Section 12-170-104 - DefinitionsAs used in this article 170, unless the context otherwise requires:
(1) "Administration session" means a session conducted at a healing center, or another location as allowed by this article 170 and article 50 of title 44, during which a participant consumes and experiences the effects of regulated natural medicine or regulated natural medicine product under the supervision of a facilitator.(2) "Board" means the state natural medicine advisory board created in section 12-170-106.(3) "Director" means the director of the division or the director's designee.(4) "Division" means the division of professions and occupations created in the department pursuant to section 12-20-103.(5) "Facilitation" means the performance and supervision of natural medicine services for a participant.(6) "Facilitator" means an individual who is twenty-one years of age or older; has the necessary qualifications, training, experience, and knowledge, as required pursuant to this article 170 or rules promulgated pursuant to this article 170, to perform and supervise natural medicine services for a participant; and is licensed by the director to engage in the practice of facilitation.(7) "Federally recognized American tribe" has the same meaning as "Indian tribe" as defined by the federal "Federally Recognized Indian Tribe List Act of 1994", as amended.(8) "Healing center" means a facility licensed by the state licensing authority pursuant to article 50 of title 44 that permits a facilitator to provide and supervise natural medicine services for a participant.(9) "Health-care facility" means an entity that is licensed, certified, or otherwise permitted by law to administer medical treatment in this state, including a hospital, clinic, hospice entity, community mental health center, federally qualified health center, rural health clinic, organization providing a program of all-inclusive care for the elderly, long-term care facility, continuing care retirement community, or other type of entity where health care is provided.(10) "Integration session" means a meeting between a participant and facilitator that occurs after the completion of an administration session.(11) "Local jurisdiction" means a county, municipality, or city and county.(12)(a) "Natural medicine" means the following substances: (b) In addition to the substances listed in subsection (12)(a) of this section, "natural medicine" includes: (I) Dimethyltryptamine, if recommended by the board and approved by the director and the executive director of the state licensing authority for inclusion on or after June 1, 2026;(II) Ibogaine, if recommended by the board and approved by the director and the executive director of the state licensing authority; or(III) Mescaline, if recommended by the board and approved by the director and the executive director of the state licensing authority for inclusion on or after June 1, 2026.(c) "Natural medicine" does not mean a synthetic or synthetic analog of the substances listed in subsections (12)(a) and (12)(b) of this section, including a derivative of a naturally occurring compound of natural medicine that is produced using chemical synthesis, chemical modification, or chemical conversion.(d) Notwithstanding subsection (12)(b)(III) of this section, "mescaline" does not include peyote, meaning all parts of the plant classified botanically as lophophora williamsii lemaire, whether growing or not; its seed; any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant; or its seeds or extracts.(13) "Natural medicine product" means a product infused with natural medicine that is intended for consumption.(14) "Natural medicine services" means a preparation session, administration session, and integration session provided pursuant to this article 170.(15) "Participant" means an individual who is twenty-one years of age or older and who receives natural medicine services performed by and under the supervision of a facilitator.(16) "Preparation session" means a meeting between a participant and facilitator that occurs before an administration session. "Preparation session" does not mean an initial consultation, an inquiry, or a response about natural medicine services.(17) "Regulated natural medicine" means a natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to article 50 of title 44.(18) "Regulated natural medicine product" means natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to article 50 of title 44.(19) "Remuneration" means anything of value, including money, real property, tangible and intangible personal property, contract right, chose in action, service, and any right of use or employment or promise or agreement connected therewith, business promotion, or commercial activity.(20) "State licensing authority" means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transportation, transfer, and dispensation of regulated natural medicine and regulated natural medicine product in this state pursuant to section 44-50-201.Amended by 2024 Ch. 452,§ 2, eff. 6/6/2024.Amended by 2023 Ch. 249,§ 3, eff. 7/1/2023.Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.