Current through 11/5/2024 election
Section 44-50-103 - DefinitionsAs used in this article 50, unless the context otherwise requires:
(1) "Administration session" means a session conducted at a healing center, or other location if permitted by this article 50 or rules promulgated pursuant to this article 50, during which a participant consumes and experiences the effects of natural medicine 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 natural medicine division or the director's designee.(4) "Division" means the natural medicine division created in the department.(5) "Facilitator" means a natural person who is twenty-one years of age or older, has the necessary qualifications, training, experience, and knowledge to perform and supervise natural medicine services for a participant, and is licensed to engage in the practice of facilitation by the director of the division of professions and occupations in the department of regulatory agencies pursuant to article 170 of title 12.(6) "Healing center" means a facility licensed by the state licensing authority pursuant to this article 50 that permits a facilitator to provide and supervise natural medicine services for a participant.(7) "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, hospice facility, 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.(8) "Integration session" means a meeting between a participant and facilitator that occurs after the completion of an administration session.(9) "License" means to grant a license, permit, or registration pursuant to this article 50 or rules promulgated pursuant to this article 50.(10) "Licensed premises" means the premises specified in an application for a license pursuant to this article 50 that the licensee owns or is in possession of and within which the licensee is authorized to cultivate, manufacture, test, store, distribute, transport, transfer, or dispense natural medicine or natural medicine product in accordance with this article 50.(11) "Licensee" means a person licensed, registered, or permitted pursuant to this article 50 or rules promulgated pursuant to this article 50.(12) "Local jurisdiction" means a county, municipality, or city and county.(13)(a) "Natural medicine" means the following substances:(b) In addition to the substances listed in subsection (13)(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 for inclusion; 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 (13)(a) and (13)(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 (13)(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 seeds; any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant; or its seeds or extracts.(14) "Natural medicine business" means any of the following entities licensed pursuant to this article 50: A natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, a natural medicine testing facility, or another licensed entity created by the state licensing authority.(15) "Natural medicine product" means a product infused with natural medicine that is intended for consumption.(16) "Natural medicine services" means a preparation session, administration session, and integration session provided pursuant to article 170 of title 12.(17) "Participant" means a person who is twenty-one years of age or older and who receives natural medicine services performed by and under the supervision of a facilitator.(18) "Person" means a natural person or an entity.(19) "Preparation session" means a meeting between a participant and facilitator that occurs before the start of an administration session. "Preparation session" does not mean an initial consultation or an inquiry response about natural medicine services.(20) "Principle file" means a file that is established by the state licensing authority and contains licensing and background information for an applicant seeking licenses pursuant to this article 50.(21) "Regulated natural medicine" means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to this article 50.(22) "Regulated natural medicine product" means natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to this article 50.(23) "Remuneration" means anything of value, including money, real property, tangible and intangible personal property, a contract right, a chose in action, a service, and any right of use or employment or promise or agreement connected therewith, a business promotion, or commercial activity.(24) "State licensing authority" means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storage, distribution, transportation, transfer, and dispensation of regulated natural medicine and regulated natural medicine product in this state pursuant to section 44-50-201.(25) "Transfer" means to grant, convey, hand over, assign, sell, exchange, donate, or barter, in any manner and by any means, with or without remuneration.Amended by 2024 Ch. 452,§ 8, eff. 6/6/2024.Added by 2023 Ch. 249,§ 21, eff. 7/1/2023.