Colo. Rev. Stat. § 25-1.5-120.5 – Natural medicine health effects - data collection - pilot data collection study - report - rules - definitions - repeal.

(1) Definitions. As used in this section, unless the context otherwise requires:
1. (a) Health-care facility has the meaning set forth in section 44-50-103 (7).
2. (b) Natural medicine has the meaning set forth in section 44-50-103 (13).
3. (c) Natural medicine product has the meaning set forth in section 44-50-103 (15).
4. (d) Regulated natural medicine has the meaning set forth in section 44-50-103 (21).
5. (e) Regulated natural medicine product has the meaning set forth in section 44-50-103 (22).
6. (f) State licensing authority has the meaning set forth in section 44-50-103 (24).
(2) Health effects of natural medicine - data collection - report. (a) The department, in coordination with other relevant state departments, including the department of revenue, created in section 24-1-117, and the department of regulatory agencies, created in section 24-1-122, shall request and collect readily available and relevant data and information related to the use of natural medicine and natural medicine products, including data and information concerning:
1. (I) Law enforcement incidents involving the use of natural medicine and natural medicine products;
2. (II) Adverse health events involving the use of natural medicine and natural medicine products;
3. (III) Impacts on health-care facilities, hospitals, and health-care systems arising from incidents related to the use of natural medicine and natural medicine products;
4. (IV) Consumer protection claims related to natural medicine and natural medicine products; and
5. (V) Behavioral health impacts related to the use of natural medicine and natural medicine products.
6. (b) The department, in coordination with other relevant state departments, shall request and collect available and relevant data and information related to the health effects of the use of natural medicine or natural medicine products from sources that may include:
  1. (I) All-payer claims data;
  2. (II) Hospital discharge data;
  3. (III) Peer-reviewed research studies; and
  4. (IV) Other sources as determined by the department.
7. (c)
  1. (I) The department shall provide relevant data and information collected pursuant subsections (2)(a) and (2)(b) of this section to the department of revenue for use in the department of revenue's annual report required pursuant to section 44-50-202 (1)(g).
  2. (II) The department shall ensure that the data and information collected by the department pursuant to subsections (2)(a) and (2)(b) of this section is de-identified and does not include an individual's name, address, contact information, or other personal identifying information.
8. (d) The collection of data and information related to the use of natural medicine and natural medicine products in accordance with this subsection (2) is subject to the acceptance of gifts, grants, or donations by the department pursuant to subsection (5) of this section. If there is not sufficient funding to finance the collection of data and information, the department is not required to collect the data and information pursuant to this subsection (2) until sufficient funding becomes available to the department.
(3) Pilot data collection program. (a) The department shall create and maintain a database based on the data and information collected pursuant to sections 12-170-108 (5) and 44-50-401 (6) related to the use of regulated natural medicine and regulated natural medicine products.
(b)
1. (I) The department shall ensure that the data and information collected by the department and maintained in the database is de-identified and does not include an individual's name, address, contact information, or other personal identifying information.
2. (II) The data and information maintained in the database is:
  1. (A) Proprietary and contains trade secrets;
  2. (B) Confidential;
  3. (C) Not subject to the Colorado Open Records Act, part 2 of article 72 of title 24;
  4. (D) Not subject to subpoena or discovery and is not admissible as evidence in any private civil action; and
  5. (E) Not to be released, disclosed, or made public, except as provided by subsection (3)(c) of this section.
(c) The department may release or disclose the data and information contained in the database only:
1. (I) For research or other empirical studies, as approved by the department;
2. (II) For conducting surveys or investigative activities as part of a public health program to track health effects of regulated natural medicine or regulated natural medicine products; or
3. (III) For conducting regulatory duties of the state licensing authority or assisting other state agencies in conducting their regulatory duties, including reporting on services, participant motivations, demographics, and outcomes related to the natural medicine program.
(d) If the department releases the data and information in the database in accordance with subsection (3)(c) of this section, the department shall limit the release to the minimum amount of information necessary for the purposes of the release and must not include an individual's name, address, contact information, or other personal identifying information.
(e) The creation and maintenance of the database in accordance with this subsection (3) is subject to the acceptance of gifts, grants, or donations by the department pursuant to subsection (5) of this section. If there is not sufficient funding to finance the operation or maintenance of the database, the department is not required to operate or maintain the database until sufficient funding becomes available to the department.
(4) The department, in consultation with the department of revenue, created in section 24-1-117, and the department of regulatory agencies, created in section 24-1-122, shall determine the form, format, and timing of the collection and reporting of data and information in accordance with this section and sections 12-170-108 (5) and 44-50-401 (6).
(5)
1. (a) Except as provided in subsection (5)(b) of this section, the department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
2. (b) The department shall not seek, accept, or expend any gifts, grants, or donations to be used for the purposes of this section from a public or private source that may improperly influence the collection or reporting of the data and information collected pursuant to this section.
(6)
1. (a) This section is repealed, effective September 1, 2030.
2. (b) Prior to the repeal of this section, the department, in consultation with the natural medicine advisory board, created in section 12-170-106; the department of revenue, created in section 24-1-117; and the department of regulatory agencies, created in section 24-1-122, shall conduct a review to determine whether appropriations or gifts, grants, or donations are necessary and available to fulfill the purposes of this section.
3. (c) After conducting the review pursuant to subsection (6)(b) of this section, the department shall inform the general assembly of the decision made by the department regarding the continuation of and funding available for the purposes of this section.

Source: L. 2025: Entire section added, (SB 25-297), ch. 381, p. 2115, § 1, effective June 3.