Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0229.01 Yelana Love x2295
SENATE BILL 22-219
Senate Committees House Committees
Health & Human Services
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF DENTAL THERAPISTS , AND, IN
101
CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
On and after January 1, 2023, the bill prohibits a person from
practicing dental therapy in the state unless licensed by the Colorado
dental board (board). A licensed dental therapist is authorized to deliver
routine and preventive dental care.
A person who desires to qualify for practice as a dental therapist
must file with the board a written application for a license, proof of
SENATE
3rd Reading Unamended
May 2, 2022
SENATE
Amended 2nd Reading
April 29, 2022
SENATE SPONSORSHIP
Moreno and Smallwood, Fields, Jaquez Lewis, Lee
HOUSE SPONSORSHIP
Duran and McLachlan,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. graduation from a school of dental therapy or a dental therapy program
that meets the requirements of the bill, and proof of completion of the
examinations required for licensure as a dental hygienist.
A dental therapist is allowed to practice only under the direct
supervision of a licensed dentist until the dental therapist practices for
1,000 hours.
After reaching 1,000 hours, the dental therapist may practice under
the indirect supervision of a licensed dentist pursuant to a written
articulated plan. The articulated plan must include:
! Methods of dentist supervision, consultation, and approval;
! Protocols for informed consent, record keeping, quality
assurance, and dispensing or administering medications;
! Policies for handling referrals when a patient needs
services the dental therapist is not authorized or qualified
to provide;
! Policies for handling medical emergencies; and
! Policies for supervising dental assistants and working with
dental hygienists and other dental practitioners and staff.
A licensed dental therapist must maintain professional liability
insurance in an amount not less than $500,000 per incident and $1.5
million annual aggregate per year; except that this requirement is not
applicable to a dental therapist who is a public employee under the
"Colorado Governmental Immunity Act".
A state institution of higher education offering an accredited dental
therapy training program may grant advanced standing toward completion
of an accredited dental therapy program if a student meets the conditions
specified in the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) Access to affordable, quality, and equitable dental care and to4
dental providers has been demonstrated to have a positive impact on5
people's overall health outcomes and overall well-being;6
(b) Although great strides have been made toward increasing7
access to affordable dental care, not enough has been accomplished to8
address oral-health-access issues across Colorado, particularly in the9
state's rural areas, and for Coloradans who have historically and10
219-2- systematically faced barriers to health care, including people of color and1
Coloradans with low incomes;2
(c) According to the "Colorado Health Access Survey" (survey)3
by the Colorado Health Institute, roughly one in five Coloradans report4
poor oral health;5
(d) In the survey, 400,000 Coloradans said that at some point in6
the past year, they were unable to participate in regular daily activities7
like school or work due to dental pain;8
(e) Fifty-three of Colorado's 64 counties are designated as dental9
professional shortage areas, with five counties without a single licensed10
dentist;11
(f) Dentist participation in Medicaid sits at 59.9%, but in 2018,12
only 28% of Colorado dentists served any Medicaid-enrolled patients;13
(g) Adults in rural areas have almost twice the prevalence of tooth14
loss when compared to urban adults;15
(h) By kindergarten, 40% of children in Colorado already have16
dental decay, and this rate increases for children living in low-income17
communities. Dental health issues continue to be a leading cause of18
school absenteeism for Colorado's kids.19
(i) Research has shown that dental therapists practicing in other20
states provide safe and high-quality care, assist in improving access to21
dental care, and experience high patient acceptability;22
(j) A long-term study of dental therapists in the country found that23
dental therapists are improving access to care, resulting in both adults and24
children getting more preventive care and keeping their natural teeth; and25
(k) In order to ensure dental care is accessible for all Coloradans,26
it is critical that the state establish a license for dental therapists to help27
219
-3- close the historic gaps and barriers that Coloradans face in accessing1
dental care.2
SECTION 2. In Colorado Revised Statutes, amend 12-220-1023
as follows:4
12-220-102. Legislative declaration. The practice of dentistry,5
DENTAL THERAPY, and dental hygiene in this state is declared to affect the6
public health, safety, and welfare and to be subject to regulation and7
control in the public interest. It is further declared to be a matter of public8
interest and concern that the dental profession merit and receive the9
confidence of the public and that only qualified dentists,
DENTAL10
THERAPISTS, and dental hygienists be permitted to practice dentistry,11
DENTAL THERAPY, or dental hygiene in this state. It is the purpose of this12
article 220 to promote the public health, safety, and welfare by regulating13
the practice of dentistry,
DENTAL THERAPY, and dental hygiene and to14
ensure that no one shall practice
PRACTICES dentistry, DENTAL THERAPY,15
or dental hygiene without qualifying under this article 220. The16
provisions of this article 220 relating to licensure by credentials are not17
intended to reduce competition or restrain trade with respect to the oral18
health needs of the public. All provisions of this article 220 relating to the19
practice of dentistry,
DENTAL THERAPY, and dental hygiene shall be20
liberally construed to carry out these objects and purposes.21
SECTION 3. In Colorado Revised Statutes, 12-220-104, amend22
(1), (3), (13), and (15); and add (5.5) as follows:23
12-220-104. Definitions - rules. As used in this article 220, unless24
the context otherwise requires:25
(1) "Accredited" means a program that is nationally recognized for26
specialized accrediting for dental,
DENTAL THERAPY, dental hygiene, and27
219
-4- dental auxiliary programs by the United States department of education.1
(3) "Dental assistant" means any person, other than a dentist,2
DENTAL THERAPIST, or dental hygienist, licensed in Colorado, who may3
be assigned or delegated to perform dental tasks or procedures as4
authorized by this article 220 or by rules of the board.5
(5.5) "D
ENTAL THERAPY" MEANS THE DELIVERY OF DENTAL CARE6
AS SPECIFIED IN SECTION 12-220-507 AND IN ACCORDANCE WITH THIS7
ARTICLE 220 AND RULES PROMULGATED BY THE BOARD .8
(13) "Proprietor" includes any person who:9
(a) Employs dentists,
DENTAL THERAPISTS, dental hygienists, or10
dental assistants in the operation of a dental office, except as provided in11
sections 12-220-305 and 12-220-501;12
(b) Places in possession of a dentist,
DENTAL THERAPIST, dental13
hygienist, dental assistant, or other agent dental material or equipment14
that may be necessary for the management of a dental office on the basis15
of a lease or any other agreement for compensation for the use of the16
material, equipment, or offices; or17
(c) Retains the ownership or control of dental equipment or18
material or a dental office and makes the same available in any manner19
for use by dentists,
DENTAL THERAPISTS, dental hygienists, dental20
assistants, or other agents; except that nothing in this subsection (13)(c)21
applies to bona fide sales of dental equipment or material secured by a22
chattel mortgage or retain-title agreement or to the loan of articulators.23
(15) "Telehealth supervision" means indirect supervision by a24
dentist of a
DENTAL THERAPIST OR dental hygienist performing a25
statutorily authorized procedure using telecommunications systems.26
SECTION 4. In Colorado Revised Statutes, add 12-220-407.227
219
-5- and 12-220-407.5 as follows:1
12-220-407.2. Application for dental therapist license - fee -2
rules. (1) E
FFECTIVE MAY
1, 2023, EVERY PERSON WHO DESIRES TO3
QUALIFY FOR PRACTICE AS A DENTAL THERAPIST WITHIN THIS STATE MUST4
FILE WITH THE BOARD:5
(a) A
WRITTEN APPLICATION FOR A LICENSE , ON WHICH6
APPLICATION THE APPLICANT MUST LIST:7
(I) A
NY ACT OR OMISSION OF THE APPLICANT THAT WOULD BE8
GROUNDS FOR DISCIPLINARY ACTION UNDER SECTION 12-220-201 AGAINST9
A LICENSED DENTAL THERAPIST; AND10
(II) A
N EXPLANATION OF THE CIRCUMSTANCES OF THE ACT OR11
OMISSION; AND12
(b) S
ATISFACTORY PROOF THAT THE APPLICANT :13
(I) G
RADUATED FROM A SCHOOL OF DENTAL THERAPY THAT , AT14
THE TIME OF THE APPLICANT'S GRADUATION, WAS ACCREDITED BY THE15
A
MERICAN DENTAL ASSOCIATION'S COMMISSION ON DENTAL16
ACCREDITATION, OR ITS SUCCESSOR ORGANIZATION; OR17
(II) G
RADUATED FROM A DENTAL THERAPY EDUCATION PROGRAM18
DEVELOPED PRIOR TO FEBRUARY 6, 2015, THAT, AT THE TIME OF THE19
APPLICANT'S GRADUATION, WAS ACCREDITED BY THE MINNESOTA BOARD20
OF DENTISTRY OR CERTIFIED BY THE ALASKA COMMUNITY HEALTH AIDE21
PROGRAM CERTIFICATION BOARD .22
(2) T
HE APPLICANT MUST APPLY FOR A DENTAL THERAPIST LICENSE23
ON THE FORM PRESCRIBED AND FURNISHED BY THE BOARD , MUST CERTIFY
24
THE APPLICATION UNDER PENALTY OF PERJURY , AND MUST SUBMIT THE25
FEE ESTABLISHED PURSUANT TO SECTION 12-20-105 WITH THE26
APPLICATION.27
219
-6- (3) AN APPLICANT FOR LICENSURE WHO HAS NOT GRADUATED1
FROM A SCHOOL DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION WITHIN2
THE TWELVE MONTHS IMMEDIATELY PRECEDING APPLICATION , OR WHO3
HAS NOT ENGAGED EITHER IN THE ACTIVE CLINICAL PRACTICE OF DENTAL4
THERAPY OR IN TEACHING DENTAL THERAPY IN AN ACCREDITED PROGRAM5
FOR AT LEAST ONE YEAR DURING THE FIVE YEARS IMMEDIATELY6
PRECEDING THE APPLICATION, MUST DEMONSTRATE TO THE BOARD THAT7
THE APPLICANT HAS MAINTAINED THE PROFESSIONAL ABILITY AND8
KNOWLEDGE REQUIRED BY THIS ARTICLE 220.9
12-220-407.5. Dental therapist examinations - license.10
(1) E
VERY APPLICANT FOR A DENTAL THERAPY LICENSE MUST SUBMIT TO11
THE BOARD PROOF THAT THE APPLICANT SUCCESSFULLY COMPLETED A
12
CLINICAL EXAMINATION FOR DENTAL THERAPY THAT :13
(a) I
S DESIGNED TO TEST THE APPLICANT 'S CLINICAL DENTAL
14
THERAPY SKILLS AND KNOWLEDGE ;15
(b) I
NCLUDES DENTAL THERAPY RESTORATIVE AND DENTAL
16
HYGIENE CLINICAL SKILL EVALUATION ; AND17
(c) I
S ADMINISTERED BY A REGIONAL TESTING AGENCY COMPOSED
18
OF AT LEAST FOUR STATES OR AN EXAMINATION OF ANOTHER STATE .19
(2) A
LL EXAMINATION RESULTS REQUIRED BY THE BOARD MUST BE20
FILED WITH THE BOARD AND KEPT FOR REFERENCE FOR A PERIOD OF NOT21
LESS THAN TWO YEARS.
IF AN APPLICANT SUCCESSFULLY COMPLETES THE22
EXAMINATIONS AND IS OTHERWISE QUALIFIED , THE BOARD SHALL GRANT23
A LICENSE TO THE APPLICANT AND SHALL ISSUE A LICENSE CERTIFICATE24
SIGNED BY THE OFFICERS OF THE BOARD.25
(3) F
OR THE PURPOSE OF COMPLETING THE EXAMINATION
26
REQUIREMENT IN SUBSECTION (1) OF THIS SECTION, IF THE APPLICANT HAS27
219
-7- PREVIOUSLY SUCCESSFULLY COMPLETED A CLINICAL EXAMINATION FOR1
DENTAL HYGIENE ADMINISTERED BY A TESTING AGENCY ACCEPTED BY THE2
BOARD, THE APPLICANT MAY BE EXEMPTED FROM THAT PART OF THE3
DENTAL THERAPY EXAMINATION .4
SECTION 5. In Colorado Revised Statutes, 12-220-501, amend5
(1)(a)(I); and add (2.5) as follows:6
12-220-501. Tasks authorized to be performed by dental7
therapists, dental hygienists, or dental assistants - rules.8
(1) (a) (I) Except as provided in subsection (1)(a)(II) of this section, the9
responsibility for dental diagnosis, dental treatment planning, or the10
prescription of therapeutic measures in the practice of dentistry remains11
with a licensed dentist and may not be assigned to any
DENTAL THERAPIST12
OR dental hygienist.13
(2.5) A
DENTAL THERAPIST MAY PERFORM A DENTAL TASK OR14
PROCEDURE ASSIGNED TO THE DENTAL THERAPIST BY A LICENSED DENTIST15
THAT DOES NOT REQUIRE THE PROFESSIONAL SKILL OF A LICENSED16
DENTIST; EXCEPT THAT THE DENTAL THERAPIST MAY PERFORM THE TASK
17
OR PROCEDURE ONLY UNDER THE SUPERVISION AUTHORIZED UNDER18
SECTION 12-220-507.19
SECTION 6. In Colorado Revised Statutes, add 12-220-507 as20
follows:21
12-220-507. Practice of dental therapy supervision22
requirement - rules. (1) (a) A
DENTAL THERAPIST MAY PERFORM THE
23
FOLLOWING TASKS AND PROCEDURES UNDER THE DIRECT SUPERVISION OF24
A LICENSED DENTIST:25
(I) P
REPARE AND PLACE DIRECT RESTORATIONS IN PRIMARY AND
26
PERMANENT TEETH;27
219
-8- (II) PERFORM BRUSH BIOPSIES;1
(III) E
XTRACT PERIODONTALLY DISE ASED PERMANENT TEETH WITH
2
MOBILITY OF +3 TO +4, EXCEPT FOR TEETH THAT ARE UNERUPTED ,3
IMPACTED, FRACTURED, OR REQUIRE SECTIONING;4
(IV) E
XTRACT PRIMARY TEETH THAT ARE ERUPTED OR NOT
5
IMPACTED WITH RADIOLOGICAL EVIDENCE OF ROOTS ;6
(V) O
RAL EXAMINATION AND EVALUATION FOR CONDITIONS AND
7
SERVICES THAT ARE WITHIN THE DENTAL THERAPIST 'S SCOPE OF PRACTICE8
AND EDUCATION;9
(VI) P
LACE TEMPORARY CROWNS ;
10
(VII) P
REPARE AND PLACE PREFORMED CROWNS ; AND
11
(VIII) R
EPAIR DEFECTIVE PROSTHETIC DEVICES.
12
(b) A
DENTAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE
13
220
WHO HAS COMPLETED ONE THOUS AND HOURS OR MORE UNDER DIRECT
14
SUPERVISION, OR WHO HAS COMPLETED THE DIRECT SUPERVISION HOURS15
REQUIRED UNDER THE WAIVER DESCRIBED IN SUBSECTION (1)(e) OF THIS16
SECTION, MAY PRACTICE THE TASKS AND PROCEDURES IDENTIFIED IN17
SUBSECTION (1)(a) OF THIS SECTION UNDER THE INDIRECT SUPERVISION OF18
A LICENSED DENTIST PURSUANT TO A WRITTEN ARTICULATED PLAN WITH19
THE DENTIST THAT MEETS THE REQUIREMENTS OF SUBSECTION (2) OF THIS20
SECTION.21
(c) A
DENTAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE
22
220
MAY PERFORM THE FOLLOWING TASKS UNDER THE INDIRECT23
SUPERVISION OF A LICENSED DENTIST, REGARDLESS OF THE NUMBER OF24
HOURS THE DENTAL THERAPIST HAS PRACTICED :25
(I) R
EIMPLANTING TEETH;26
(II) S
TABILIZING REIMPLANTED TEETH;27
219
-9- (III) EXTRACTING PRIMARY TEETH THAT ARE ERUPTED OR NOT1
IMPACTED WITHOUT RADIOLOGICAL EVIDENCE OF ROOTS ;2
(IV) R
EMOVING SUTURES;3
(V) P
REPARING DENTAL STUDY CASTS ;4
(VI) A
DMINISTERING LOCAL ANESTHESIA IN ACCORDANCE WITH5
SECTION 12-220-411;6
(VII) D
ISPENSING AND ADMINISTERING THE FOLLOWING DRUGS7
WITHIN THE PARAMETERS OF A WRITTEN ARTICULATED PLAN AND WITH8
THE AUTHORIZATION OF THE SUPERVISING DENTIST : NONNARCOTIC9
ANALGESICS, ANTI-INFLAMMATORIES, AND ANTIBIOTICS; AND10
(VIII) A
NY TASK OR PROCEDURE AUTHORIZED TO BE PERFORMED11
BY A LICENSED DENTAL HYGIENIST AS SPECIFIED IN RULES ADOPTED12
PURSUANT TO SECTIONS 12-220-106 (1)(a)(I), 12-220-501, 12-220-50313
(1),
12-220-504 (1), AND 12-220-505.
14
(d) A
DENTAL THERAPIST SHALL COMPLETE AT LEAST A MAJORITY
15
OF THE DIRECT SUPERVISION HOURS REQUIRED UNDER SUBSECTION (1)(b)16
OR (1)(e) PERFORMING THE TASKS AND PROCEDURES IDENTIFIED IN17
SUBSECTION (1)(a) OF THIS SECTION.18
(e) FOR THE PURPOSES OF SATISFYING THE PRACTICE HOURS19
REQUIREMENT SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION, THE20
BOARD, BY RULE, MAY WAIVE UP TO SIX HUNDRED HOURS OF THE21
REQUIRED PRACTICE HOURS. IN PROMULGATING THESE RULES, THE BOARD22
SHALL, AT A MINIMUM, CONSIDER THE NUMBER OF YEARS THE DENTAL23
THERAPIST HAS PRACTICED AS:24
(I) A
LICENSED DENTAL HYGIENIST IN COLORADO;25
(II) A
LICENSED DENTAL HYGIENIST IN ANOTHER STATE ; OR26
(III) A
LICENSED DENTAL THERAPIST IN ANOTHER STATE .27
219
-10- (2) (a) AN ARTICULATED PLAN BETWEEN A DENTAL THERAPIST AND1
A DENTIST MUST INCLUDE:2
(I) M
ETHODS OF DENTIST SUPERVISION , CONSULTATION, AND3
APPROVAL;4
(II) P
ROTOCOLS FOR INFORMED CONSENT , RECORD KEEPING,5
QUALITY ASSURANCE, AND DISPENSING OR ADMINISTERING MEDICATIONS ;6
(III) P
OLICIES FOR HANDLING REFERRALS WHEN A PATIENT NEEDS7
SERVICES THE DENTAL THERAPIST IS NOT AUTHORIZED OR QUALIFIED TO8
PROVIDE;9
(IV) P
ROTOCOLS FOR ASSESSMENT OF DENTAL DISEASE AND THE
10
FORMULATION OF AN INDIVIDUALIZED TREATMENT PLAN AUTHORIZED BY11
THE SUPERVISING DENTIST;12
(V) POLICIES FOR HANDLING MEDICAL EMERGENCIES ; AND13
(VI) POLICIES FOR SUPERVISING DENTAL ASSISTANTS AND14
WORKING WITH DENTAL HYGIENISTS AND OTHER DENTAL PRACTITIONERS15
AND STAFF.16
(b) (I) A
DENTIST WHO ENTERS INTO A WRITTEN ARTICULATED
17
PLAN WITH A DENTAL THERAPIST SHALL ENSURE THAT THE DENTIST , OR18
ANOTHER DENTIST, IS AVAILABLE TO THE DENTAL THERAPIST FOR TIMELY19
COMMUNICATION DURING THE DENTAL THERAPIST 'S PROVISION OF CARE20
TO A PATIENT.21
(II) A
DENTAL THERAPIST AND A DENTIST WHO ENTER INTO A22
WRITTEN ARTICULATED PLAN SHALL EACH MAINTAIN A PHYSICAL OR23
DIGITAL COPY OF THE PLAN.24
(III) A
DENTAL THERAPIST MAY ENTER INTO WRITTEN25
ARTICULATED PLANS WITH MORE THAN ONE DENTIST IF EACH26
ARTICULATED PLAN INCLUDES THE SAME SUPERVISION REQUIREMENTS27
219
-11- AND SCOPE OF PRACTICE.1
(c) A
WRITTEN ARTICULATED PLAN MUST BE SIGNED BY THE
2
DENTIST AND THE DENTAL THERAPIST .3
(d) F
OR PURPOSES OF THIS SECTION, A WRITTEN ARTICULATED
4
PLAN SATISFIES THE REQUIREMENT OF PRIOR KNOWLEDGE AND CONSENT5
FOR INDIRECT SUPERVISION.6
(3) (a) EXCEPT AS PROVIDED IN SUBSECTION (3)(b) OR (3)(c) OF7
THIS SECTION, A DENTIST MAY NOT SIMULTANEOUSLY SUPERVISE MORE8
THAN THREE FULL-TIME OR FULL-TIME EQUIVALENT DENTAL THERAPISTS .9
(b) A DENTIST MAY SUPERVISE AN ADDITIONAL TWO FULL -TIME OR10
FULL-TIME EQUIVALENT DENTAL THERAPISTS WHO PRACTICE IN A11
FEDERALLY QUALIFIED HEALTH CENTER PURSUANT TO 42 U.S.C. SEC.12
1395x (aa)(4)
OR A RURAL HEALTH CLINIC PURSUANT TO 42 U.S.C. SEC.13
1395x (aa)(4).14
(c)
THE BOARD SHALL PROMULGATE RULES CREATING A PROCESS15
FOR A DENTIST TO SEEK A WAIVER FROM THE SUPERVISION LIMIT SPECIFIED16
IN SUBSECTION (3)(a) OF THIS SECTION. AT A MINIMUM, THE RULES MUST17
SPECIFY THE APPLICATION PROCESS AND WAIVER REQUIREMENTS .18
19
SECTION 7. In Colorado Revised Statutes, 12-220-105, amend20
(1)(a), (1)(b), (1)(c), (2)(b), and (2)(c) as follows:21
12-220-105. Colorado dental board - qualifications of board22
members - quorum - panel - rules - review of functions - repeal of23
article - repeal. (1) (a) The Colorado dental board is hereby created as24
the agency of this state for the regulation of the practice of dentistry,25
DENTAL THERAPY, AND DENTAL HYGIENE in this state and to carry out the26
purposes of this article 220. The board is subject to the supervision and27
219
-12- control of the division as provided by section 12-20-103 (2).1
(b) (I) EXCEPT AS PROVIDED IN SUBSECTION (1)(b)(II) OF THIS2
SECTION, the board consists of seven dentist members, three dental3
hygienist members, and three members from the public at large. The4
governor shall appoint each member for a term of four years, and each5
member must have the qualifications provided in this article 220. No6
member shall serve more than two consecutive terms of four years. Each7
board member holds office until the member's term expires or until the8
governor appoints a successor. T
HIS SUBSECTION (1)(b)(I) IS REPEALED,
9
EFFECTIVE DECEMBER 1, 2031.10
(II) (A) E
FFECTIVE JULY 1, 2031, THE BOARD CONSISTS OF SEVEN
11
DENTIST MEMBERS, TWO DENTAL THERAPIST MEMBERS , TWO DENTAL12
HYGIENIST MEMBERS, AND TWO MEMBERS FROM THE PUBLIC AT LARGE .13
T
HE GOVERNOR SHALL APPOINT EACH MEMBER FOR A TERM OF FOUR
14
YEARS, AND EACH MEMBER MUST HAVE THE QUALIFICATIONS PROVIDED15
IN THIS ARTICLE 220. A MEMBER SHALL NOT SERVE MORE THAN TWO16
CONSECUTIVE TERMS OF FOUR YEARS . EACH BOARD MEMBER HOLDS17
OFFICE UNTIL THE MEMBER'S TERM EXPIRES OR UNTIL THE GOVERNOR18
APPOINTS A SUCCESSOR.19
(B) A
MEMBER SERVING ON THE BOARD AS OF JUNE 30, 2031, MAY
20
SERVE THE MEMBER'S FULL TERM.21
(c) (I) In making appointments to the board, the governor shall22
attempt to create geographical, political, urban, and rural balance among23
the board members. If a vacancy occurs in any board membership before24
the expiration of the member's term, the governor shall fill the vacancy by25
appointment for the remainder of the term in the same manner as in the26
case of original appointments.27
219
-13- (II) (A) IN MAKING APPOINTMENTS OF DENTAL THERAPISTS TO THE1
BOARD, THE GOVERNOR SHALL APPOINT INDIVIDUALS WHO ARE DIVERSE2
WITH REGARD TO RACE , ETHNICITY, IMMIGRATION STATUS, INCOME,3
WEALTH, AGE, ABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, AND4
GEOGRAPHY.5
(B) I
N CONSIDERING THE RACIAL AND ETHNIC DIVERSITY OF THE6
DENTAL THERAPISTS APPOINTED TO THE BOARD , THE GOVERNOR SHALL7
ATTEMPT TO ENSURE THAT AT LEAST ONE MEMBER IS A PERSON OF COLOR .8
(C) I
N CONSIDERING THE GEOGRAPHIC DIVERSITY OF THE DENTAL9
THERAPISTS APPOINTED TO THE BOARD , THE GOVERNOR SHALL ATTEMPT10
TO APPOINT MEMBERS FROM BOTH RURAL AND URBAN AREAS OF THE11
STATE.12
(2) A person is qualified to be appointed to the board if the13
person:14
(b) Is currently licensed as a dentist,
DENTAL THERAPIST, or dental15
hygienist, if fulfilling that position on the board; and16
(c) Has been actively engaged in a clinical practice in this state for17
at least five years immediately preceding the appointment, if fulfilling the18
position of dentist,
DENTAL THERAPIST, or dental hygienist on the board. 19
SECTION 8. In Colorado Revised Statutes, 12-220-106, amend20
(1)(a)(I) and (1)(f) as follows:21
12-220-106. Powers and duties of board - rules - limitation on22
authority. (1) The board shall exercise, in accordance with this article23
220, the following powers and duties:24
(a) Make, publish, declare, and periodically review reasonable25
rules pursuant to section 12-20-204, including rules regarding:26
(I) The use of lasers for dental,
DENTAL THERAPY, and dental27
219
-14- hygiene purposes within defined scopes of practice, subject to appropriate1
education and training, and with appropriate supervision, as applicable;2
(f) In accordance with section 12-220-411, issue anesthesia and3
sedation permits to licensed dentists,
DENTAL THERAPISTS, and dental4
hygienists and set and collect fees for permit issuance. except that the
5
board shall only collect fees for local anesthesia permits issued to dental6
hygienists on or after July 1, 2014.7
SECTION 9. In Colorado Revised Statutes, 12-220-201, amend8
(1)(a), (1)(g), (1)(h), (1)(j)(I), (1)(j)(II), (1)(k), (1)(o), (1)(q), (1)(r), (1)(v)9
introductory portion, (1)(v)(II), (1)(x), (1)(y)(IV), (1)(ee), (1)(ff), and10
(1)(gg) as follows:11
12-220-201. Grounds for disciplinary action - definition.12
(1) The board may take disciplinary action against an applicant or13
licensee in accordance with sections 12-20-404 and 12-220-202 for any14
of the following causes:15
(a) Engaging in fraud, misrepresentation, or deception in applying16
for, securing, renewing, or seeking reinstatement of a license to practice17
dentistry,
DENTAL THERAPY, or dental hygiene in this state, in applying for18
professional liability coverage required pursuant to section 12-220-307,19
or in taking the examinations provided for in this article 220;20
(g) Aiding or abetting, in the practice of dentistry,
DENTAL21
THERAPY, or dental hygiene, a person who is not licensed to practice22
dentistry,
DENTAL THERAPY, or dental hygiene under this article 220 or23
whose license to practice dentistry,
DENTAL THERAPY, or dental hygiene24
is suspended;25
(h) Except as otherwise provided in sections 12-220-304,26
12-220-503 (4), and 25-3-103.7, practicing dentistry,
DENTAL THERAPY,27
219
-15- or dental hygiene as a partner, agent, or employee of or in joint venture1
with any person who does not hold a license to practice dentistry,
DENTAL2
THERAPY, or dental hygiene within this state or practicing dentistry,3
DENTAL THERAPY, or dental hygiene as an employee of or in joint venture4
with any partnership, association, or corporation. A licensee holding a5
license to practice dentistry,
DENTAL THERAPY, or dental hygiene in this6
state may accept employment from any person, partnership, association,7
or corporation to examine, prescribe, and treat the employees of the8
person, partnership, association, or corporation.9
(j) (I) Failing to notify the board, as required by section 12-30-10810
(1), of a physical illness, physical condition, or behavioral health, mental11
health, or substance use disorder that renders the licensee unable, or limits12
the licensee's ability, to perform dental,
DENTAL THERAPY, or dental13
hygiene services with reasonable skill and with safety to the patient;14
(II) Failing to act within the limitations created by a physical15
illness, physical condition, or behavioral health, mental health, or16
substance use disorder that renders the licensee unable to practice
17
PERFORM dental, DENTAL THERAPY, or dental hygiene services with18
reasonable skill and safety or that may endanger the health or safety of19
persons under his or her THE LICENSEE'S care; or20
(k) Committing an act or omission that constitutes grossly21
negligent dental,
DENTAL THERAPY, or dental hygiene practice or that fails22
to meet generally accepted standards of dental,
DENTAL THERAPY, or23
dental hygiene practice;24
(o) False billing in the delivery of dental,
DENTAL THERAPY, or25
dental hygiene services, including but not limited to,
performing one26
service and billing for another, billing for any service not rendered, or27
219
-16- committing a fraudulent insurance act, as defined in section 10-1-128; 1
(q) Failing to notify the board, in writing and within ninety days2
after a judgment is entered, of a final judgment by a court of competent3
jurisdiction in favor of any party and against the licensee involving4
negligent malpractice of dentistry,
DENTAL THERAPY, or dental hygiene,5
which notice must contain the name of the court, the case number, and the6
names of all parties to the action;7
(r) Failing to report a dental,
DENTAL THERAPY, or dental hygiene8
malpractice judgment or malpractice settlement to the board by the9
licensee within ninety days;10
(v) Sharing any professional fees with anyone except those with11
whom the dentist,
DENTAL THERAPIST, or dental hygienist is lawfully12
associated in the practice of dentistry,
DENTAL THERAPY, or dental13
hygiene; except that:14
(II) Nothing in this section prohibits a dentist,
DENTAL THERAPIST,15
or dental hygienist practice owned or operated by a proprietor authorized16
under section 12-220-303 from contracting with any person or entity for17
business management services or paying a royalty in accordance with a18
franchise agreement if the terms of the contract or franchise agreement do19
not affect the exercise of the independent professional judgment of the20
dentist,
DENTAL THERAPIST, or dental hygienist.21
(x) Failure of a
DENTAL THERAPIST OR dental hygienist to22
recommend that a patient be examined by a dentist or to refer a patient to23
a dentist when the
DENTAL THERAPIST OR dental hygienist detects a24
condition that requires care beyond the scope of practicing
DENTAL25
THERAPY OR supervised or unsupervised dental hygiene;26
(y) Engaging in any of the following activities and practices:27
219
-17- (IV) Ordering or performing, without clinical justification, any1
service, X ray, or treatment that is contrary to recognized standards of the2
practice of dentistry,
DENTAL THERAPY, or dental hygiene, as interpreted3
by the board;4
(ee) Failing to provide adequate or proper supervision when
5
employing unlicensed persons in a dental or dental hygiene practice OF6
UNLICENSED PERSONS IN DENTAL, DENTAL THERAPY, OR DENTAL HYGIENE7
PRACTICE;8
(ff) Engaging in any conduct that constitutes a crime as defined9
in title 18, which conduct relates to the licensee's practice as a dentist,10
DENTAL THERAPIST, or dental hygienist;11
(gg) Practicing outside the scope of dental,
DENTAL THERAPY, or12
dental hygiene practice;13
SECTION 10. In Colorado Revised Statutes, 12-220-202, amend14
(1)(a)(II), (3) introductory portion, (4), and (5)(a) as follows:15
12-220-202. Disciplinary actions - rules. (1) (a) If, after notice16
and hearing conducted in accordance with article 4 of title 24 and section17
12-20-403, the board determines that an applicant or licensee has engaged18
in an act specified in section 12-220-201, the board may:19
(II) Reprimand, censure, or, in accordance with section 12-20-40420
(1)(b), place on probation any licensed dentist,
DENTAL THERAPIST, or21
dental hygienist;22
(3) The board may include, in any disciplinary order that allows23
a dentist,
DENTAL THERAPIST, or dental hygienist to continue to practice,24
conditions the board deems appropriate to assure that the dentist,
DENTAL25
THERAPIST, or dental hygienist is physically, mentally, and otherwise26
qualified to practice dentistry,
DENTAL THERAPY, or dental hygiene in27
219
-18- accordance with generally accepted professional standards of practice.1
The order may include any or all of the following:2
(4) The board may suspend the license of a dentist,
DENTAL3
THERAPIST, or dental hygienist who fails to comply with an order of the4
board issued in accordance with this section. The board may impose the5
license suspension until the licensee complies with the board's order.6
(5) (a) In addition to any other penalty permitted under this article7
220, when a licensed dentist,
DENTAL THERAPIST, or dental hygienist8
violates a provision of this article 220 or of any rule promulgated9
pursuant to this article 220, the board may impose a fine on the licensee.10
If the licensee is a dentist, the fine must not exceed five thousand dollars.11
I
F THE LICENSEE IS A DENTAL THERAPIST, THE FINE MUST NOT EXCEED12
FOUR THOUSAND DOLLARS . If the licensee is a dental hygienist, the fine13
must not exceed three thousand dollars.14
SECTION 11. In Colorado Revised Statutes, 12-220-203, amend15
(1)(a) as follows:16
12-220-203. Disciplinary proceedings. (1) (a) Any person may17
submit a complaint relating to the conduct of a dentist,
DENTAL18
THERAPIST, or dental hygienist, which complaint must be in writing and19
signed by the person. The board, on its own motion, may initiate a20
complaint. The board shall notify the dentist,
DENTAL THERAPIST, or21
dental hygienist of the complaint against the dentist,
DENTAL THERAPIST,22
or dental hygienist.23
SECTION 12. In Colorado Revised Statutes, 12-220-206, amend24
(1) and (2) introductory portion as follows:25
12-220-206. Mental and physical examinations. (1) (a) If the26
board has reasonable cause to believe that a person licensed to practice27
219
-19- dentistry, DENTAL THERAPY, or dental hygiene in this state is unable to1
practice dentistry,
DENTAL THERAPY, or dental hygiene with reasonable2
skill and safety to patients because of a physical or mental disability or3
because of excessive use of alcohol, a habit-forming drug or substance,4
or a controlled substance, as defined in section 18-18-102 (5), the board5
may require the licensed dentist,
DENTAL THERAPIST, or dental hygienist6
to submit to a mental or physical examination by a qualified professional7
designated by the board.8
(b) Upon the failure of the licensed dentist,
DENTAL THERAPIST,9
or dental hygienist to submit to a mental or physical examination required10
by the board, unless the failure is due to circumstances beyond the11
dentist's,
DENTAL THERAPIST'S, or dental hygienist's control, the board12
may suspend the dentist's,
DENTAL THERAPIST'S, or dental hygienist's13
license to practice dentistry,
DENTAL THERAPY, or dental hygiene in this14
state until the dentist,
DENTAL THERAPIST, or dental hygienist submits to15
the examination.16
(2) Every person licensed to practice dentistry,
DENTAL THERAPY,17
or dental hygiene in this state is deemed, by so practicing or by applying18
for a renewal of the person's license to practice dentistry,
DENTAL19
THERAPY, or dental hygiene in this state, to have:20
SECTION 13. In Colorado Revised Statutes, 12-220-208, amend21
(2) as follows:22
12-220-208. Review of board action. (2) The provisions of this23
section apply to a license issued to a dentist,
DENTAL THERAPIST, or dental24
hygienist.25
SECTION 14. In Colorado Revised Statutes, 12-220-210, amend26
(1)(a)(I), (2) introductory portion, and (2)(a) as follows:27
219
-20- 12-220-210. Use or sale of forged or invalid diploma, license,1
license renewal certificate, or identification. (1) (a) It is unlawful for2
any person to use or attempt to use:3
(I) As the person's own, a diploma from a dental college or school4
or school of
DENTAL THERAPY OR dental hygiene, or a license or license5
renewal certificate, that was issued or granted to another person; or6
(2) It is unlawful to sell or offer to sell a diploma conferring a7
dental,
DENTAL THERAPY, or dental hygiene degree or a license or license8
renewal certificate granted pursuant to this article 220 or prior dental9
practice laws, or to procure such diploma or license or license renewal10
certificate:11
(a) With the intent that it be used as evidence of the right to12
practice dentistry,
DENTAL THERAPY, or dental hygiene by a person other13
than the one upon whom it was conferred or to whom the license or14
license renewal certificate was granted; or15
SECTION 15. In Colorado Revised Statutes, amend 12-220-21116
as follows:17
12-220-211. Unauthorized practice - penalties. Any person who18
practices or offers or attempts to practice dentistry,
DENTAL THERAPY, or19
dental hygiene without an active license issued under this article 220 is20
subject to penalties pursuant to section 12-20-407 (1)(a).21
SECTION 16. In Colorado Revised Statutes, 12-220-301, amend22
(1) introductory portion and (1)(a) as follows:23
12-220-301. Persons entitled to practice dentistry, dental24
therapy, or dental hygiene. (1) It is unlawful for any person to practice25
dentistry,
DENTAL THERAPY, or dental hygiene in this state except those:26
(a) Who are duly licensed as dentists,
DENTAL THERAPISTS, or27
219
-21- dental hygienists pursuant to this article 220;1
SECTION 17. In Colorado Revised Statutes, 12-220-302, amend2
(1)(c), (1)(e), (1)(f), (1)(i), and (1)(j) as follows:3
12-220-302. Persons exempt from operation of this article.4
(1) This article 220 does not apply to the following practices, acts, and5
operations:6
(c) The practice of dentistry,
DENTAL THERAPY, or dental hygiene7
in the discharge of their official duties by graduate dentists, or
dental8
surgeons,
DENTAL THERAPISTS, or dental hygienists in the United States9
armed forces, public health service, Coast Guard, or veterans10
administration;11
(e) The practice of
DENTAL THERAPY OR dental hygiene by12
instructors and students or the practice of dentistry by students or13
residents in schools or colleges of dentistry, schools of
DENTAL THERAPY,14
SCHOOLS OF dental hygiene, or schools of dental assistant education while15
the instructors, students, or residents are participating in accredited16
programs of the schools or colleges;17
(f) The practice of dentistry,
DENTAL THERAPY, or dental hygiene18
by dentists,
DENTAL THERAPISTS, or dental hygienists licensed in good19
standing by other states or countries while appearing in programs of20
dental education or research at the invitation of any group of licensed21
dentists,
DENTAL THERAPISTS, or dental hygienists in this state who are in22
good standing, so long as the practice is limited to five consecutive days23
in a twelve-month period and the name of each person engaging in the24
practice is submitted to the board, in writing and on a form approved by25
the board, at least ten days before the person performs the practice;26
(i) The practicing of dentistry,
DENTAL THERAPY, or dental27
219
-22- hygiene by an examiner representing a testing agency approved by the1
board, during the administration of an examination; or2
(j) The practice of dentistry,
DENTAL THERAPY, or dental hygiene3
by dentists,
DENTAL THERAPISTS, or dental hygienists licensed in good4
standing by other states while providing care as a volunteer, at the5
invitation of any group of licensed dentists,
DENTAL THERAPISTS, or6
dental hygienists in this state who are in good standing, so long as the7
practice is limited to five consecutive days in a twelve-month period and8
the name of each person engaging in the practice is submitted to the9
board, in writing and on a form approved by the board, at least ten days10
before the person performs the practice.11
SECTION 18. In Colorado Revised Statutes, amend 12-220-30412
as follows:13
12-220-304. Names and status under which dental practice14
may be conducted. (1) The conduct of the practice of dentistry,
DENTAL15
THERAPY, or dental hygiene in a corporate capacity is prohibited, but the16
prohibition shall not be construed to prevent the practice of dentistry,17
DENTAL THERAPY, or dental hygiene by a professional service corporation18
of licensees so constituted that they may be treated under the federal19
internal revenue laws as a corporation for tax purposes only. Any such
A20
professional service corporation may exercise such THE powers and shall21
be subject to such limitations and requirements, insofar as applicable, as22
are provided in section 12-240-138, relating to professional service23
corporations for the practice of medicine.24
(2) The group practice of dentistry,
DENTAL THERAPY, or dental25
hygiene is permitted.26
(3) The practice of dentistry,
DENTAL THERAPY, or dental hygiene27
219
-23- by a limited liability company of licensees or by a limited liability1
partnership of licensees is permitted subject to the limitations and2
requirements, insofar as are applicable, set forth in section 12-240-138,3
relating to a limited liability company or limited liability partnership for4
the practice of medicine.5
SECTION 19. In Colorado Revised Statutes, 12-220-305, amend6
(1)(a), (1)(b), (1)(c), (1)(j), (1)(k), (1)(m), (1)(n), (1)(p), and (1)(r) as7
follows:8
12-220-305. What constitutes practicing dentistry - authority9
to electronically prescribe. (1) A person is practicing dentistry if the10
person:11
(a) Performs, or attempts or professes to perform, any dental12
operation, oral surgery, or dental diagnostic or therapeutic services of any13
kind; except that nothing in this subsection (1)(a) prohibits a
DENTAL14
THERAPIST, dental hygienist, or dental assistant from providing preventive15
dental or nutritional counseling, education, or instruction services;16
(b) Is a proprietor of a place where dental operation, oral surgery,17
or dental diagnostic or therapeutic services are performed; except that18
nothing in this subsection (1)(b) prohibits a
DENTAL THERAPIST, dental19
hygienist, or dental assistant from performing those tasks and procedures20
consistent with section 12-220-501;21
(c) Directly or indirectly, by any means or method, takes22
impression of the human tooth, teeth, jaws, maxillofacial area, or adjacent23
and associated structures; performs any phase of any operation incident24
to the replacement of a part of a tooth; or supplies artificial substitutes for25
the natural teeth, jaws, or adjacent and associated structures; except that26
nothing in this subsection (1)(c) prohibits a
DENTAL THERAPIST, dental27
219
-24- hygienist, or dental assistant from performing tasks and procedures1
consistent with sections 12-220-501 (3)(b)(III), and 12-220-503 (1)(d),2
AND 12-220-507;3
(j) Extracts, or attempts to extract, human teeth or corrects, or4
attempts to correct, malformations of human teeth or jaws;
EXCEPT THAT
5
THIS SUBSECTION (1)(j) DOES NOT PROHIBIT A DENTAL THERAPIST FROM6
PERFORMING TASKS AND PROCEDURES CONSISTENT WITH SECTION7
12-220-507;8
(k) Repairs or fills cavities in human teeth;
EXCEPT THAT THIS
9
SUBSECTION (1)(k) DOES NOT PROHIBIT A DENTAL THERAPIST FROM10
PERFORMING TASKS AND PROCEDURES CONSISTENT WITH SECTION11
12-220-507;12
(m) Gives, or professes to give, interpretations or readings of13
dental X rays or roentgenograms, CT scans, or other diagnostic14
methodologies; except that nothing in this subsection (1)(m) prohibits a15
dental hygienist from performing tasks and procedures consistent with16
sections 12-220-503 and 12-220-504
OR A DENTAL THERAPIST FROM17
PERFORMING TASKS CONSISTENT WITH SECTION 12-220-507;18
(n) Represents himself or herself to an individual or the general19
public as practicing dentistry, by using the words "dentist" or "dental20
surgeon", or by using the letters "D.D.S.", "D.M.D.", "D.D.S./M.D.", or21
"D.M.D./M.D." Nothing in this subsection (1)(n) prohibits a
DENTAL22
THERAPIST, dental hygienist, or dental assistant from performing tasks and23
procedures consistent with section 12-220-501 (2), (2.5), or (3)(b).24
(p) Prescribes drugs or medications and administers local25
anesthesia, analgesia including nitrous oxide/oxygen inhalation,26
medication prescribed or administered for the relief of anxiety or27
219
-25- apprehension, minimal sedation, moderate sedation, deep sedation, or1
general anesthesia as necessary for the proper practice of dentistry; except2
that nothing in this subsection (1)(p) prohibits:3
(I) A dental hygienist from performing those tasks and procedures4
consistent with sections 12-220-501, 12-220-503 (1)(e) and (1)(g), and5
12-220-504 (1)(c), and in accordance with rules promulgated by the6
board;
OR7
(II) A
DENTAL THERAPIST FROM PERFORMING THOSE TASKS AND8
PROCEDURES CONSISTENT WITH SECTIONS 12-220-501 (2.5) AND9
12-220-507,
AND IN ACCORDANCE WITH RULES PROMULGATED BY THE10
BOARD.11
(r) Gives or professes to give interpretations or readings of dental12
charts or records or gives treatment plans or interpretations of treatment13
plans derived from examinations, patient records, dental X rays, or14
roentgenograms; except that nothing in this subsection (1)(r) prohibits a15
DENTAL THERAPIST, dental hygienist, or dental assistant from performing16
tasks and procedures consistent with sections 12-220-501 (2), (2.5), and17
(3), 12-220-503, and
12-220-504, AND 12-220-507.18
SECTION 20. In Colorado Revised Statutes, amend 12-220-30719
as follows:20
12-220-307. Professional liability insurance required - rules.21
(1) A licensed dentist,
A LICENSED DENTAL THERAPIST, and a licensed22
dental hygienist must meet the financial responsibility requirements23
established by the board pursuant to section 13-64-301 (1)(a).24
(2) Upon request of the board, a licensed dentist,
LICENSED25
DENTAL THERAPIST, or licensed dental hygienist shall provide proof of26
professional liability insurance to the board.27
219
-26- (3) The board may, by rule, exempt from or establish lesser1
financial responsibility standards for licensed dentists,
LICENSED DENTAL2
THERAPISTS, and licensed dental hygienists who meet the criteria in3
section 13-64-301 (1)(a)(II).4
SECTION 21. In Colorado Revised Statutes, amend 12-220-3085
as follows:6
12-220-308. Continuing education requirements - rules. (1) As7
a condition of renewing, reactivating, or reinstating a license issued under8
this article 220, every dentist,
DENTAL THERAPIST, and dental hygienist9
must obtain at least thirty hours of continuing education every two years10
to ensure patient safety and professional competency.11
(2) The board may adopt rules establishing the basic requirements12
for continuing education, including the types of programs that qualify,13
exemptions for persons holding an inactive or retired license,14
requirements for courses designed to enhance clinical skills for certain15
licenses, and the manner by which dentists,
DENTAL THERAPISTS, and16
dental hygienists are to report compliance with the continuing education17
requirements.18
SECTION 22. In Colorado Revised Statutes, 12-220-409, amend19
(1), (2)(a), and (5) as follows:20
12-220-409. Inactive dental, dental therapist, or dental21
hygienist license. (1) Any person licensed to practice dentistry,
DENTAL22
THERAPY, or dental hygiene pursuant to this article 220 may apply to the23
board to be transferred to an inactive status. The licensee must submit an24
application in the form and manner designated by the board. The board25
may grant inactive status by issuing an inactive license or deny the26
application for any of the causes set forth in section 12-220-201.27
219
-27- (2) Any person applying for a license under this section must:1
(a) Provide an affidavit to the board that the applicant, after a date2
certain, will not practice dentistry,
DENTAL THERAPY, or dental hygiene3
in this state unless the applicant is issued a license to practice dentistry,4
DENTAL THERAPY, or dental hygiene pursuant to subsection (5) of this5
section;6
(5) Any person licensed under this section who wishes to resume7
the practice of dentistry,
DENTAL THERAPY, or dental hygiene must file an8
application in the form and manner the board designates, pay the license9
fee promulgated by the board pursuant to section 12-20-105, and meet the10
financial responsibility requirements or the professional liability11
insurance requirements established by the board pursuant to sections12
12-220-307 and 13-64-301 (1)(a), as applicable. The board may approve13
the application and issue a license to practice dentistry,
DENTAL THERAPY,14
or dental hygiene or may deny the application for any of the causes set15
forth in section 12-220-201.16
SECTION 23. In Colorado Revised Statutes, 12-220-410, amend17
(1), (2)(a), (5), and (6) as follows:18
12-220-410. Retired dental, dental therapist, and dental19
hygienist licenses. (1) Any person licensed to practice dentistry,
DENTAL20
THERAPY, or dental hygiene pursuant to this article 220 may apply to the21
board for retired licensure status. The application must be in the form and22
manner designated by the board. The board may grant retired licensure23
status by issuing a retired license, or it may deny the application if the24
licensee has been disciplined for any of the causes set forth in section25
12-220-201.26
(2) Any person applying for a license under this section must:27
219
-28- (a) Provide an affidavit to the board stating that, after a date1
certain, the applicant will not practice dentistry,
DENTAL THERAPY, or2
dental hygiene; will no longer earn income as a dentist,
DENTAL3
THERAPIST, or dental hygiene administrator or consultant; and will not4
perform any activity that constitutes practicing dentistry,
DENTAL5
THERAPY, or dental hygiene pursuant to sections 12-220-305, 12-220-501,6
12-220-503, and
12-220-504, AND 12-220-507 unless the applicant is7
issued a license to practice dentistry,
DENTAL THERAPY, or dental hygiene8
pursuant to subsection (5) of this section; and9
(5) Any person licensed under this section may apply to the board10
for a return to active licensure status by filing an application in the form11
and manner the board designates, paying the appropriate license fee12
established pursuant to section 12-20-105, and meeting the financial13
responsibility requirements or the professional liability insurance14
requirements established by the board pursuant to sections 12-220-30715
and 13-64-301 (1)(a), as applicable. The board may approve the16
application and issue a license to practice dentistry,
DENTAL THERAPY, or17
dental hygiene or may deny the application if the licensee has been18
disciplined for any of the causes set forth in section 12-220-201.19
(6) A dentist,
DENTAL THERAPIST, or dental hygienist on retired20
status may provide dental,
DENTAL THERAPY, or dental hygiene services21
on a voluntary basis to the
PEOPLE WHO ARE indigent if the retired dentist,22
DENTAL THERAPIST, or dental hygienist provides the services on a limited23
basis and does not charge a fee for the services. A retired dentist,
DENTAL24
THERAPIST, or dental hygienist providing voluntary care pursuant to this25
subsection (6) is immune from any liability resulting from the voluntary26
care the retired dentist,
DENTAL THERAPIST, or dental hygienist provided.27
219
-29- SECTION 24. In Colorado Revised Statutes, 12-220-411, amend1
(1), (3), and (4)(a); and add (6) as follows:2
12-220-411. Anesthesia and sedation permits - dentists, dental3
therapists, and dental hygienists - training and experience4
requirements - office inspections - rules. (1) Upon application in a5
form and manner determined by the board and payment of the applicable6
fees established by the board, the board may issue an anesthesia or7
sedation permit to a licensed dentist or a local anesthesia permit to a8
DENTAL THERAPIST OR dental hygienist in accordance with this section.9
(3) (a) A licensed
DENTAL THERAPIST OR dental hygienist who10
obtains a local anesthesia permit pursuant to this section may administer11
local anesthesia.12
(b) A local anesthesia permit issued to a
DENTAL THERAPIST OR13
dental hygienist is valid as long as the
DENTAL THERAPIST'S OR dental14
hygienist's license is active.15
(4) (a) The board shall establish, by rule, minimum training,16
experience, and equipment requirements for the administration of local17
anesthesia, analgesia including nitrous oxide/oxygen inhalation, and18
medication prescribed or administered for the relief of anxiety or19
apprehension, minimal sedation, moderate sedation, deep sedation, or20
general anesthesia, including procedures that may be used by and21
minimum training requirements for dentists,
DENTAL THERAPISTS, dental22
hygienists, and dental assistants.23
(6) F
OR THE PURPOSES OF THIS SECTION, A DENTAL THERAPIST24
WHO PERFORMS A TASK PURSUANT TO A WRITTEN ARTICULATED PLAN25
THAT MEETS THE REQUIREMENTS OF SECTION 12-220-507 (2)
IS26
CONSIDERED TO HAVE PERFORMED THE TASK WITH THE PRIOR KNOWLEDGE27
219
-30- AND CONSENT OF THE DENTIST.1
SECTION 25. In Colorado Revised Statutes, 12-220-601, amend2
(1) and (2) as follows:3
12-220-601. Legislative declaration. (1) The general assembly4
hereby finds, determines, and declares that public exposure to the hazards5
of ionizing radiation used for diagnostic purposes should be minimized6
wherever possible. Accordingly, the general assembly finds, determines,7
and declares that for any dentist,
DENTAL THERAPIST, or dental hygienist8
to allow an untrained person to operate a machine source of ionizing9
radiation, including without limitation a device commonly known as an10
"X-ray machine", or to administer radiation to a patient for diagnostic11
purposes is a threat to the public health and safety.12
(2) It is the intent of the general assembly that dentists,
DENTAL13
THERAPISTS, and dental hygienists utilizing unlicensed persons in their14
practices provide those persons with a minimum level of education and15
training before allowing them to operate machine sources of ionizing16
radiation; however, it is not the general assembly's intent to discourage17
education and training beyond this minimum. It is further the intent of the18
general assembly that established minimum training and education19
requirements correspond as closely as possible to the requirements of20
each particular work setting as determined by the board pursuant to this21
part 6.22
SECTION 26. In Colorado Revised Statutes, 12-220-602, amend23
(1) and (2) as follows:24
12-220-602. Minimum standards - rules - definition.25
(1) (a) The board shall adopt rules prescribing minimum standards for the26
qualifications, education, and training of unlicensed persons operating27
219
-31- machine sources of ionizing radiation and administering radiation to1
patients for diagnostic medical use. A licensed dentist,
DENTAL2
THERAPIST, or dental hygienist shall not allow an unlicensed person to3
operate a machine source of ionizing radiation or to administer radiation4
to any patient unless the person meets standards then in effect under rules5
adopted pursuant to this section. The board may adopt rules allowing a6
grace period in which newly hired operators of machine sources of7
ionizing radiation are to receive the training required by this section.8
(b) For purposes of
AS USED IN this part 6, "unlicensed person"9
means a person who does not hold a current and active license entitling10
the person to practice dentistry,
DENTAL THERAPY, or dental hygiene11
under this article 220.12
(2) The board shall seek the assistance of licensed dentists,13
DENTAL THERAPISTS, or licensed
dental hygienists in developing and14
formulating the rules promulgated pursuant to this section.15
SECTION 27. In Colorado Revised Statutes, 12-20-202, add16
(3)(e)(IX.5) as follows:17
12-20-202. Licenses, certifications, and registrations - renewal18
- reinstatement - fees - occupational credential portability program19
- temporary authority for military spouses - exceptions for military20
personnel - rules - consideration of criminal convictions or driver's21
history - executive director authority - definitions. (3) Occupational22
credential portability program. (e) Subsections (3)(a) to (3)(d) of this23
section do not apply to the following professions or occupations:24
(IX.5) D
ENTAL THERAPISTS, REGULATED PURSUANT TO ARTICLE25
220
OF THIS TITLE 12; 26
SECTION 28. In Colorado Revised Statutes, 12-20-406, amend27
219
-32- (3)(f) as follows:1
12-20-406. Injunctive relief. (3) This section does not apply to2
the following:3
(f) Article 220 of this title 12 concerning dentists,
DENTAL4
THERAPISTS, and dental hygienists;5
SECTION 29. In Colorado Revised Statutes, 12-20-407, amend6
(1)(a)(V)(J) as follows:7
12-20-407. Unauthorized practice of profession or occupation8
- penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor9
and shall be punished as provided in section 18-1.3-501 if the person:10
(V) Practices or offers or attempts to practice any of the following11
professions or occupations without an active license, certification, or12
registration issued under the part or article of this title 12 governing the13
particular profession or occupation:14
(J) Dentistry,
DENTAL THERAPY, or dental hygiene, as regulated15
under article 220 of this title 12;16
SECTION 30. In Colorado Revised Statutes, 12-30-102, amend17
(3)(a)(VII) as follows:18
12-30-102. Medical transparency act of 2010 - disclosure of19
information about health-care providers - fines - rules - short title -20
legislative declaration - review of functions - repeal. (3) (a) As used21
in this section, "applicant" means a person applying for a new, active22
license, certification, or registration or to renew, reinstate, or reactivate23
an active license, certification, or registration to practice:24
(VII) Dental
THERAPY OR DENTAL hygiene pursuant to article 22025
of this title 12;26
SECTION 31. In Colorado Revised Statutes, 12-30-103, amend27
219
-33- (4)(a)(IV) as follows:1
12-30-103. Solicitation of accident victims - waiting period -2
definitions. (4) As used in this section:3
(a) "Health-care practitioner" means:4
(IV) A dentist,
DENTAL THERAPIST, or dental hygienist licensed5
under article 220 of this title 12;6
SECTION 32. In Colorado Revised Statutes, 13-4-102, amend7
(1)(g) and (2)(g) as follows:8
13-4-102. Jurisdiction. (1) Any provision of law to the contrary9
notwithstanding, the court of appeals shall have initial jurisdiction over10
appeals from final judgments of, and interlocutory appeals of certified11
questions of law in civil cases pursuant to section 13-4-102.1 from, the12
district courts, the probate court of the city and county of Denver, and the13
juvenile court of the city and county of Denver, except in:14
(g) Review actions of the Colorado dental board in refusing to15
issue or renew or in suspending or revoking a license to practice dentistry,16
DENTAL THERAPY, or dental hygiene, as provided in section 12-220-208;17
(2) The court of appeals has initial jurisdiction to:18
(g) Review actions of the Colorado dental board in refusing to19
issue or renew or in suspending or revoking a license to practice dentistry,20
DENTAL THERAPY, or dental hygiene, as provided in section 12-220-137
21
SECTION 12-220-208;22
SECTION 33. In Colorado Revised Statutes, 13-21-115.5,23
amend (3)(c)(II)(R) as follows:24
13-21-115.5. Volunteer service act - immunity - exception for25
operation of motor vehicles - short title - legislative declaration -26
definitions. (3) As used in this section, unless the context otherwise27
219
-34- requires:1
(c) (II) "Volunteer" includes:2
(R) A licensed dentist,
DENTAL THERAPIST, or dental hygienist3
governed by article 220 of title 12 performing the practice of dentistry,4
DENTAL THERAPY, or dental hygiene, as defined in section 12-220-1045
and as described in section
SECTIONS 12-220-305, 12-220-402,6
12-220-403,
AND 12-220-507; as a volunteer for a nonprofit organization,7
nonprofit corporation, governmental entity, or hospital; or a dentist,8
DENTAL THERAPIST, or dental hygienist who holds a license in good9
standing from another state performing the practice of dentistry,
DENTAL10
THERAPY, or dental hygiene, as defined in section 12-220-104 and as11
described in section
SECTIONS 12-220-305, 12-220-402, 12-220-403, AND12
12-220-507, as a volunteer for a nonprofit organization, nonprofit13
corporation, governmental entity, or hospital pursuant to section14
12-220-302 (1)(j); and15
SECTION 34. In Colorado Revised Statutes, 13-64-301, amend16
(1) introductory portion, (1)(a)(I), (1)(a)(II) introductory portion,17
(1)(a)(III), and (1)(a)(IV) as follows:18
13-64-301. Financial responsibility. (1) As a condition of active19
licensure or authority to practice in this state, every physician, dentist,20
DENTAL THERAPIST, or dental hygienist; every physician assistant who has21
been practicing for at least three years; and every health-care institution22
as defined in section 13-64-202, except as provided in section23
13-64-303.5, that provides health-care services shall establish financial24
responsibility, as follows:25
(a) (I) (A) If a dentist, by maintaining commercial professional26
liability insurance coverage with an insurance company authorized to do27
219
-35- business in this state or an eligible nonadmitted insurer allowed to insure1
in Colorado pursuant to article 5 of title 10, C.R.S., in a minimum2
indemnity amount of five hundred thousand dollars per incident and one3
million five hundred thousand dollars annual aggregate per year; except4
that this requirement is not applicable to a dentist who is a public5
employee under the "Colorado Governmental Immunity Act", article 106
of title 24. C.R.S.7
(B) A licensed dental hygienist must have MAINTAIN professional8
liability insurance in an amount not less than fifty thousand dollars per9
claim and with an aggregate liability limit for all claims during a calendar10
year of not less than three hundred thousand dollars; except that this11
requirement does not apply to a licensed dental hygienist who is a public12
employee under the "Colorado Governmental Immunity Act", article 1013
of title 24. C.R.S.14
(C) A
LICENSED DENTAL THERAPIST MUST MAINTAIN15
PROFESSIONAL LIABILITY INSURANCE IN AN AMOUNT NOT LESS THAN FIVE16
HUNDRED THOUSAND DOLLARS PER INCIDENT AND ONE MILLION FIVE17
HUNDRED THOUSAND DOLLARS ANNUAL AGGREGATE PER YEAR ; EXCEPT18
THAT THIS REQUIREMENT IS NOT APPLICABLE TO A DENTAL THERAPIST19
WHO IS A PUBLIC EMPLOYEE UNDER THE "COLORADO GOVERNMENTAL20
I
MMUNITY ACT", ARTICLE 10 OF TITLE 24.21
(II) The Colorado dental board, by rule, may exempt from or22
establish lesser financial responsibility standards than those prescribed in23
this section for classes of
LICENSED dentists, and licensed
DENTAL24
THERAPISTS, AND dental hygienists who:25
(III) The Colorado dental board may exempt from or establish26
lesser financial responsibility standards for a
LICENSED dentist, DENTAL27
219
-36- THERAPIST, or licensed dental hygienist for reasons other than those1
described in subparagraph (II) of this paragraph (a) SUBSECTION (1)(a)(II)2
OF THIS SECTION that render the limits provided in subparagraph (I) of this3
paragraph (a) SUBSECTION (1)(a)(I) OF THIS SECTION unreasonable or4
unattainable.5
(IV) Nothing in this paragraph (a) SUBSECTION (1)(a) shall6
preclude or otherwise prohibit a licensed dentist,
DENTAL THERAPIST, or7
licensed
dental hygienist from rendering appropriate patient care on an8
occasional basis when the circumstances surrounding the need for care so9
warrant.10
SECTION 35. In Colorado Revised Statutes, 19-3-304, amend11
(2)(o) as follows: 12
19-3-304. Persons required to report child abuse or neglect.13
(2) Persons required to report such abuse or neglect or circumstances or14
conditions include any:15
(o) Dental
THERAPIST OR DENTAL hygienist;16
SECTION 36. In Colorado Revised Statutes, add 23-5-148 as17
follows:18
23-5-148. Dental therapy training programs - authorization to19
grant advanced standing - definition. (1) A
S USED IN THIS SECTION,20
"
STATE INSTITUTION OF HIGHER EDUCATION " HAS THE SAME MEANING AS21
SET FORTH IN SECTION 23-18-102 (10)(a).22
(2) A
STATE INSTITUTION OF HIGHER EDUCATION OFFERING AN23
ACCREDITED DENTAL THERAPY TRAINING PROGRAM MAY GRANT24
ADVANCED STANDING TOWARD COMPLETION OF AN ACCREDITED DENTAL25
THERAPY PROGRAM IF A STUDENT DEMONSTRATES PAST COMPLETION OF26
CURRICULUM THAT MEETS OR EXCEEDS THE CONTENT STANDARDS FOR27
219
-37- ONE OR MORE COURSES THAT COMPRISE THE DENTAL THERAPY1
CURRICULUM ACCREDITED BY THE AMERICAN DENTAL ASSOCIATION'S2
COMMISSION ON DENTAL ACCREDITATION , OR ITS SUCCESSOR3
ORGANIZATION.4
SECTION 37. In Colorado Revised Statutes, 25-1-108.7, amend5
(3)(f) as follows:6
25-1-108.7. Health care credentials uniform application act -7
legislative declaration - definitions - state board of health rules.8
(3) As used in this section, unless the context otherwise requires:9
(f) "Health-care professional" means a physician, dentist,
DENTAL10
THERAPIST, dental hygienist, chiropractor, podiatrist, psychologist,11
advanced practice
REGISTERED nurse, optometrist, physician assistant,12
licensed clinical social worker, child health associate, marriage and13
family therapist, or other health-care professional who is registered,14
certified, or licensed pursuant to title 12; C.R.S.;
who is subject to15
credentialing; and who practices, or intends to practice, in Colorado.16
SECTION 38. In Colorado Revised Statutes, 25-1-1202, amend17
(1)(k) as follows:18
25-1-1202. Index of statutory sections regarding medical19
record confidentiality and health information. (1) Statutory provisions20
concerning policies, procedures, and references to the release, sharing,21
and use of medical records and health information include the following:22
(k) Section 12-220-201, concerning disciplinary actions against23
dentists,
DENTAL THERAPISTS, and dental hygienists;24
SECTION 39. In Colorado Revised Statutes, amend 25.5-4-411
25
as follows:26
25.5-4-411. Authorization of services provided by dental27
219
-38- hygienists. (1) When dental hygiene services are provided to children by1
a licensed dental hygienist
OR DENTAL THERAPIST who is providing dental
2
hygiene services pursuant to section 12-220-503 without the supervision3
of a licensed dentist, the executive director of the state department shall4
authorize reimbursement for said services, subject to the requirements of5
this section. Payment for the services shall be made directly to the6
licensed dental hygienist
OR DENTAL THERAPIST, if requested by the
7
licensed dental hygienist
OR DENTAL THERAPIST; except that this section
8
shall DOES not apply to licensed dental hygienists OR DENTAL THERAPISTS9
when acting within the scope of their employment as salaried employees10
of public or private institutions, physicians, or dentists.11
(2) For each child provided dental hygiene services pursuant to12
this section, the dental hygienist
OR DENTAL THERAPIST shall attempt to
13
identify a dentist participating in medicaid for the child.14
SECTION 40. Appropriation. (1) For the 2022-23 state fiscal15
year, $14,786 is appropriated to the department of regulatory agencies.16
This appropriation is from the division of professions and occupations17
cash fund created in section 12-20-105 (3), C.R.S. To implement this act,18
the department may use this appropriation for the purchase of legal19
services.20
(2) For the 2022-23 state fiscal year, $14,786 is appropriated to21
the department of law. This appropriation is from reappropriated funds22
received from the department of regulatory agencies under subsection (1)23
of this section and is based on an assumption that the department of law24
will require an additional 0.1 FTE. To implement this act, the department25
of law may use this appropriation to provide legal services for the26
department of regulatory agencies.27
219
-39- SECTION 41. Act subject to petition - effective date -1
applicability. (1) This act takes effect January 1, 2023; except that, if a2
referendum petition is filed pursuant to section 1 (3) of article V of the3
state constitution against this act or an item, section, or part of this act4
within the ninety-day period after final adjournment of the general5
assembly, then the act, item, section, or part will not take effect unless6
approved by the people at the general election to be held in November7
2022 and, in such case, will take effect January 1, 2023, or on the date of8
the official declaration of the vote thereon by the governor, whichever is9
later.10
(2) This act applies to the practice of dental therapy on or after the11
applicable effective date of this act.12
219
-40-