DRAFT Version. This will be the version the MMAC is discussing on the 27th.
1
Health and Environmental Information and Statistics Division 2
MEDICAL USE OF MARIJUANA 3
5 CCR 1006-2 4
Regulation 2: Application for a registry identification card 5
A. DEFINITIONS 6
i) An “adult applicant” is defined as a patient eighteen years of age or older. A “minor 7
applicant” is defined as a patient less than eighteen years of age. 8
ii) “Primarycare-giver” means a person other than the patient and the patient’s physician, 9
who is eighteen years of age or older and has significant responsibility for managing the well- 10
being of a patient who has a debilitating medical condition. A PERSON SHALL BE LISTED AS A 11
PRIMARY CARE-GIVER FOR NO MORE THAN FIVE PATIENTS IN THE MEDICAL 12
MARIJUANA PROGRAM REGISTRY AT ANY GIVEN TIME UNLESS A WAIVER HAS BEEN 13
GRANTED FOR EXCEPTIONAL CIRCUMSTANCES, AS PER REGULATION NINE BELOW. 14
(C.R.S. § 25-1.5-106(8)(a)) 15
iii) “Significant responsibility for managing the well-being of a patient” means, IN ADDITION TO THE 16
ABILITY TO PROVIDE MEDICAL MARIJUANA, assisting a patient with daily activities, including but not 17
limited to transportation or housekeeping or meal preparation or shopping or making any necessary 18
arrangement for access to medical care or NON-MEDICAL MARIJAUANA services or provision of medical 19
marijuana. THE ACT OF SUPPLYING MEDICAL MARIJUANA OR MARIJUANA 20
PARAPHERNALIA, BY ITSELF, IS INSUFFICIENT TO CONSTITUTE “SIGNIFICANT 21
RESPONSIBILITY FOR MANAGING THE WELL-BEING OF A PATIENT. (C.R.S. § 25-1.5-106 22
3(b) (1)) 23
B. In order to be placed in the registry and to receive a registry identification card, an adult applicant 24
must reside in Colorado and submit an application form supplied by the department, completed and 25
notarized. The adult applicant must provide the following information with the application: 26
i) The applicant’s name, address, date of birth, and social security number; 27
ii) The name and address of the applicant’s primary care-giver, if one is designated at the 28
time of application; 29
iii) Written documentation from the applicant’s physician that the applicant has been 30
diagnosed with a debilitating medical condition as defined in regulation six and the physician’s 31
conclusion that the applicant might benefit from the medical use of marijuana; and 32
iv) The name, address, and telephone number of the physician who has concluded the 33
applicant might benefit from the medical use of marijuana; and 34
v) A copy of a secure and verifiable identity document, in compliance with the Secure and 35
Verifiable Document Act, C.R.S. §24-72.1-101 et seq., for the patient and primary care-giver, if 36
any is designated. 37
C. In order for a minor applicant to be placed in the registry and to receive a registry identification card, 38
the minor applicant must reside in Colorado and a parent residing in Colorado must consent in 39
2
writing to serve as the minor applicant’s primary care-giver. Such parent must submit an application 1
form supplied by the department. The parent of the minor applicant must provide the following 2
information with the application: 3
i) The applicant’s name, address, date of birth, and social security number, 4
ii) Written documentation from two of the applicant’s physicians that the applicant has been 5
diagnosed with a debilitating medical condition as defined in regulation six and each physician’s 6
conclusion that the applicant might benefit from the medical use of marijuana; 7
iii) The name, address, and telephone number of the two physicians who have concluded 8
the applicant might benefit from the medical use of marijuana; 9
iv) Consent from each of the applicant’s parents residing in Colorado that the applicant may 10
engage in the medical use of marijuana; and 11
v) Documentation that one of the physicians referred to in (iii) has explained the possible 12
risks and benefits of medical use of marijuana to the applicant and each of the applicant’s parents 13
residing in Colorado. 14
D. To maintain an effective registry identification card, a patient must annually resubmit to the 15
department, at least thirty days prior to the expiration date, updated written documentation of the 16
information required in paragraphs B and C of this regulation. In addition, the patient must provide 17
the name and address of the primary care-giver, if any is designated at such time. 18
E. A PATIENT MAY CHANGE HIS OR HER PRIMARY CARE-GIVER BY SUBMITTING SUCH 19
INFORMATION ON THE FORM AND IN THE MANNER AS DIRECTED BY THE DEPARTMENT. 20
(C.R.S. § 25-1.5-106(3)(IV). A PATIENT MAY CHANGE HIS OR HER PRIMARY CARE-GIVER NO 21
MORE THAN ONCE PER MONTH. 22
Regulation 9: Primary care-giver-patient relationship and primary care-giver rules 23
A. A PATIENT WHO DESIGNATES A PRIMARY CARE-GIVER FOR HIM OR HERSELF CANNOT 24
ALSO BE A PRIMARY CARE-GIVER TO ANOTHER PATIENT (C.R.S. § 25-1.5-106 (8)(c)). 25
B. A PERSON SHALL BE LISTED AS A PRIMARY CARE-GIVER FOR NO MORE THAN FIVE 26
PATIENTS IN THE MEDICAL MARIJUANA REGISTRY AT ANY GIVEN TIME UNLESS A 27
WAIVER AS SET FORTH IN REGULATION 10 HAS BEEN GRANTED FOR EXCEPTIONAL 28
CIRCUMSTANCES (C.R.S. § 25-1.5-106 (8)(a)). 29
C. AN EXISTING PRIMARY CARE-GIVER MAY INDICATE TO THE DEPARTMENT AT THE TIME 30
OF REGISTRATION ON A FORM TO BE DEVELOPED BY THE DEPARTMENT IF THE 31
PRIMARY CARE-GIVER IS AVAILABLE TO SERVE MORE PATIENTS. AN INDIVIDUAL WHO 32
IS NOT A REGISTERED PRIMARY CARE-GIVER, BUT WHO WOULD LIKE TO BECOME ONE 33
MAY SUBMIT CONTACT INFORMATION TO THE REGISTRY. THE PRIMARY CARE-GIVER 34
OR PROSPECTIVE PRIMARY CARE-GIVER SHALL WAIVE CONFIDENTIALITY TO ALLOW 35
RELEASE OF CONTACT INFORMATION TO PHYSICANS OR REGISTERED PATIENTS 36
ONLY. THE DEPARTMENT MAY PROVIDE THE INFORMATION BUT SHALL NOT ENDORSE 37
OR VOUCH FOR ANY PRIMARY CARE-GIVER OR PROSPECTIVE PRIMARY CARE-GIVER. 38
(C.R.S. § 25-1.5-106(8)(e)(II), (III) and (IV)). 39
D. PRIMARY CARE-GIVER IF ASKED BY LAW ENFORCEMENT SHALL PROVIDE A LIST OF 40
REGISTRY IDENTIFICATION NUMBERS FOR EACH PATIENT (C.R.S. § 25-1.5-106(7)(d)(1 )). 41
IFA WAIVER HAS BEEN GRANTED FOR THE PRIMARY CARE-GIVER TO SERVE MORE 42
THAN FIVE PATIENTS, THIS WILL BE NOTED ON THE DEPARTMENT RECORD OF 43
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PRIMARY CARE-GIVERS (C.R.S. § 25-1.5-106(8)(e)(V)) AND WILL BE AVAILABLE FOR 1
VERIFICATION TO LAW ENFORCEMENT UPON INQUIRY TO THE DEPARTMENT. 2
E. A PRIMARY CARE-GIVER SHALL HAVE HIS/HER PRIMARY REGISTRATION CARD 3
AVAILABLE ON HIS/HER PERSON AT ALL TIMES WHEN IN POSSESSION MARIJUANA AND 4
PRODUCE IT AT THE REQUEST OF LAW ENFORCEMENT. THE ONLY EXCEPTION TO 5
THIS SHALL BE WHEN IT HAS BEEN MORE THAN THIRTY-FIVE DAYS SINCE THE DATE 6
THE PATIENT FILED HIS OR HER MEDICAL MARIJUANA APPLICATION AND THE 7
DEPARTMENT HAS NOT YET ISSUED OR DENIED A REGISTRY IDENTIFICATION CARD, A 8
COPY OF THE PATIENT’S APPLICATION ALONG WITH PROOF OF THE DATE OF 9
SUBMISSION SHALL BE IN THE PRIMARY CARE-GIVER’S POSSESSION AT ALL TIMES 10
THAT THE PRIMARY CARE-GIVER IS IN POSSESSION OF MARIJUANA. (C.R.S. § 25-1.5- 11
106(9)(a)). 12
F. A PATIENT MAY ONLY HAVE ONE PRIMARY CARE-GIVER AT A TIME. (C.R.S. § 25-1.5- 13
106(8)(b)). 14
G. DESIGNATED PRIMARY CARE-GIVER SHALL NOT DELEGATE THE RESPONSIBILITY OF 15
PROVISION OF MEDICAL MARIJUANA FOR A PATIENT TO ANOTHER PERSON. (C.R.S. § 16
25-1.5-106(7)(a)). 17
H. A PRIMARY CARE-GIVER SHALL NOT JOIN TOGETHER WITH ANOTHER PRIMARY CARE- 18
GIVER FOR THE PURPOSE OF GROWING MARIJUANA. (C.R.S. § 25-1.5-106(7)(b)) ANY 19
MARIJUANA GROWS BY A CARE-GIVER SHALL BE PHYSICALLY SEPARATE FROM 20
GROWS BY OTHER PRIMARY CARE-GIVERS AND LICENSED GROWERS OR MEDICAL 21
MARIJUANA CENTERS, AND A PRIMARY CARE-GIVER SHALL NOT GROW MARIJUANA 22
FOR ANOTHER PRIMARY CARE-GIVER. IF TWO OR MORE CARE-GIVERS RESIDE IN THE 23
SAME HOUSEHOLD AND EACH GROWS MARIJUANA FOR THEIR REGISTERED PATIENTS, 24
THE MARIJUANA GROWS MUST BE MAINTAINED IN SUCH A WAY THAT THE PLANTS 25
AND/OR OUNCES GROWN AND OR MAINTAINED BY EACH PRIMARY CARE-GIVER ARE 26
SEPARATELY IDENTIFIED FROM ANY OTHER PRIMARY CARE-GIVERS PLANTS AND/OR 27
OUNCES. 28
I. A PRIMARY CARE-GIVER SHALL NOT ESTABLISH A BUSINESS TO PERMIT PATIENTS TO 29
CONGREGATE AND SMOKE OR OTHERWISE CONSUME MEDICAL MARIJUANA. (C.R.S. § 30
25-1.5-106(12)(c)). 31
J. A PRIMARY CARE-GIVER SHALL NOT: 32
1. ENGAGE IN THE MEDICAL USE OF MARIJUANA IN A WAY THAT 33
ENDANGERS THE HEALTH AND WELL-BEING OF A PERSON; 34
2. ENGAGE IN THE MEDICAL USE OF MARIJUANA IN PLAIN VIEW OF OR IN A 35
PLACE OPEN TO THE GENERAL PUBLIC; 36
3. UNDERTAKE ANY TASK WHILE UNDER THE INFLUENCE OF MEDICAL 37
MARIJUANA, WHEN DOING SO WOULD CONSTITUTE NEGLIGENCE OR 38
PROFESSIONAL MALPRACTICE; 39
4. POSSESS MEDICAL MARIJUANA OR OTHERWISE ENGAGE IN THE USE 40
OF MEDICAL MARIJUANA IN OR ON THE GROUNDS OF A SCHOOL OR IN A 41
SCHOOL BUS; 42
5. ENGAGE IN THE USE OF MEDICAL MARIJUANA WHILE: 43
a. IN A CORRECTIONAL FACILITY OR A COMMUNITY CORRECTIONS 44
FACILITY; 45
b. SUBJECT TO A SENTENCE TO INCARCERATION; OR 46
c. IN A VEHICLE, AIRCRAFT, OR MOTORBOAT; 47
6. OPERATE, NAVIGATE, OR BE IN ACTUAL PHYSICAL CONTROL OF ANY 48
VEHICLE, AIRCRAFT, OR MOTORBOAT WHILE UNDER THE INFLUENCE OF 49
MEDICAL MARIJUANA; OR 50
4
7. PROVIDE MEDICAL MARIJUANA IF THE PATIENT DOES NOT HAVE A 1
DEBILITATING MEDICAL CONDITION AS DIAGNOSED BY THE PERSON'S 2
PHYSICIAN IN THE COURSE OF A BONA FIDE PHYSICIAN-PATIENT 3
RELATIONSHIP AND FOR WHICH THE PHYSICIAN HAS RECOMMENDED 4
THE USE OF MEDICAL MARIJUANA. (C.R.S. § 25-1.5-106(12)(b) 5
6
K. A PRIMARY CARE-GIVER MAY CHARGE A PATIENT NO MORE THAN THE COST OF 7
CULTIVATING OR PURCHASING THE MEDICAL MARIJUANA, AND MAY ALSO CHARGE 8
FOR CARE-GIVER SERVICES. (C.R.S. § 25-1.5-106(8)(d)) SUCH CARE-GIVER CHARGES 9
SHALL BE APPROPRIATE FOR THE CARE-GIVER SERVICES RENDERED AND REFLECT 10
MARKET RATES FOR SIMILAR CARE-GIVER SERVICES AND NOT COSTS ASSOCIATED 11
WITH PROCURING THE MARIJUANA. 12
L. A PRIMARY CARE-GIVER SHALL HAVE SIGNIFICANT RESPONSIBILITY FOR MANAGING 13
THE WELL-BEING OF A PATIENT WITH A DEBILITATING CONDITION. THE RELATIONSHIP 14
BETWEEN A PRIMARY CARE-GIVER AND PATIENT IS TO BE A SIGNIFICANT 15
RELATIONSHIP THAT IS MORE THAN PROVISION OF MEDICAL MARIJUANA. (C.R.S. § 25- 16
1.5-106(3)(viii)(i)) SERVICES BEYOND THE PROVISION OF MEDICAL MARIJUANA THAT 17
MAY BE PROVIDED BY THE PRIMARY CARE-GIVER INCLUDE, BUT SHALL NOT BE 18
LIMITED TO, TRANSPORTATION, HOUSEKEEPING, MEAL PREPARATION, SHOPPING, OR 19
MAKING ARRANGMENTS FOR ACCESS TO MEDICAL CARE OR NON-MEDICAL 20
MARIJUANA SERVICES. IF PATIENTS DO NOT REQUIRE CARE-GIVER SERVICE OTHER 21
THAN THE PROVISION OF MEDICAL MARIJUANA, THEN THE PATIENTS SHALL NOT 22
DESIGNATE A PRIMARY CARE-GIVER. 23
Regulation 10: Waiver for primary care-givers to serve more than five patients 24
A. IN EXCEPTIONAL CIRCUMSTANCES, A WAIVER MAY BE GRANTED BY THE DEPARTMENT 25
FOR THE PURPOSE OF ALLOWING A PRIMARY CARE-GIVER TO SERVE MORE THAN FIVE 26
PATIENTS. A SEPARATE WAIVER APPLICATION WILL BE REQUIRED BY EACH PATIENT 27
SEEKING TO USE A PRIMARY CARE-GIVER WHO IS ALREADY AT THE FIVE PATIENT 28
LIMIT. (C.R.S. § 25-1.5-106(8)(a) AND (8)(e)(V)) 29
B. WAIVER APPLICATIONS SHALL BE SUBMITTED TO THE DEPARTMENT ON THE FORM 30
AND IN THE MANNER REQUIRED BY THE DEPARTMENT. 31
C. THE PATIENT AND PRIMARY CARE-GIVER SHALL PROVIDE THE DEPARTMENT SUCH 32
INFORMATION AND DOCUMENTATION AS THE DEPARTMENT MAY REQUIRE VALIDATING 33
THE CONDITIONS UNDER WHICH THE WAIVER IS BEING SOUGHT. 34
D. IN ACTING ON THE WAIVER APPLICATION, THE DEPARTMENT SHALL CONSIDER ALL OF 35
THE FOLLOWING: 36
1. THE INFORMATION SUBMITTED BY THE PATIENT APPLICANT; 37
2. THE INFORMATION SUBMITTED BY THE PRIMARY CARE-GIVER; 38
3. THE PROXIMITY OF MEDICAL MARIJUANA CENTERS TO THE PATIENT; AND 39
4. WHETHER GRANTING THE WAIVER WOULD ADVERSELY AFFECT THE 40
HEALTH, SAFETY OR WELFARE OF THE PATIENT. 41
E. THE DEPARTMENT MAY SPECIFY TERMS AND CONDITIONS UNDER WHICH ANY WAIVER 42
IS GRANTED, AND WHICH TERMS AND CONDITIONS MUST BE MET IN ORDER FOR THE 43
WAIVER TO REMAIN IN EFFECT. 44
5
F. THE TERM FOR THE WAIVER SHALL BE A YEAR UNLESS THE CARE-GIVER REDUCES 1
THE NUMBER OF PATIENTS HE OR SHE SERVES DURING THAT YEAR TO FIVE OR 2
FEWER, AT WHICH TIME THE WAIVER SHALL EXPIRE. THE CARE-GIVER SHALL NOTIFY 3
THE DEPARTMENT IN WRITING WHEN HE OR SHE NO LONGER PROVIDES CARE-GIVER 4
SERVICES TO A PATIENT. 5
G. AT ANY TIME, UPON REASONABLE CAUSE, THE DEPARTMENT MAY REVIEW ANY 6
EXISTING WAIVER TO ENSURE THAT THE TERMS AND CONDITIONS OF THE WAIVER 7
ARE BEING OBSERVED AND OR THAT THE CONTINUED EXISTENCE OF THE WAIVER IS 8
APPROPRIATE. 9
H. THE DEPARTMENT MAY REVOKE A WAIVER IF IT DETERMINES THAT ANY ONE OF THE 10
FOLLOWING IS MET: 11
1. THE WAIVER JEOPARDIZES THE HEALTH, SAFETY AND WELFARE OF PATIENTS; 12
2. THE APPLICANT OR CARE-GIVER HAS PROVIDED FALSE OR MISLEADING 13
INFORMATION IN THE APPLICATION; 14
3. THE APPLICANT OR CARE-GIVER HAS FAILED TO COMPLY WITH THE TERMS OR 15
CONDITIONS OF THE WAIVER; 16
4. THE CONDITIONS UNDER WHICH A WAIVER WAS GRANTED NO LONGER EXIST 17
OR HAVE MATERIALLY CHANGED; OR 18
5. A CHANGE IN FEDERAL OR STATE LAW OR REGULATION PROHIBITS OR IS 19
INCONSISTENT WITH THE CONTINUATION OF THE WAIVER. 20
I. THE DEPARTMENT WILL PROVIDE NOTICE OF THE REVOCATION OF THE WAIVER TO 21
THE REGISTERED PATIENT AND THE CARE-GIVER AT THE TIME THE WAIVER IS 22
REVOKED. 23
24
J. APPEALS. IF THE DEPARTMENT PROPOSES TO DENY, CONDITION, REVOKE OR 25
SUSPEND A WAIVER FOR A PRIMARY CARE-GIVER TO SERVE MORE THAN FIVE 26
PATIENTS, THE DEPARTMENT SHALL PROVIDE THE PATIENT WITH NOTICE OF THE 27
GROUNDS FOR THE ACTION AND SHALL INFORM THE PATIENT OF THE PATIENT’S 28
RIGHT TO REQUEST A HEARING. 29
30
1. A REQUEST FOR HEARING SHALL BE SUBMITTED TO THE DEPARTMENT IN 31
WRITING WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THE 32
POSTMARK ON THE NOTICE. 33
34
2. IF A HEARING IS REQUESTED, THE PATIENT SHALL FILE AN ANSWER WITHIN 35
THIRTY (30) CALENDAR DAYS FROM THE DATE OF THE POSTMARK ON THE 36
NOTICE. 37
38
3. IF A REQUEST FOR A HEARING IS MADE, THE HEARING SHALL BE CONDUCTED 39
IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURES ACT, § 24-4- 40
101 ET SEQ., C.R.S. 41
4. IF THE PATIENT DOES NOT REQUEST A HEARING IN WRITING WITHIN THIRTY 42
(30) CALENDAR DAYS FROM THE DATE OF THE NOTICE, THE PATIENT IS 43
DEEMED TO HAVE WAIVED THE OPPORTUNITY FOR A HEARING. 44
6
Regulation 11: Waiver for primary care-givers to deliver medical marijuana products from a 1
medical marijuana center. 2
A. IF THE PHYSICIAN RECOMMENDING THE MARIJUANA CHECKS ON THE RECOMMENDING 3
FORM THAT THE PATIENT IS HOMEBOUND, A WAIVER WILL BE GRANTED ALLOWING A 4
DESIGNATED PRIMARY CARE-GIVER TO TRANSPORT MARIJUANA FROM A DISPENSARY TO 5
THE PATIENT. (C.R.S. § 25-1.5-106(3)(VIII), (C.R.S. § 25-1.5-106(8)(E)) 6
B. THE TERM FOR THE WAIVER SHALL BE THE SAME AS THE EFFECTIVE DATES OF THE 7
PATIENT’S REGISTRY IDENTIFICATION CARD. 8
C. AT ANY TIME, UPON REASONABLE CAUSE, THE DEPARTMENT MAY REVIEW ANY EXISTING 9
WAIVER TO ENSURE THAT THE TERMS AND CONDITIONS OF THE WAIVER ARE BEING 10
OBSERVED AND OR THAT THE CONTINUED EXISTENCE OF THE WAIVER IS APPROPRIATE. 11
D. THE DEPARTMENT MAY REVOKE A WAIVER IF IT DETERMINES THAT ANY OF THE 12
FOLLOWING ARE MET: 13
1. THE WAIVER JEOPARDIZES THE HEALTH, SAFETY AND WELFARE OF 14
PATIENTS; 15
2. THE APPLICANT HAS PROVIDED FALSE OR MISLEADING INFORMATION IN 16
THE APPLICATION; 17
3. THE APPLICANT HAS FAILED TO COMPLY WITH THE TERMS OR 18
CONDITIONS OF THE WAIVER; 19
4. THE CONDITIONS UNDER WHICH A WAIVER WAS GRANTED NO LONGER 20
EXIST OR HAVE MATERIALLY CHANGED; OR 21
5. A CHANGE IN FEDERAL OR STATE LAW OR REGULATION PROHIBITS OR 22
IS INCONSISTENT WITH THE CONTINUATION OF THE WAIVER. 23
E. PRIMARY CARE-GIVERS FOR MINORS SHALL HAVE A WAIVER FOR 24
TRANSPORTATION AUTOMATICALLY GRANTED AS PART OF A SUCCESSFUL 25
APPLICATION PROCESS IF THE PATIENT APPLICATION INDICATES THAT THE 26
MINOR’S PRIMARY CARE-GIVER WILL BE PURCHASING MEDICAL MARIJUANA 27
FROM A MEDICAL MARIJUANA CENTER. THE TERM OF THE WAIVER WILL 28
COINCIDE WITH THE TERM OF THE CERTIFICATE. 29
F. THE DEPARTMENT WILL PROVIDE NOTICE OF THE REVOCATION OF THE 30
WAIVER TO THE PATIENT AND THE PRIMARY CARE-GIVER AT THE TIME THE 31
WAIVER IS REVOKED. 32
33
G. APPEALS. IF THE DEPARTMENT PROPOSES TO DENY, CONDITION, REVOKE OR 34
SUSPEND A WAIVER FOR A PRIMARY CARE-GIVER TO DELIVER MEDICAL MARIJUANA 35
PRODUCTS TO A HOMEBOUND PATIENT, THE DEPARTMENT SHALL PROVIDE THE 36
PATIENT WITH NOTICE OF THE GROUNDS FOR THE ACTION AND SHALL INFORM THE 37
PATIENT OF THE PATIENT’S RIGHT TO REQUEST A HEARING. 38
39
1. A REQUEST FOR HEARING SHALL BE SUBMITTED TO THE DEPARTMENT IN 40
WRITING WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THE 41
POSTMARK ON THE NOTICE. 42
43
7
2. IF A HEARING IS REQUESTED, THE PATIENT SHALL FILE AN ANSWER WITHIN 1
THIRTY (30) CALENDAR DAYS FROM THE DATE OF THE POSTMARK ON THE 2
NOTICE. 3
4
3. IF A REQUEST FOR A HEARING IS MADE, THE HEARING SHALL BE CONDUCTED 5
IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURES ACT, § 24-4- 6
101 ET SEQ., C.R.S. 7
4. IF THE PATIENT DOES NOT REQUEST A HEARING IN WRITING WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THE NOTICE, THE PATIENT IS
DEEMED TO HAVE WAIVED THE OPPORTUNITY FOR A HEARING.