1. (1) The BHA, as provided in section 27-80-204 (1), shall issue the appropriate license to each substance use disorder treatment program meeting all the requirements of this part 2 unless it determines that the issuance of the license would be inconsistent with the public interest. In determining the public interest, the BHA shall consider the following factors:

   1. (a) Maintenance of effective controls against diversion of controlled substances into illegitimate medical, scientific, or industrial channels;
   2. (b) Compliance with applicable state and local laws;
   3. (c) Any conviction of the applicant under any federal or state law relating to a controlled substance;
   4. (d) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;
   5. (e) Any false or fraudulent information in an application filed under this part 2;
   6. (f) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense a controlled substance as authorized by federal law; and
   7. (g) Any other factors relevant to and consistent with the public peace, health, and safety.
2. (2) Issuance of a license under subsection (1) of this section does not entitle a licensee to distribute or professionally use controlled substances beyond the scope of the licensee's federal registration.

3. (3)

   1. (a) Repealed.
   2. (a.5) The BHA may administratively set initial and annual license fees for substance use disorder treatment programs to approximate the direct and indirect costs of the program.
   3. (b) The BHA shall transmit the fees collected pursuant to this section to the state treasurer for deposit in the controlled substances program fund created in section 27-80-206.
4. (4) Any person who is licensed may apply for license renewal not more than sixty days before the expiration date of the license.
5. (5) The United States, the state of Colorado, or any political subdivision of the state is not required to pay any license fee required by this part 2.

Source: L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1602, § 5, effective July 1. L. 2014: (3)(a)(I) repealed and (3)(a.5) added, (HB 14-1173), ch. 291, p. 1192, § 5, effective May 31. L. 2017: IP(1) and (3)(a.5) amended, (SB 17-242), ch. 263, p. 1361, § 268, effective May 25. L. 2019: IP(1) amended and (3)(a) repealed, (SB 19-219), ch. 277, p. 2614, § 4, effective August 2. L. 2022: IP(1), (3)(a.5), and (3)(b) amended, (HB 22-1278), ch. 222, p. 1564, § 165, effective July 1.

Editor's note: This section is similar to former § 12-22-305 as it existed prior to 2012.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.