health condition or a substance use disorder.19
SECTION 2. In Colorado Revised Statutes, add 27-60-207 as20
follows:21
27-60-207. Ibogaine research pilot program - creation - federal22
approval - fund - rules - reporting - definitions.23
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE24
REQUIRES:25
(a) "FUND" MEANS THE IBOGAINE RESEARCH PILOT PROGRAM CASH26
FUND CREATED IN SUBSECTION (10) OF THIS SECTION.27
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(b) "IBOGAINE PILOT SITE" MEANS A FACILITATION SITE SELECTED1
AND AUTHORIZED BY THE BHA TO ADMINISTER THE PILOT PROGRAM.2
(c) "P ILOT PROGRAM " MEANS THE IBOGAINE RESEARCH PILOT3
PROGRAM ESTABLISHED IN SUBSECTION (2) OF THIS SECTION.4
(2) THERE IS ESTABLISHED IN THE BHA THE IBOGAINE RESEARCH5
PILOT PROGRAM FOR THE PURPOSE OF SUPPORTING RESEARCH ON THE6
SAFETY AND EFFECTIVENESS OF USING IBOGAINE TO TREAT MENTAL7
HEALTH CONDITIONS AND SUBSTANCE USE DISORDERS.8
(3) THE BHA SHALL OPERATE THE PILOT PROGRAM. IN OPERATING9
THE PILOT PROGRAM, THE BHA:10
(a) MAY APPROVE UP TO FIVE IBOGAINE PILOT SITES;11
(b) MAY ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH12
EACH PILOT SITE TO ENSURE PROPER ADMINISTRATION OF THE PILOT13
PROGRAM;14
(c) I N PARTNERSHIP WITH THE IBOGAINE PILOT SITES , AND IN15
COORDINATION WITH OTHER APPROPRIATE STATE AGENCIES , MAY SEEK16
FEDERAL AUTHORIZATION PURSUANT TO 21 U.S.C. SEC. 872(e) OR OTHER17
APPLICABLE FEDERAL LAW FOR PURPOSES OF EXPANDING OR ADVANCING18
IBOGAINE RESEARCH EFFORTS;19
(d) SHALL ASSIST THE IBOGAINE PILOT SITES TO COMPLETE AND20
SUBMIT AN INVESTIGATIONAL NEW DRUG APPLICATION , OR REVISE AND21
EXPAND UPON AN EXISTING INVESTIGATIONAL NEW DRUG APPLICATION22
WITH THE UNITED STATES FOOD AND DRUG ADMINISTRATION IN23
ACCORDANCE WITH 21 CFR PART 312;24
(e) S HALL CONSIDER WHETHER TO OBTAIN FEDERAL RESEARCH25
PROGRAM STATUS UNDER 21 U.S.C. SEC . 872 OR OTHER APPLICABLE26
FEDERAL LAW FOR THE PURPOSES OF EXPANDING OR ADVANCING27
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RESEARCH EFFORTS OF THE PILOT SITES;1
(f) MAY NEGOTIATE A MEMORANDUM OF UNDERSTANDING WITH2
THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION , UNITED3
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES4
FOOD AND DRUG ADMINISTRATION, UNITED STATES ATTORNEY GENERAL,5
OR ANY OTHER APPROPRIATE FEDERAL AGENCY, AS NECESSARY TO ENSURE6
FEDERAL COMPLIANCE AND PROPER ADMINISTRATION OF THE PILOT7
PROGRAM;8
(g) M AY CONTRACT WITH INDIVIDUALS WITH EXPERTISE IN9
BEHAVIORAL HEALTH, NURSING, RESEARCHING A SCHEDULE I CONTROLLED10
SUBSTANCE, DRUG DEVELOPMENT , INSTITUTIONAL REVIEW BOARD AND11
UNITED STATES FOOD AND DRUG ADMINISTRATION REGULATORY12
COMPLIANCE, AND PHYSICIAN CONSULTATION SERVICES TO ASSIST IN THE13
ADMINISTRATION OF THE PILOT PROGRAM;14
(h) M AY ASSIST IBOGAINE PILOT SITES WITH F UNDING15
OPPORTUNITIES, INCLUDING IDENTIFYING AND APPLYING FOR STATE ,16
FEDERAL, OR PRIVATE GRANTS; AND17
(i) MAY AWARD GRANTS TO SELECTED IBOGAINE PILOT SITES TO18
ASSIST WITH OPERATIONAL COSTS.19
(4) (a) T HE BHA SHALL ESTABLISH A PROCESS TO SOLICIT AND20
SELECT IBOGAINE PILOT SITES.21
(b) T HE BHA SHALL ESTABLISH A PILOT PROPOSAL REVIEW22
COMMITTEE TO REVIEW APPLICATIONS RECEIVED FROM THE SOLICITATION23
PROCESS REQUIRED IN SUBSECTION (4)(a) OF THIS SECTION AND MAKE A24
RECOMMENDATION TO THE BHA ON THE SELECTION OR DENIAL OF EACH25
APPLICATION. THE BHA SHALL NOTIFY EACH APPLICANT OF THE26
SELECTION DECISION WITHIN NINETY DAYS AFTER THE APPLICATION27
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DEADLINE SET BY THE BHA.1
(5) T O BE ELIGIBLE AS AN IBOGAINE PILOT SITE , AN APPLICANT2
MUST:3
(a) DEMONSTRATE AN INTENT TO PURSUE THE FEDERAL APPROVAL4
TO OPERATE AN IBOGAINE PILOT SITE TO STUDY SAFETY AND TREATMENT5
EFFECTIVENESS OF THE USE OF IBOGAINE TO TREAT MENTAL HEALTH6
CONDITIONS AND SUBSTANCE USE DISORDERS; AND7
(b) E STABLISH A BENEFIT -SHARING PLAN THAT BENEFITS THE8
INDIGENOUS PEOPLE AND CULTURES THAT HAVE TRADITIONALLY WORKED9
WITH IBOGAINE OR THE TABERNANTHE IBOGA PLANT.10
(6) (a) T HE COMMISSIONER SHALL ADOPT RULES THAT ARE11
NECESSARY TO ESTABLISH AND ADMINISTER THE IBOGAINE PILOT12
PROGRAM. AT A MINIMUM, THE COMMISSIONER SHALL ADOPT RULES ON13
THE FOLLOWING:14
(I) THE APPLICATION PROCESS FOR PROSPECTIVE IBOGAINE PILOT15
SITE APPLICANTS;16
(II) CRITERIA FOR AWARDING GRANTS TO IBOGAINE PILOT SITES TO17
ASSIST THE IBOGAINE PILOT SITE WITH FUNDING;18
(III) DATA AND RESEARCH COLLECTION BY THE IBOGAINE PILOT19
SITES ON THE USE AND EFFECTIVENESS OF IBOGAINE IN TREATING MENTAL20
HEALTH CONDITIONS AND SUBSTANCE USE DISORDERS;21
(IV) INFORMATION SHARING BETWEEN THE IBOGAINE PILOT SITES22
AND THE BHA;23
(V) ADVERSE EVENT REPORTING; AND24
(VI) O THER RULES THAT ARE NECESSARY FOR THE SAFE AND25
EFFECTIVE OPERATION OF THE IBOGAINE PILOT SITES AND ADMINISTRATION26
OF THE IBOGAINE RESEARCH PILOT PROGRAM ESTABLISHED BY THIS27
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SECTION.1
(b) WITH THE EXCEPTION OF THE REQUIREMENTS OF SUBSECTION2
(6)(a) OF THIS SECTION , THE COMMISSIONER SHALL NOT ADOPT RULES3
THAT ARE DUPLICATIVE OF FEDERAL LAW.4
(7) O N OR BEFORE A DATE SET BY THE BHA AND ANNUALLY5
THEREAFTER THAT THE PILOT PROGRAM IS OPERATIONAL, EACH IBOGAINE6
PILOT SITE MUST SUBMIT THE DATA AND RESEARCH AS REQUIRED7
PURSUANT TO SUBSECTION (6)(a)(III) OF THIS SECTION FOR THE8
PROCEEDING YEAR TO THE BHA.9
(8) A T LEAST ANNUALLY , BUT NOT MORE THAN QUARTERLY,10
BEGINNING ONE MONTH AFTER THE DATE SET BY THE BHA DESCRIBED IN11
SUBSECTION (7) OF THIS SECTION WHILE THE PILOT PROGRAM IS12
OPERATIONAL, THE BHA MUST REVIEW THE DATA AND RESEARCH13
SUBMITTED BY THE IBOGAINE PILOT SITES, AS REQUIRED BY SUBSECTION14
(7) OF THIS SECTION, AND POST A REPORT DETAILING THE IBOGAINE PILOT15
SITE FINDINGS ON THE BHA'S WEBSITE.16
(9) THE BHA MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR17
DONATIONS RECEIVED FROM PRIVATE OR PUBLIC SOURCES FOR THE18
PURPOSES OF THIS SECTION . THE BHA SHALL TRANSMIT ALL MONEY19
RECEIVED THROUGH GIFTS , GRANTS , OR DONATIONS TO THE STATE20
TREASURER, WHO SHALL CREDIT THE MONEY TO THE IBOGAINE RESEARCH21
PILOT PROGRAM CASH FUND CREATED IN SUBSECTION (10) OF THIS22
SECTION. THE BHA MAY ACCEPT DONATIONS OF IN -KIND SERVICES FOR23
PURPOSES OF THIS SECTION.24
(10) T HE IBOGAINE RESEARCH PILOT PROGRAM CASH FUND IS25
CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF GIFTS, GRANTS,26
AND DONATIONS CREDITED TO THE FUND PURSUANT TO SUBSECTION (9) OF27
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THIS SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY1
APPROPRIATE OR TRANSFER TO THE FUND. THE STATE TREASURER SHALL2
CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND3
INVESTMENT OF MONEY IN THE FUND TO THE FUND. MONEY IN THE FUND4
IS CONTINUOUSLY APPROPRIATED TO THE BHA FOR THE PURPOSE OF5
ADMINISTERING THE IBOGAINE RESEARCH PILOT PROGRAM AND AWARDING6
GRANTS TO SELECTED IBOGAINE PILOT SITES.7
(11) THE OPERATION OF AN IBOGAINE PILOT SITE IN ACCORDANCE8
WITH THIS SECTION IS CONTINGENT ON FEDERAL APPROVAL.9
(12) T HIS SECTION DOES NOT PRECLUDE A PERSON FROM10
ADMINISTERING IBOGAINE OUTSIDE OF THE PILOT PROGRAM IN11
COMPLIANCE WITH FEDERAL LAW OR AS PERMITTED PURSUANT TO THE12
"NATURAL MEDICINE HEALTH ACT OF 2022", ARTICLE 170 OF TITLE 12.13
(13) A N INDIVIDUAL OR ENTITY PARTICIPATING IN THE PILOT14
PROGRAM MUST NOT BE PROSECUTED OR OTHERWISE DISCIPLINED FOR15
ACTIONS OR CONDUCT PERMITTED PURSUANT TO THIS SECTION.16
(14) A PHYSICIAN OR HEALTH -CARE PROFESSIONAL17
ADMINISTERING IBOGAINE TO PARTICIPANTS AS PART OF THE PILOT18
PROGRAM, OR AN IBOGAINE PILOT SITE, IS NOT LIABLE FOR A PHYSICAL OR19
PSYCHOLOGICAL INJURY THAT A PARTICIPANT MAY EXPERIENCE AS A20
RESULT OF BEING ADMINISTERED IBOGAINE AS A PARTICIPANT IN THE PILOT21
PROGRAM, UNLESS THE INJURY WAS THE DIRECT RESULT OF THE22
PHYSICIAN 'S OR HEALTH -CARE PROFESSIONAL 'S INTENTIONAL23
MISCONDUCT, GROSS NEGLIGENCE , OR A DEVIATION FROM THE24
RECOGNIZED STANDARD OF CARE.25
SECTION 3. In Colorado Revised Statutes, 12-170-104, amend26
(12)(b)(II) and (12)(c) as follows:27
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12-170-104. Definitions.1
As used in this article 170, unless the context otherwise requires:2
(12) (b) In addition to the substances listed in subsection (12)(a)3
of this section, "natural medicine" includes:4
(II) Ibogaine, if recommended by the board and approved by the5
director and the executive director of the state licensing authority; AND6
IBOGAINE DERIVED FROM A SEMI -SYNTHETIC PROCESS USING THE7
TABERNANTHE IBOGA PLANT OR VOACANGA AFRICANA PLANT , IF8
APPROVED BY THE BOARD AS A NATURAL MEDICINE AND TO THE EXTENT9
PERMITTED BY THE STATE LICENSING AUTHORITY , FOR USE IN THE10
REGULATED PROGRAMS; or11
(c) "Natural medicine" does not mean a synthetic or synthetic12
analog of the substances listed in subsections (12)(a) and (12)(b) of this13
section, including a derivative of a naturally occurring compound of14
natural medicine that is produced using chemical synthesis, chemical15
modification, or chemical conversion, EXCEPT FOR IBOGAINE DERIVED16
FROM A SEMI-SYNTHETIC PROCESS USING THE TABERNANTHE IBOGA PLANT17
OR VOACANGA AFRICANA PLANT THAT IS APPROVED BY THE BOARD FOR18
USE AS A NATURAL MEDICINE AND TO THE EXTENT PERMITTED BY THE19
STATE LICENSING AUTHORITY, FOR USE IN THE REGULATED PROGRAMS.20
SECTION 4. In Colorado Revised Statutes, 12-170-106, amend21
(1), (2), and (4)(c); and add (4)(d), (4)(e), and (4)(f) as follows:22
12-170-106. Board - creation - appointment - duties - report.23
(1) There is created within the division a natural medicine24
advisory board, which consists of fifteen VOTING members AND ONE25
NONVOTING MEMBER DESCRIBED IN SUBSECTION (3) OF THIS SECTION, to26
advise the division and the state licensing authority concerning the27
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implementation of this article 170 and article 50 of title 44. THE BOARD1
IS ADVISORY IN NATURE AND SHALL NOT EXERCISE LICENSING ,2
ENFORCEMENT, RULE-MAKING, OR OPERATIONAL AUTHORITY.3
(2) (a) The governor shall appoint initial board members on or4
before January 31, 2023, with consent of the senate. The members must5
include: THE GOVERNOR SHALL APPOINT THE FIFTEEN VOTING MEMBERS6
TO THE BOARD.7
(a) (b) Seven members with significant expertise and experience8
in one or more of the following areas: Natural medicine therapy,9
medicine, and research; mycology and natural medicine cultivation;10
licensee qualifications; emergency medical services and services provided11
by first responders; mental and behavioral health care; health-care12
insurance and health-care policy; and public health, drug policy, and harm13
reduction; and IN MAKING APPOINTMENTS TO THE BOARD, THE GOVERNOR14
SHALL ENSURE THAT THE BOARD REFLECTS A DIVERSE RANGE OF15
PROFESSIONAL EXPERTISE , LIVED EXPERIENCE , AND PERSPECTIVES16
NECESSARY TO ADVISE ON THE SAFE , EFFECTIVE , AND EQUITABLE17
IMPLEMENTATION OF NATURAL MEDICINES AUTHORIZED PURSUANT TO18
THIS ARTICLE 170.19
(b) (c) Eight members with significant expertise and experience20
in one or more of the following areas: Religious use of natural medicines;21
issues confronting veterans; traditional tribal or Indigenous use of natural22
medicines; levels and disparities in access to health-care services among23
different communities; and past criminal justice reform efforts in24
Colorado. At least one of the eight members must have expertise or25
experience in traditional, tribal, or Indigenous use of natural medicines.26
MEMBERS APPOINTED TO THE BOARD MUST HAVE RELEVANT EXPERIENCE27
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TO THE NATURAL MEDICINE CURRENTLY BEING REGULATED OR UNDER1
CONSIDERATION BY THE BOARD. RELEVANT EXPERIENCE MAY CONSIST OF2
WORK OR EXPERTISE IN THE FOLLOWING AREAS:3
(I) M EDICAL, CLINICAL , SCIENTIFIC , PHARMACOLOGICAL ,4
TOXICOLOGICAL, OR RESEARCH RELATED TO NATURAL MEDICINE;5
(II) PHYSICAL HEALTH CARE, MENTAL HEALTH CARE, BEHAVIORAL6
HEALTH CARE, OR SUBSTANCE USE DISORDER TREATMENT;7
(III) EMERGENCY MEDICAL SERVICES, FIRST RESPONDER SERVICES,8
OR ACUTE CARE MEDICINE;9
(IV) P UBLIC HEALTH , DRUG POLICY , HARM REDUCTION , OR10
HEALTH-CARE POLICY;11
(V) NATURAL MEDICINE CULTIVATION, SOURCING, PROCESSING,12
MANUFACTURING, SUPPORTIVE CARE PROVIDED PRIOR TO AND FOLLOWING13
THE ADMINISTRATION OF NATURAL MEDICINE, OR QUALITY CONTROL OF14
NATURAL MEDICINE;15
(VI) R EGULATORY COMPLIANCE , PROFESSIONAL LICENSURE ,16
HEALTH-CARE REGULATION, OR LABORATORY STANDARDS;17
(VII) R ELIGIOUS, SPIRITUAL , TRADITIONAL , TRIBAL , OR18
INDIGENOUS USE OF NATURAL MEDICINE;19
(VIII) I SSUES IMPACTING VETERANS OR OTHER POPULATIONS20
DISPROPORTIONATELY IMPACTED BY SUBSTANCE USE DISORDER OR21
MENTAL HEALTH CONDITIONS;22
(IX) HEALTH-CARE ACCESS, HEALTH EQUITY, OR DISPARITIES IN23
ACCESS TO CARE;24
(X) C RIMINAL JUSTICE REFORM , DRUG POLICY REFORM , OR25
IMPACTS OF PRIOR DRUG ENFORCEMENT POLICIES; OR26
(XI) ISSUES AFFECTING THE ECOLOGY OR CULTURE OF INDIGENOUS27
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PEOPLE WHO HAVE HISTORICALLY USED NATURAL MEDICINE.1
(d) NOTHING IN SUBSECTION (2)(c) OF THIS SECTION REQUIRES THE2
BOARD TO REPRESENT ALL AREAS OF EXPERTISE LISTED IN SUBSECTION3
(2)(c) OF THIS SECTION.4
(e) S UBSECTION (2)(c) OF THIS SECTION DOES NOT LIMIT THE5
GOVERNOR'S DISCRETION TO APPOINT MEMBERS WHOSE QUALIFICATIONS6
ARE PARTICULARLY RELEVANT TO A SPECIFIC NATURAL MEDICINE THAT IS7
BEING REGULATED OR IS UNDER CONSIDERATION BY THE BOARD.8
(4) (c) Except for the executive director of the state licensing9
authority, or the executive director's designee, members of the board may10
serve up to two consecutive terms. Members are subject to removal for11
misconduct, incompetence, neglect of duty, or unprofessional conduct.12
(d) M EMBERS ARE SUBJECT TO REMOVAL FOR MISCO NDUCT,13
INCOMPETENCE, NEGLECT OF DUTY, OR UNPROFESSIONAL CONDUCT, AND14
THE GOVERNOR MAY REMOVE A MEMBER FROM THE BOARD IF THE15
GOVERNOR DETERMINES THAT CHANGES TO THE BOARD 'S COMPOSITION16
ARE NECESSARY TO ENSURE THE BOARD POSSESSES THE EXPERTISE17
REQUIRED TO FULFILL ITS ADVISORY ROLE WITH RESPECT TO A NATURAL18
MEDICINE BEING REGULATED OR UNDER CONSIDERATION BY THE BOARD.19
(e) THE GOVERNOR SHALL FILL A VACANCY THAT OCCURS ON THE20
BOARD WITHIN ONE HUNDRED TWENTY DAYS AFTER THE VACANCY ARISES.21
(f) A MEMBER APPOINTED PURSUANT TO SUBSECTION (4)(e) OF22
THIS SECTION SERVES FOR THE DURATION OF THE TERM BEING FILLED ,23
SUBJECT TO SUBSECTION (4)(d) OF THIS SECTION.24
SECTION 5. In Colorado Revised Statutes, 12-170-113, add (3)25
as follows:26
12-170-113. Protections.27
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(3) A FACILITATOR IS NOT LIABLE FOR A PHYSICAL OR1
PSYCHOLOGICAL INJURY THAT A PARTICIPANT MAY EXPERIENCE AS A2
RESULT OF THE FACILITATOR 'S PERFORMANCE OR SUPERVISION OF3
NATURAL MEDICINE SERVICES FOR A PARTICIPANT , UNLESS THE INJURY4
WAS THE DIRECT RESULT OF THE FACILITATOR 'S INTENTIONAL5
MISCONDUCT, GROSS NEGLIGENCE , OR A DEVIATION FROM THE6
RECOGNIZED STANDARD OF CARE.7
SECTION 6. In Colorado Revised Statutes, 44-50-104, amend8
(2) as follows:9
44-50-104. Applicability.10
(2) A person applying for licensure pursuant to this article 50 must11
complete forms as provided by the state licensing authority and must pay12
the application fee and the licensing fee, which must be credited to the13
regulated natural medicine division cash fund established pursuant to14
section 44-50-601. The state licensing authority shall prioritize reviewing15
applications from applicants who have established residency in Colorado.16
IN THE FOLLOWING ORDER:17
(a) A PPLICANTS WHO PARTICIPATE IN THE PILOT PROGRAM TO18
ADMINISTER IBOGAINE PURSUANT TO SECTION 27-60-207 AND ARE A19
PARTY TO A MEMORANDUM OF UNDERSTANDING WITH THE BEHAVIORAL20
HEALTH ADMINISTRATION;21
(b) A PPLICANTS WHO HAVE ESTABLISHED RESIDENCY IN22
COLORADO; AND23
(c) APPLICANTS WHO DEMONSTRATE PRIORITY REVIEW STATUS AS24
ESTABLISHED BY THE STATE LICENSING AUTHORITY IN RULE.25
SECTION 7. In Colorado Revised Statutes, 44-50-203, amend26
(2)(r) and (2)(s)(III); and add (2)(t), (4)(c), and (5) as follows:27
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44-50-203. State licensing authority - rules.1
(2) Permissive rule-making. Rules adopted pursuant to section2
44-50-202 (1)(b) may include, but need not be limited to, the following3
subjects:4
(r) Such Other matters as are necessary for the fair, impartial,5
stringent, and comprehensive administration of this article 50; and6
(s) Requirements that healing centers collect data and information7
related to regulated natural medicine services and provide the data and8
information to the department of public health and environment in9
accordance with section 44-50-401 (6), which data and information must10
include:11
(III) Other information as determined by the state licensing12
authority in consultation with the department of public health and13
environment; AND14
(t) R EQUIREMENTS FOR THE USE AND ADMINISTRATION OF15
IBOGAINE, INCLUDING:16
(I) REQUIRING MEDICAL PRESCREENING, WHICH MAY INCLUDE AN17
ELECTROCARDIOGRAM, BLOOD TESTS , GENETIC TESTS , AND ANY OTHER18
MEDICAL TEST, THE RESULTS OF WHICH MAY BE USED TO HELP REDUCE THE19
RISKS RELATED TO IBOGAINE ADMINISTRATION FOR A PARTICIPANT;20
(II) REQUIRING CONTINUOUS MEDICAL MONITORING DURING AN21
IBOGAINE ADMINISTRATION SESSION;22
(III) R EQUIRING APPROPRIATE OVERSIGHT BY TRAINED AND23
EXPERIENCED MEDICAL PROFESSIONALS DURING AN IB OGAINE24
ADMINISTRATION SESSION;25
(IV) ESTABLISHING SPECIFIC STAFF-TO-PARTICIPANT RATIOS;26
(V) LIMITING PRODUCTS CONTAINING IBOGAINE, AS NECESSARY,27
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DUE TO ITS HEALTH AND SAFETY RISKS; AND1
(VI) E STABLISHING MINIMUM MANUFACTURING AND TESTING2
STANDARDS OR EXPECTATIONS FOR IBOGAINE AND IBOGAINE PRODUCTS,3
INCLUDING REQUIREMENTS THAT CULTIVATED AND MANUFACTURED4
PRODUCTS INCLUDE INFORMATION ABOUT SOURCE MATERIAL , AND5
REQUIREMENTS FOR ADDITIVES AND INGREDIENTS.6
(4) (c) T HE STATE LICENSING AUTHORITY MAY ESTABLISH7
DIFFERENT APPLICATION FEES FOR LICENSES BASED ON THE TYPE OF8
NATURAL MEDICINE THAT THE LICENSEE SEEKS TO ADMINISTER OR9
DISPENSE.10
(5) A LICENSEE SEEKING TO CULTIVATE , MANUFACTURE, TEST ,11
DISPENSE, OR ADMINISTER IBOGAINE SHALL , BASED ON CONSULTATION12
WITH THE INDIGENOUS COMMUNITIES THAT HAVE TRADITIONALLY USED13
IBOGA OR IBOGAINE , ESTABLISH A PLAN THAT BENEFITS THOSE14
INDIGENOUS COMMUNITIES. THE LICENSEE SHALL MAINTAIN RECORDS OF15
THE PLAN AND MAKE THE PLAN PUBLICLY AVAILABLE, UPON REQUEST. 16
SECTION 8. In Colorado Revised Statutes, 44-50-601, amend17
(1)(a) as follows:18
44-50-601. Regulated natural medicine cash fund - created -19
rules - fees.20
(1) (a) All Money collected by the state licensing authority21
pursuant to this article 50 or rules promulgated ADOPTED pursuant to this22
article 50 must be transmitted to the state treasurer, who shall credit the23
same to the regulated natural medicine division cash fund, which is24
hereby created IN THE STATE TREASURY. The regulated natural medicine25
division cash fund, referred to in this section as the "fund", consists of:26
(I) The money collected by the state licensing authority; and27
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(II) G IFTS, GRANTS , OR DONATIONS FROM PUBLIC OR PRIVATE1
SOURCES; AND2
(II) (III) Any additional general fund money appropriated to the3
fund that is necessary for the operation of the state licensing authority.4
SECTION 9. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly (August7
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a8
referendum petition is filed pursuant to section 1 (3) of article V of the9
state constitution against this act or an item, section, or part of this act10
within such period, then the act, item, section, or part will not take effect11
unless approved by the people at the general election to be held in12
November 2026 and, in such case, will take effect on the date of the13
official declaration of the vote thereon by the governor.14
HB26-1325-16-