Colorado’s regulated psychedelic access program is emerging with the recent publication of draft regulations governing facilitator training and business licensing. After 26 committee meetings and 11 listening sessions, the Department of Revenue (DOR) and the Department of Regulatory Agencies (DORA) have released their first rounds of draft rules and will be holding meetings to accept public comment over the next few months.
The first draft regulations released from DORA on February 16, 2024, cover facilitator license types, education and experiential requirements, and the approval of facilitator training programs. The current draft rules have already undergone one round of revisions and do not cover everything the agency will regulate. In the next few months, we expect to see draft regulations addressing remaining uncertainties including but not limited to consultation protocols, ethical guidelines, disciplinary measures, and scopes of practice. With DORA’s rulemaking process expected to continue throughout May, it’s important to note these draft rules are subject to change.
Unlike Oregon, which currently requires 120 hours of curriculum for its facilitator training program, Colorado has proposed a 150-hour minimum course work requirement. In addition, Colorado proposes two different tiers of facilitator training based on the prior professional training of the applicant, whereas Oregon offers one. The first is for “Facilitators,” and the second is for “Clinical Facilitators,” both of which require a Basic Life Support (BLS) certification and a 25-hour ethics course. A Clinical Facilitator license is unique because it would allow mental health professionals to incorporate natural medicines into their licensed practice, while Oregon strictly prohibits the practice of other separately licensed professions while providing facilitation services. Additionally, pursuant to the proposed rules, facilitators who have been licensed in another state for at least one year would potentially be permitted to apply for licensure in Colorado via the proposed “Occupational Credential Portability Program.” It is important to note, however, that all of these proposals are subject to change.
The Department of Revenue released its first round of draft rules two weeks later on March 13, 2024, covering a broad range of topics, including the duties of applicants and licensees, application requirements, licensure eligibility, as well as the definitions and disclosure of financial interests. Proposed initial application requirements are standard for highly regulated industries, and would mandate that information about each owner be provided, such as names, residence, and organizational details if the owner is an entity. Financial interests must also be disclosed, and procedures for ensuring an individual or entity does not have a financial interest in more than five licenses are contemplated. The draft rules also require detailed plans about the proposed licensed premises. This would include information confirming the applicant’s possession of the premises as well as documentation demonstrating compliance with local zoning laws. A comprehensive security plan outlining surveillance and storage arrangements for regulated natural medicine and products would also be mandatory if adopted as currently drafted.
As the rulemaking process progresses, the next steps involve continued public engagement to ensure the effective and equitable oversight of Colorado’s natural medicine businesses. The DOR will hold eight (8) more rulemaking meetings where stakeholders will have the chance to voice their questions, comments, and concerns. The next meeting will provide an overview of general requirements and is set to take place online April 10, 2024, at 9:00 a.m. MT. The final proposed rules will be published to the DOR’s website on or before July 18, 2024.
If you are interested in submitting public comment, please email cbarnes@feldmanlegaladvisors.com
