Update Regarding the Implementation of Executive Order D 2022 034

On July 14, 2022, Governor Jared Polis signed Executive Order D-2022-034 directing the Department of Regulatory Agencies – Division of Professions and Occupations’ to assist all Boards/the Director with promulgating rules that:

1. Ensure that no person shall be subject to disciplinary action against a professional license or disqualified from professional licensure for any civil or criminal judgment, discipline, or other sanction threatened or imposed under the laws of another state regarding consumption, possession, cultivation or processing of marijuana so long as the actions are lawful and consistent with professional conduct and standards of care within the State of Colorado; and
2. Prohibit the Division or any Board/Program under its purview, unless pursuant to a court order, to provide information or data, or expend time, money, facilities, property, equipment, personnel or other resources to assist or further any investigation or proceeding initiated in or by another state that seeks to impose sanctions upon a person’s professional license for the lawful consumption, possession, cultivation or processing of marijuana in Colorado.

A Joint Stakeholder Meeting was held on July 29, 2022, to receive feedback from stakeholders regarding the proposed rules. On August 15, 2022, the following rules were adopted on an emergency basis and took effect the same day:

• Acupuncture
• Athletic Trainers
• Audiologists
• Direct-Entry Midwives
• Hearing Aid Providers
• Massage Therapists
• Naturopathic Doctors
• Occupational Therapists
• Respiratory Therapists
• Speech Language Pathologists
• Surgical Assistants and Surgical Technologists
• Barbers and Cosmetologists
• Funeral Homes and Crematories
• Outfitters
• Radon Professionals

Draft rules will be presented to all of the other Boards during the next regularly scheduled Board meetings for review and consideration. Please visit your Board's website under the "Public Notices" tab to review when your Board will consider adopting these rules on an emergency and permanent basis in compliance with Executive Order D 2022 034. 

If you would like to provide feedback regarding these rules, please send your written feedback to dora_dpo_rulemaking@state.co.us. These comments will be shared with the Director of the Division of Professions and Occupations, your regulatory Board, and other interested stakeholders. 

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