Colorado 2022 Regular Session

Colorado Senate Bill SB219 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0229.01 Yelana Love x2295
1	8		SENATE BILL 22-219
2		-	BY SENATOR(S) Moreno and Smallwood, Fields, Jaquez Lewis, Lee;
3		-	also REPRESENTATIVE(S) Duran and McLachlan, Bernett, Cutter,
4		-	Hooton, Lindsay, Lontine, Ricks, Valdez A., Woodrow.
	9	+	Senate Committees House Committees
	10	+	Health & Human Services Finance
	11	+	Finance Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
5	14		C
6	15		ONCERNING THE REGULATION OF DENTAL THERAPISTS , AND, IN
7		-	CONNECTION THEREWITH
8		-	, MAKING AN APPROPRIATION.
9		-	Be it enacted by the General Assembly of the State of Colorado:
10		-	SECTION 1. Legislative declaration. (1) The general assembly
11		-	hereby finds and declares that:
12		-	(a) Access to affordable, quality, and equitable dental care and to
13		-	dental providers has been demonstrated to have a positive impact on
14		-	people's overall health outcomes and overall well-being;
15		-	(b) Although great strides have been made toward increasing access
16		-	to affordable dental care, not enough has been accomplished to address
17		-	oral-health-access issues across Colorado, particularly in the state's rural
18		-	areas, and for Coloradans who have historically and systematically faced
19		-	barriers to health care, including people of color and Coloradans with low
20		-	incomes;
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (c) According to the "Colorado Health Access Survey" (survey) by
29		-	the Colorado Health Institute, roughly one in five Coloradans report poor
30		-	oral health;
31		-	(d) In the survey, 400,000 Coloradans said that at some point in the
32		-	past year, they were unable to participate in regular daily activities like
33		-	school or work due to dental pain;
34		-	(e) Fifty-three of Colorado's 64 counties are designated as dental
35		-	professional shortage areas, with five counties without a single licensed
36		-	dentist;
37		-	(f) Dentist participation in Medicaid sits at 59.9%, but in 2018, only
38		-	28% of Colorado dentists served any Medicaid-enrolled patients;
39		-	(g) Adults in rural areas have almost twice the prevalence of tooth
40		-	loss when compared to urban adults;
41		-	(h) By kindergarten, 40% of children in Colorado already have
42		-	dental decay, and this rate increases for children living in low-income
43		-	communities. Dental health issues continue to be a leading cause of school
44		-	absenteeism for Colorado's kids.
45		-	(i) Research has shown that dental therapists practicing in other
46		-	states provide safe and high-quality care, assist in improving access to
47		-	dental care, and experience high patient acceptability;
48		-	(j) A long-term study of dental therapists in the country found that
49		-	dental therapists are improving access to care, resulting in both adults and
50		-	children getting more preventive care and keeping their natural teeth; and
51		-	(k) In order to ensure dental care is accessible for all Coloradans, it
52		-	is critical that the state establish a license for dental therapists to help close
53		-	the historic gaps and barriers that Coloradans face in accessing dental care.
54		-	SECTION 2. In Colorado Revised Statutes, amend 12-220-102 as
55		-	follows:
56		-	12-220-102. Legislative declaration. The practice of dentistry,
57		-	PAGE 2-SENATE BILL 22-219 DENTAL THERAPY, and dental hygiene in this state is declared to affect the
58		-	public health, safety, and welfare and to be subject to regulation and control
59		-	in the public interest. It is further declared to be a matter of public interest
60		-	and concern that the dental profession merit and receive the confidence of
61		-	the public and that only qualified dentists,
62		-	DENTAL THERAPISTS, and dental
63		-	hygienists be permitted to practice dentistry,
64		-	DENTAL THERAPY, or dental
65		-	hygiene in this state. It is the purpose of this article 220 to promote the
66		-	public health, safety, and welfare by regulating the practice of dentistry,
67		-	DENTAL THERAPY, and dental hygiene and to ensure that no one shall
68		-	practice PRACTICES dentistry, DENTAL THERAPY, or dental hygiene without
69		-	qualifying under this article 220. The provisions of this article 220 relating
70		-	to licensure by credentials are not intended to reduce competition or restrain
71		-	trade with respect to the oral health needs of the public. All provisions of
72		-	this article 220 relating to the practice of dentistry,
73		-	DENTAL THERAPY, and
74		-	dental hygiene shall be liberally construed to carry out these objects and
75		-	purposes.
76		-	SECTION 3. In Colorado Revised Statutes, 12-220-104, amend
77		-	(1), (3), (13), and (15); and add (5.5) as follows:
78		-	12-220-104. Definitions - rules. As used in this article 220, unless
79		-	the context otherwise requires:
80		-	(1) "Accredited" means a program that is nationally recognized for
	16	+	101
	17	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	On and after January 1, 2023, the bill prohibits a person from
	26	+	practicing dental therapy in the state unless licensed by the Colorado
	27	+	dental board (board). A licensed dental therapist is authorized to deliver
	28	+	routine and preventive dental care.
	29	+	A person who desires to qualify for practice as a dental therapist
	30	+	must file with the board a written application for a license, proof of
	31	+	HOUSE
	32	+	3rd Reading Unamended
	33	+	May 11, 2022
	34	+	HOUSE
	35	+	Amended 2nd Reading
	36	+	May 10, 2022
	37	+	SENATE
	38	+	3rd Reading Unamended
	39	+	May 2, 2022
	40	+	SENATE
	41	+	Amended 2nd Reading
	42	+	April 29, 2022
	43	+	SENATE SPONSORSHIP
	44	+	Moreno and Smallwood, Fields, Jaquez Lewis, Lee
	45	+	HOUSE SPONSORSHIP
	46	+	Duran and McLachlan, Bernett, Cutter, Hooton, Lindsay, Lontine, Ricks, Valdez A.,
	47	+	Woodrow
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	50	+	Dashes through the words indicate deletions from existing statute. graduation from a school of dental therapy or a dental therapy program
	51	+	that meets the requirements of the bill, and proof of completion of the
	52	+	examinations required for licensure as a dental hygienist.
	53	+	A dental therapist is allowed to practice only under the direct
	54	+	supervision of a licensed dentist until the dental therapist practices for
	55	+	1,000 hours.
	56	+	After reaching 1,000 hours, the dental therapist may practice under
	57	+	the indirect supervision of a licensed dentist pursuant to a written
	58	+	articulated plan. The articulated plan must include:
	59	+	! Methods of dentist supervision, consultation, and approval;
	60	+	! Protocols for informed consent, record keeping, quality
	61	+	assurance, and dispensing or administering medications;
	62	+	! Policies for handling referrals when a patient needs
	63	+	services the dental therapist is not authorized or qualified
	64	+	to provide;
	65	+	! Policies for handling medical emergencies; and
	66	+	! Policies for supervising dental assistants and working with
	67	+	dental hygienists and other dental practitioners and staff.
	68	+	A licensed dental therapist must maintain professional liability
	69	+	insurance in an amount not less than $500,000 per incident and $1.5
	70	+	million annual aggregate per year; except that this requirement is not
	71	+	applicable to a dental therapist who is a public employee under the
	72	+	"Colorado Governmental Immunity Act".
	73	+	A state institution of higher education offering an accredited dental
	74	+	therapy training program may grant advanced standing toward completion
	75	+	of an accredited dental therapy program if a student meets the conditions
	76	+	specified in the bill.
	77	+	Be it enacted by the General Assembly of the State of Colorado:1
	78	+	SECTION 1. Legislative declaration. (1) The general assembly2
	79	+	hereby finds and declares that:3
	80	+	(a) Access to affordable, quality, and equitable dental care and to4
	81	+	dental providers has been demonstrated to have a positive impact on5
	82	+	people's overall health outcomes and overall well-being;6
	83	+	(b) Although great strides have been made toward increasing7
	84	+	access to affordable dental care, not enough has been accomplished to8
	85	+	address oral-health-access issues across Colorado, particularly in the9
	86	+	state's rural areas, and for Coloradans who have historically and10
	87	+	219-2- systematically faced barriers to health care, including people of color and1
	88	+	Coloradans with low incomes;2
	89	+	(c) According to the "Colorado Health Access Survey" (survey)3
	90	+	by the Colorado Health Institute, roughly one in five Coloradans report4
	91	+	poor oral health;5
	92	+	(d) In the survey, 400,000 Coloradans said that at some point in6
	93	+	the past year, they were unable to participate in regular daily activities7
	94	+	like school or work due to dental pain;8
	95	+	(e) Fifty-three of Colorado's 64 counties are designated as dental9
	96	+	professional shortage areas, with five counties without a single licensed10
	97	+	dentist;11
	98	+	(f) Dentist participation in Medicaid sits at 59.9%, but in 2018,12
	99	+	only 28% of Colorado dentists served any Medicaid-enrolled patients;13
	100	+	(g) Adults in rural areas have almost twice the prevalence of tooth14
	101	+	loss when compared to urban adults;15
	102	+	(h) By kindergarten, 40% of children in Colorado already have16
	103	+	dental decay, and this rate increases for children living in low-income17
	104	+	communities. Dental health issues continue to be a leading cause of18
	105	+	school absenteeism for Colorado's kids.19
	106	+	(i) Research has shown that dental therapists practicing in other20
	107	+	states provide safe and high-quality care, assist in improving access to21
	108	+	dental care, and experience high patient acceptability;22
	109	+	(j) A long-term study of dental therapists in the country found that23
	110	+	dental therapists are improving access to care, resulting in both adults and24
	111	+	children getting more preventive care and keeping their natural teeth; and25
	112	+	(k) In order to ensure dental care is accessible for all Coloradans,26
	113	+	it is critical that the state establish a license for dental therapists to help27
	114	+	219
	115	+	-3- close the historic gaps and barriers that Coloradans face in accessing1
	116	+	dental care.2
	117	+	SECTION 2. In Colorado Revised Statutes, amend 12-220-1023
	118	+	as follows:4
	119	+	12-220-102. Legislative declaration. The practice of dentistry,5
	120	+	DENTAL THERAPY, and dental hygiene in this state is declared to affect the6
	121	+	public health, safety, and welfare and to be subject to regulation and7
	122	+	control in the public interest. It is further declared to be a matter of public8
	123	+	interest and concern that the dental profession merit and receive the9
	124	+	confidence of the public and that only qualified dentists,
	125	+	DENTAL10
	126	+	THERAPISTS, and dental hygienists be permitted to practice dentistry,11
	127	+	DENTAL THERAPY, or dental hygiene in this state. It is the purpose of this12
	128	+	article 220 to promote the public health, safety, and welfare by regulating13
	129	+	the practice of dentistry,
	130	+	DENTAL THERAPY, and dental hygiene and to14
	131	+	ensure that no one shall practice
	132	+	PRACTICES dentistry, DENTAL THERAPY,15
	133	+	or dental hygiene without qualifying under this article 220. The16
	134	+	provisions of this article 220 relating to licensure by credentials are not17
	135	+	intended to reduce competition or restrain trade with respect to the oral18
	136	+	health needs of the public. All provisions of this article 220 relating to the19
	137	+	practice of dentistry,
	138	+	DENTAL THERAPY, and dental hygiene shall be20
	139	+	liberally construed to carry out these objects and purposes.21
	140	+	SECTION 3. In Colorado Revised Statutes, 12-220-104, amend22
	141	+	(1), (3), (13), and (15); and add (5.5) as follows:23
	142	+	12-220-104. Definitions - rules. As used in this article 220, unless24
	143	+	the context otherwise requires:25
	144	+	(1) "Accredited" means a program that is nationally recognized for26
81	145		specialized accrediting for dental,
82		-	DENTAL THERAPY, dental hygiene, and
83		-	dental auxiliary programs by the United States department of education.
84		-	(3) "Dental assistant" means any person, other than a dentist,
85		-	DENTAL THERAPIST, or dental hygienist, licensed in Colorado, who may be
86		-	assigned or delegated to perform dental tasks or procedures as authorized
87		-	by this article 220 or by rules of the board.
	146	+	DENTAL THERAPY, dental hygiene, and27
	147	+	219
	148	+	-4- dental auxiliary programs by the United States department of education.1
	149	+	(3) "Dental assistant" means any person, other than a dentist,2
	150	+	DENTAL THERAPIST, or dental hygienist, licensed in Colorado, who may3
	151	+	be assigned or delegated to perform dental tasks or procedures as4
	152	+	authorized by this article 220 or by rules of the board.5
88	153		(5.5) "D
89		-	ENTAL THERAPY" MEANS THE DELIVERY OF DENTAL CARE AS
90		-	SPECIFIED IN SECTION
91		-	12-220-508 AND IN ACCORDANCE WITH THIS ARTICLE
92		-	220 AND RULES PROMULGATED BY THE BOARD .
93		-	(13) "Proprietor" includes any person who:
	154	+	ENTAL THERAPY" MEANS THE DELIVERY OF DENTAL CARE6
	155	+	AS SPECIFIED IN SECTION 12-220-507 AND IN ACCORDANCE WITH THIS7
	156	+	ARTICLE 220 AND RULES PROMULGATED BY THE BOARD .8
	157	+	(13) "Proprietor" includes any person who:9
94	158		(a) Employs dentists,
95		-	DENTAL THERAPISTS, dental hygienists, or
96		-	dental assistants in the operation of a dental office, except as provided in
97		-	~~PAGE 3-SENATE BILL 22-219~~ sections 12-220-305 and 12-220-501;
	159	+	DENTAL THERAPISTS, dental hygienists, or10
	160	+	dental assistants in the operation of a dental office, except as provided in11
	161	+	sections 12-220-305 and 12-220-501;12
98	162		(b) Places in possession of a dentist,
99		-	DENTAL THERAPIST, ~~dental~~
100		-	hygienist, dental assistant, or other agent dental material or ~~equipment that~~
101		-	may be necessary for the management of a dental office on the ~~basis of a~~
102		-	lease or any other agreement for compensation for the use of ~~the material,~~
103		-	equipment, or offices; or
104		-	(c) Retains the ownership or control of dental equipment ~~or material~~
105		-	or a dental office and makes the same available in any ~~manner for use by~~
106		-	dentists,
107		-	DENTAL THERAPISTS, dental hygienists, ~~dental assistants, or other~~
108		-	agents; except that nothing in this subsection (13)(c) ~~applies to bona fide~~
109		-	sales of dental equipment or material secured by ~~a chattel mortgage or~~
110		-	retain-title agreement or to the loan of articulators.
111		-	(15) "Telehealth supervision" means indirect supervision by a
	163	+	DENTAL THERAPIST, dental13
	164	+	hygienist, dental assistant, or other agent dental material or equipment14
	165	+	that may be necessary for the management of a dental office on the basis15
	166	+	of a lease or any other agreement for compensation for the use of the16
	167	+	material, equipment, or offices; or17
	168	+	(c) Retains the ownership or control of dental equipment or18
	169	+	material or a dental office and makes the same available in any manner19
	170	+	for use by dentists,
	171	+	DENTAL THERAPISTS, dental hygienists, dental20
	172	+	assistants, or other agents; except that nothing in this subsection (13)(c)21
	173	+	applies to bona fide sales of dental equipment or material secured by a22
	174	+	chattel mortgage or retain-title agreement or to the loan of articulators.23
	175	+	(15) "Telehealth supervision" means indirect supervision by a24
112	176		dentist of a
113		-	DENTAL THERAPIST OR dental hygienist performing a statutorily
114		-	authorized procedure using telecommunications systems.
115		-	SECTION 4. In Colorado Revised Statutes, add 12-220-407.2 and
116		-	12-220-407.5 as follows:
117		-	12-220-407.2. Application for dental therapist license - fee -
	177	+	DENTAL THERAPIST OR dental hygienist performing a25
	178	+	statutorily authorized procedure using telecommunications systems.26
	179	+	SECTION 4. In Colorado Revised Statutes, add 12-220-407.227
	180	+	219
	181	+	-5- and 12-220-407.5 as follows:1
	182	+	12-220-407.2. Application for dental therapist license - fee -2
118	183		rules. (1) E
119		-	FFECTIVE MAY ~~1, 2023, EVERY PERSON WHO DESIRES TO~~
120		-	~~QUALIFY FOR PRACTICE AS A DENTAL THERAPIST WITHIN THIS STATE MUST~~
121		-	~~FILE WITH THE BOARD~~
122		-	:
	184	+	FFECTIVE MAY
	185	+	1, 2023, EVERY PERSON WHO DESIRES TO3
	186	+	QUALIFY FOR PRACTICE AS A DENTAL THERAPIST WITHIN THIS STATE MUST4
	187	+	FILE WITH THE BOARD:5
123	188		(a) A
124		-	WRITTEN APPLICATION FOR A LICENSE, ON WHICH APPLICATION
125		-	THE APPLICANT MUST LIST
126		-	:
	189	+	WRITTEN APPLICATION FOR A LICENSE , ON WHICH6
	190	+	APPLICATION THE APPLICANT MUST LIST:7
127	191		(I) A
128		-	NY ACT OR OMISSION OF THE APPLICANT THAT WOULD BE
129		-	GROUNDS FOR DISCIPLINARY ACTION UNDER SECTION
130		-	12-220-201 AGAINST
131		-	A LICENSED DENTAL THERAPIST
132		-	; AND
133		-	(II) AN EXPLANATION OF THE CIRCUMSTANCES OF THE ACT OR
134		-	OMISSION
135		-	; AND
136		-	(b) SATISFACTORY PROOF THAT THE APPLICANT :
	192	+	NY ACT OR OMISSION OF THE APPLICANT THAT WOULD BE8
	193	+	GROUNDS FOR DISCIPLINARY ACTION UNDER SECTION 12-220-201 AGAINST9
	194	+	A LICENSED DENTAL THERAPIST; AND10
	195	+	(II) A
	196	+	N EXPLANATION OF THE CIRCUMSTANCES OF THE ACT OR11
	197	+	OMISSION; AND12
	198	+	(b) S
	199	+	ATISFACTORY PROOF THAT THE APPLICANT :13
137	200		(I) G
138		-	RADUATED FROM A SCHOOL OF DENTAL THERAPY THAT , AT THE
139		-	PAGE 4-SENATE BILL 22-219 TIME OF THE APPLICANT 'S GRADUATION, WAS ACCREDITED BY THE
140		-	AMERICAN DENTAL ASSOCIATION'S COMMISSION ON DENTAL
141		-	ACCREDITATION
142		-	, OR ITS SUCCESSOR ORGANIZATION; OR
143		-	(II) GRADUATED FROM A DENTAL THERAPY EDUCATION PROGRAM
144		-	DEVELOPED PRIOR TO
145		-	FEBRUARY 6, 2015, THAT, AT THE TIME OF THE
146		-	APPLICANT
147		-	'S GRADUATION, WAS ACCREDITED BY THE MINNESOTA BOARD OF
148		-	DENTISTRY OR CERTIFIED BY THE
149		-	ALASKA COMMUNITY HEALTH AIDE
150		-	PROGRAM CERTIFICATION BOARD
151		-	.
	201	+	RADUATED FROM A SCHOOL OF DENTAL THERAPY THAT , AT14
	202	+	THE TIME OF THE APPLICANT'S GRADUATION, WAS ACCREDITED BY THE15
	203	+	A
	204	+	MERICAN DENTAL ASSOCIATION'S COMMISSION ON DENTAL16
	205	+	ACCREDITATION, OR ITS SUCCESSOR ORGANIZATION; OR17
	206	+	(II) G
	207	+	RADUATED FROM A DENTAL THERAPY EDUCATION PROGRAM18
	208	+	DEVELOPED PRIOR TO FEBRUARY 6, 2015, THAT, AT THE TIME OF THE19
	209	+	APPLICANT'S GRADUATION, WAS ACCREDITED BY THE MINNESOTA BOARD20
	210	+	OF DENTISTRY OR CERTIFIED BY THE ALASKA COMMUNITY HEALTH AIDE21
	211	+	PROGRAM CERTIFICATION BOARD .22
152	212		(2) T
153		-	HE APPLICANT MUST APPLY FOR A DENTAL THERAPIST LICENSE
154		-	ON THE FORM PRESCRIBED AND FURNISHED BY THE BOARD
155		-	, MUST CERTIFY
156		-	THE APPLICATION UNDER PENALTY OF PERJURY
157		-	, AND MUST SUBMIT THE FEE
158		-	ESTABLISHED PURSUANT TO SECTION
159		-	12-20-105 WITH THE APPLICATION.
160		-	(3) A
161		-	N APPLICANT FOR LICENSURE WHO HAS NOT GRADUATED FROM
162		-	A SCHOOL DESCRIBED IN SUBSECTION
163		-	(1)(b) OF THIS SECTION WITHIN THE
164		-	TWELVE MONTHS IMMEDIATELY PRECEDING APPLICATION
165		-	, OR WHO HAS NOT
166		-	ENGAGED EITHER IN THE ACTIVE CLINICAL PRACTICE OF DENTAL THERAPY OR
167		-	IN TEACHING DENTAL THERAPY IN AN ACCREDITED PROGRAM FOR AT LEAST
168		-	ONE YEAR DURING THE FIVE YEARS IMMEDIATELY PRECEDING THE
169		-	APPLICATION
170		-	, MUST DEMONSTRATE TO THE BOARD THAT THE APPLICANT HAS
171		-	MAINTAINED THE PROFESSIONAL ABILITY AND KNOWLEDGE REQUIRED BY
172		-	THIS ARTICLE
173		-	220.
174		-	12-220-407.5. Dental therapist examinations - license. (1) E
175		-	VERY
176		-	APPLICANT FOR A DENTAL THERAPY LICENSE MUST SUBMIT TO THE BOARD
177		-	PROOF THAT THE APPLICANT SUCCESSFULLY COMPLETED A CLINICAL
178		-	EXAMINATION FOR DENTAL THERAPY THAT
179		-	:
	213	+	HE APPLICANT MUST APPLY FOR A DENTAL THERAPIST LICENSE23
	214	+	ON THE FORM PRESCRIBED AND FURNISHED BY THE BOARD , MUST CERTIFY
	215	+	24
	216	+	THE APPLICATION UNDER PENALTY OF PERJURY , AND MUST SUBMIT THE25
	217	+	FEE ESTABLISHED PURSUANT TO SECTION 12-20-105 WITH THE26
	218	+	APPLICATION.27
	219	+	219
	220	+	-6- (3) AN APPLICANT FOR LICENSURE WHO HAS NOT GRADUATED1
	221	+	FROM A SCHOOL DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION WITHIN2
	222	+	THE TWELVE MONTHS IMMEDIATELY PRECEDING APPLICATION , OR WHO3
	223	+	HAS NOT ENGAGED EITHER IN THE ACTIVE CLINICAL PRACTICE OF DENTAL4
	224	+	THERAPY OR IN TEACHING DENTAL THERAPY IN AN ACCREDITED PROGRAM5
	225	+	FOR AT LEAST ONE YEAR DURING THE FIVE YEARS IMMEDIATELY6
	226	+	PRECEDING THE APPLICATION, MUST DEMONSTRATE TO THE BOARD THAT7
	227	+	THE APPLICANT HAS MAINTAINED THE PROFESSIONAL ABILITY AND8
	228	+	KNOWLEDGE REQUIRED BY THIS ARTICLE 220.9
	229	+	12-220-407.5. Dental therapist examinations - license.10
	230	+	(1) E
	231	+	VERY APPLICANT FOR A DENTAL THERAPY LICENSE MUST SUBMIT TO11
	232	+	THE BOARD PROOF THAT THE APPLICANT SUCCESSFULLY COMPLETED A
	233	+	12
	234	+	CLINICAL EXAMINATION FOR DENTAL THERAPY THAT :13
180	235		(a) I
181	236		S DESIGNED TO TEST THE APPLICANT 'S CLINICAL DENTAL
182		-	~~THERAPY SKILLS AND KNOWLEDGE~~
183		-	;
	237	+	14
	238	+	THERAPY SKILLS AND KNOWLEDGE ;15
184	239		(b) I
185		-	NCLUDES DENTAL THERAPY RESTORATIVE AND DENTAL HYGIENE
186		-	CLINICAL SKILL EVALUATION
187		-	; AND
188		-	(c) IS ADMINISTERED BY A REGIONAL TESTING AGENCY COMPOSED
189		-	OF AT LEAST FOUR STATES OR AN EXAMINATION OF ANOTHER STATE
190		-	.
	240	+	NCLUDES DENTAL THERAPY RESTORATIVE AND DENTAL
	241	+	16
	242	+	HYGIENE CLINICAL SKILL EVALUATION ; AND17
	243	+	(c) I
	244	+	S ADMINISTERED BY A REGIONAL TESTING AGENCY COMPOSED
	245	+	18
	246	+	OF AT LEAST FOUR STATES OR AN EXAMINATION OF ANOTHER STATE .19
191	247		(2) A
192		-	LL EXAMINATION RESULTS REQUIRED BY THE BOARD MUST BE
193		-	PAGE 5-SENATE BILL 22-219 FILED WITH THE BOARD AND KEPT FOR REFERENCE FOR A PERIOD OF NOT LESS
194		-	THAN TWO YEARS
195		-	. IF AN APPLICANT SUCCESSFULLY COMPLETES THE
196		-	EXAMINATIONS AND IS OTHERWISE QUALIFIED
197		-	, THE BOARD SHALL GRANT A
198		-	LICENSE TO THE APPLICANT AND SHALL ISSUE A LICENSE CERTIFICATE SIGNED
199		-	BY THE OFFICERS OF THE BOARD
200		-	.
	248	+	LL EXAMINATION RESULTS REQUIRED BY THE BOARD MUST BE20
	249	+	FILED WITH THE BOARD AND KEPT FOR REFERENCE FOR A PERIOD OF NOT21
	250	+	LESS THAN TWO YEARS.
	251	+	IF AN APPLICANT SUCCESSFULLY COMPLETES THE22
	252	+	EXAMINATIONS AND IS OTHERWISE QUALIFIED , THE BOARD SHALL GRANT23
	253	+	A LICENSE TO THE APPLICANT AND SHALL ISSUE A LICENSE CERTIFICATE24
	254	+	SIGNED BY THE OFFICERS OF THE BOARD.25
201	255		(3) F
202	256		OR THE PURPOSE OF COMPLETING THE EXAMINATION
203		-	REQUIREMENT IN SUBSECTION
204		-	(1) OF THIS SECTION, IF THE APPLICANT HAS
205		-	PREVIOUSLY SUCCESSFULLY COMPLETED A CLINICAL EXAMINATION FOR
206		-	DENTAL HYGIENE ADMINISTERED BY A TESTING AGENCY ACCEPTED BY THE
207		-	BOARD
208		-	, THE APPLICANT MAY BE EXEMPTED FROM THAT PART OF THE DENTAL
209		-	THERAPY EXAMINATION
210		-	.
211		-	SECTION 5. In Colorado Revised Statutes, 12-220-501, amend
212		-	(1)(a)(I); and add (2.5) as follows:
213		-	12-220-501. Tasks authorized to be performed by dental
214		-	therapists, dental hygienists, or dental assistants - rules.
215		-	(1) (a) (I) Except as provided in subsection (1)(a)(II) of this section, the
216		-	responsibility for dental diagnosis, dental treatment planning, or the
217		-	prescription of therapeutic measures in the practice of dentistry remains
	257	+	26
	258	+	REQUIREMENT IN SUBSECTION (1) OF THIS SECTION, IF THE APPLICANT HAS27
	259	+	219
	260	+	-7- PREVIOUSLY SUCCESSFULLY COMPLETED A CLINICAL EXAMINATION FOR1
	261	+	DENTAL HYGIENE ADMINISTERED BY A TESTING AGENCY ACCEPTED BY THE2
	262	+	BOARD, THE APPLICANT MAY BE EXEMPTED FROM THAT PART OF THE3
	263	+	DENTAL THERAPY EXAMINATION .4
	264	+	SECTION 5. In Colorado Revised Statutes, 12-220-501, amend5
	265	+	(1)(a)(I); and add (2.5) as follows:6
	266	+	12-220-501. Tasks authorized to be performed by dental7
	267	+	therapists, dental hygienists, or dental assistants - rules.8
	268	+	(1) (a) (I) Except as provided in subsection (1)(a)(II) of this section, the9
	269	+	responsibility for dental diagnosis, dental treatment planning, or the10
	270	+	prescription of therapeutic measures in the practice of dentistry remains11
218	271		with a licensed dentist and may not be assigned to any
219		-	DENTAL THERAPIST
220		-	OR
221		-	dental hygienist.
	272	+	DENTAL THERAPIST12
	273	+	OR dental hygienist.13
222	274		(2.5) A
223		-	DENTAL THERAPIST MAY PERFORM A DENTAL TASK OR
224		-	PROCEDURE ASSIGNED TO THE DENTAL THERAPIST BY A LICENSED DENTIST
225		-	THAT DOES NOT REQUIRE THE PROFESSIONAL SKILL OF A LICENSED DENTIST
226		-	;
227		-	EXCEPT THAT THE DENTAL THERAPIST MAY PERFORM THE TASK OR
228		-	PROCEDURE ONLY UNDER THE SUPERVISION AUTHORIZED UNDER SECTION
229		-	12-220-508.
230		-	SECTION 6. In Colorado Revised Statutes, add 12-220-508 as
231		-	follows:
232		-	12-220-508. Practice of dental therapy supervision requirement
233		-	- rules. (1) (a) A
234		-	DENTAL THERAPIST MAY PERFORM THE FOLLOWING TASKS
235		-	AND PROCEDURES UNDER THE DIRECT SUPERVISION OF A LICENSED DENTIST
236		-	:
	275	+	DENTAL THERAPIST MAY PERFORM A DENTAL TASK OR14
	276	+	PROCEDURE ASSIGNED TO THE DENTAL THERAPIST BY A LICENSED DENTIST15
	277	+	THAT DOES NOT REQUIRE THE PROFESSIONAL SKILL OF A LICENSED16
	278	+	DENTIST; EXCEPT THAT THE DENTAL THERAPIST MAY PERFORM THE TASK
	279	+	17
	280	+	OR PROCEDURE ONLY UNDER THE SUPERVISION AUTHORIZED UNDER18
	281	+	SECTION 12-220-507.19
	282	+	SECTION 6. In Colorado Revised Statutes, add 12-220-507 as20
	283	+	follows:21
	284	+	12-220-507. Practice of dental therapy supervision22
	285	+	requirement - rules. (1) (a) A
	286	+	DENTAL THERAPIST MAY PERFORM THE
	287	+	23
	288	+	FOLLOWING TASKS AND PROCEDURES UNDER THE DIRECT SUPERVISION OF24
	289	+	A LICENSED DENTIST:25
237	290		(I) P
238	291		REPARE AND PLACE DIRECT RESTORATIONS IN PRIMARY AND
239		-	PERMANENT TEETH
240		-	;
241		-	PAGE 6-SENATE BILL 22-219 (II) PERFORM BRUSH BIOPSIES;
	292	+	26
	293	+	PERMANENT TEETH;27
	294	+	219
	295	+	-8- (II) PERFORM BRUSH BIOPSIES;1
242	296		(III) E
243	297		XTRACT PERIODONTALLY DISE ASED PERMANENT TEETH WITH
244		-	~~MOBILITY OF~~
245		-	+3 TO +4, EXCEPT FOR TEETH THAT ARE UNERUPTED ,
246		-	IMPACTED, FRACTURED, OR REQUIRE SECTIONING;
	298	+	2
	299	+	MOBILITY OF +3 TO +4, EXCEPT FOR TEETH THAT ARE UNERUPTED ,3
	300	+	IMPACTED, FRACTURED, OR REQUIRE SECTIONING;4
247	301		(IV) E
248	302		XTRACT PRIMARY TEETH THAT ARE ERUPTED OR NOT
249		-	~~IMPACTED WITH RADIOLOGICAL EVIDENCE OF ROOTS~~
250		-	;
	303	+	5
	304	+	IMPACTED WITH RADIOLOGICAL EVIDENCE OF ROOTS ;6
251	305		(V) O
252	306		RAL EXAMINATION AND EVALUATION FOR CONDITIONS AND
253		-	SERVICES THAT ARE WITHIN THE DENTAL THERAPIST
254		-	'S SCOPE OF PRACTICE
255		-	AND EDUCATION
256		-	;
	307	+	7
	308	+	SERVICES THAT ARE WITHIN THE DENTAL THERAPIST 'S SCOPE OF PRACTICE8
	309	+	AND EDUCATION;9
257	310		(VI) P
258	311		LACE TEMPORARY CROWNS ;
	312	+	10
259	313		(VII) P
260	314		REPARE AND PLACE PREFORMED CROWNS ; AND
261		-	(VIII) REPAIR DEFECTIVE PROSTHETIC DEVICES.
	315	+	11
	316	+	(VIII) R
	317	+	EPAIR DEFECTIVE PROSTHETIC DEVICES.
	318	+	12
262	319		(b) A
263		-	DENTAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE 220
	320	+	DENTAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE
	321	+	13
	322	+	220
264	323		WHO HAS COMPLETED ONE THOUS AND HOURS OR MORE UNDER DIRECT
265		-	SUPERVISION
266		-	, OR WHO HAS COMPLETED THE DIRECT SUPERVISION HOURS
267		-	REQUIRED UNDER THE WAIVER DESCRIBED IN SUBSECTION
268		-	(1)(e) OF THIS
269		-	SECTION
270		-	, MAY PRACTICE THE TASKS AND PROCEDURES IDENTIFIED IN
271		-	SUBSECTION
272		-	(1)(a) OF THIS SECTION UNDER THE INDIRECT SUPERVISION OF
273		-	A LICENSED DENTIST PURSUANT TO A WRITTEN ARTICULATED PLAN WITH THE
274		-	DENTIST THAT MEETS THE REQUIREMENTS OF SUBSECTION
275		-	(2) OF THIS
276		-	SECTION
277		-	.
	324	+	14
	325	+	SUPERVISION, OR WHO HAS COMPLETED THE DIRECT SUPERVISION HOURS15
	326	+	REQUIRED UNDER THE WAIVER DESCRIBED IN SUBSECTION (1)(e) OF THIS16
	327	+	SECTION, MAY PRACTICE THE TASKS AND PROCEDURES IDENTIFIED IN17
	328	+	SUBSECTION (1)(a) OF THIS SECTION UNDER THE INDIRECT SUPERVISION OF18
	329	+	A LICENSED DENTIST PURSUANT TO A WRITTEN ARTICULATED PLAN WITH19
	330	+	THE DENTIST THAT MEETS THE REQUIREMENTS OF SUBSECTION (2) OF THIS20
	331	+	SECTION.21
278	332		(c) A
279		-	DENTAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE ~~220~~
280		-	~~MAY PERFORM THE FOLLOWING TASKS UNDER THE INDIRECT SUPERVISION OF~~
281		-	~~A LICENSED DENTIST~~
282		-	~~, REGARDLESS OF~~ THE ~~NUMBER OF HOURS~~ THE ~~DENTAL~~
283		-	~~THERAPIST HAS PRACTICED~~
284		-	:
	333	+	DENTAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE
	334	+	22
	335	+	220
	336	+	MAY PERFORM THE FOLLOWING TASKS UNDER THE INDIRECT23
	337	+	SUPERVISION OF A LICENSED DENTIST, REGARDLESS OF THE NUMBER OF24
	338	+	HOURS THE DENTAL THERAPIST HAS PRACTICED :25
285	339		(I) R
286		-	EIMPLANTING TEETH;
	340	+	EIMPLANTING TEETH;26
287	341		(II) S
288		-	TABILIZING REIMPLANTED TEETH;
289		-	~~(III) E~~
290		-	~~XTRACTING~~ PRIMARY TEETH THAT ARE ERUPTED OR ~~NOT~~
291		-	IMPACTED WITHOUT RADIOLOGICAL EVIDENCE OF ROOTS
292		-	;
293		-	~~PAGE 7-SENATE BILL 22-219 (IV) REMOVING~~ SUTURES;
	342	+	TABILIZING REIMPLANTED TEETH;27
	343	+	219
	344	+	-9- (III) EXTRACTING PRIMARY TEETH THAT ARE ERUPTED OR NOT1
	345	+	IMPACTED WITHOUT RADIOLOGICAL EVIDENCE OF ROOTS ;2
	346	+	(IV) R
	347	+	EMOVING SUTURES;3
294	348		(V) P
295		-	REPARING DENTAL STUDY CASTS ;
	349	+	REPARING DENTAL STUDY CASTS ;4
296	350		(VI) A
297		-	DMINISTERING LOCAL ANESTHESIA IN ACCORDANCE WITH
298		-	SECTION
299		-	12-220-411;
	351	+	DMINISTERING LOCAL ANESTHESIA IN ACCORDANCE WITH5
	352	+	SECTION 12-220-411;6
300	353		(VII) D
301		-	ISPENSING AND ADMINISTERING THE FOLLOWING DRUGS
302		-	WITHIN THE PARAMETERS OF A WRI TTEN ARTICULATED PLAN AND WITH THE
303		-	AUTHORIZATION OF THE SUPERVISING DENTIST
304		-	: NONNARCOTIC ANALGESICS ,
305		-	ANTI-INFLAMMATORIES, AND ANTIBIOTICS; AND
306		-	(VIII) ANY TASK OR PROCEDURE AUTHORIZED TO BE PERFORMED BY
307		-	A LICENSED DENTAL HYGIENIST AS SPECIFIED IN RULES ADOPTED PURSUANT
308		-	TO SECTIONS
309		-	12-220-106 (1)(a)(I), 12-220-501, 12-220-503 (1), 12-220-504
	354	+	ISPENSING AND ADMINISTERING THE FOLLOWING DRUGS7
	355	+	WITHIN THE PARAMETERS OF A WRITTEN ARTICULATED PLAN AND WITH8
	356	+	THE AUTHORIZATION OF THE SUPERVISING DENTIST : NONNARCOTIC9
	357	+	ANALGESICS, ANTI-INFLAMMATORIES, AND ANTIBIOTICS; AND10
	358	+	(VIII) A
	359	+	NY TASK OR PROCEDURE AUTHORIZED TO BE PERFORMED11
	360	+	BY A LICENSED DENTAL HYGIENIST AS SPECIFIED IN RULES ADOPTED12
	361	+	PURSUANT TO SECTIONS 12-220-106 (1)(a)(I), 12-220-501, 12-220-50313
310	362		(1),
311		-	AND 12-220-505.
	363	+	12-220-504 (1), AND 12-220-505.
	364	+	14
312	365		(d) A
313		-	DENTAL THERAPIST SHALL COMPLETE AT LEAST A MAJORITY OF
314		-	THE DIRECT SUPERVISION HOURS REQUIRED UNDER SUBSECTION
315		-	(1)(b) OR
316		-	(1)(e) OF THIS SECTION PERFORMING THE TASKS AND PROCEDURES
317		-	IDENTIFIED IN SUBSECTION
318		-	(1)(a) OF THIS SECTION.
319		-	(e) F
320		-	OR THE PURPOSES OF SATISFYING THE PRACTICE HOURS
321		-	REQUIREMENT SPECIFIED IN SUBSECTION
322		-	(1)(a) OF THIS SECTION, THE BOARD,
323		-	BY RULE, MAY WAIVE UP TO SIX HUNDRED HOURS OF THE REQUIRED
324		-	PRACTICE HOURS
325		-	. IN PROMULGATING THESE RULES , THE BOARD SHALL, AT
326		-	A MINIMUM
327		-	, CONSIDER THE NUMBER OF YEARS THE DENTAL THERAPIST HAS
328		-	PRACTICED AS
329		-	:
	366	+	DENTAL THERAPIST SHALL COMPLETE AT LEAST A MAJORITY
	367	+	15
	368	+	OF THE DIRECT SUPERVISION HOURS REQUIRED UNDER SUBSECTION (1)(b)16
	369	+	OR (1)(e) PERFORMING THE TASKS AND PROCEDURES IDENTIFIED IN17
	370	+	SUBSECTION (1)(a) OF THIS SECTION.18
	371	+	(e) FOR THE PURPOSES OF SATISFYING THE PRACTICE HOURS19
	372	+	REQUIREMENT SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION, THE20
	373	+	BOARD, BY RULE, MAY WAIVE UP TO SIX HUNDRED HOURS OF THE21
	374	+	REQUIRED PRACTICE HOURS. IN PROMULGATING THESE RULES, THE BOARD22
	375	+	SHALL, AT A MINIMUM, CONSIDER THE NUMBER OF YEARS THE DENTAL23
	376	+	THERAPIST HAS PRACTICED AS:24
330	377		(I) A
331		-	LICENSED DENTAL HYGIENIST IN COLORADO;
	378	+	LICENSED DENTAL HYGIENIST IN COLORADO;25
332	379		(II) A
333		-	LICENSED DENTAL HYGIENIST IN ANOTHER STATE ; OR
334		-	(III) A ~~LICENSED DENTAL THERAPIST IN ANOTHER STATE .~~
335		-	~~(2) (a) A~~
336		-	~~N ARTICULATED PLAN BETWEEN A DENTAL THERAPIST AND~~
337		-	A ~~DENTIST MUST INCLUDE~~
338		-	:
	380	+	LICENSED DENTAL HYGIENIST IN ANOTHER STATE ; OR26
	381	+	(III) A
	382	+	LICENSED DENTAL THERAPIST IN ANOTHER STATE .27
	383	+	219
	384	+	-10- (2) (a) AN ARTICULATED PLAN BETWEEN A DENTAL THERAPIST AND1
	385	+	A DENTIST MUST INCLUDE:2
339	386		(I) M
340		-	ETHODS OF DENTIST SUPERVISION , CONSULTATION, AND
341		-	APPROVAL
342		-	;
343		-	PAGE 8-SENATE BILL 22-219 (II) PROTOCOLS FOR INFORMED CONSENT , RECORD KEEPING, QUALITY
344		-	ASSURANCE
345		-	, AND DISPENSING OR ADMINISTERING MEDICATIONS ;
	387	+	ETHODS OF DENTIST SUPERVISION , CONSULTATION, AND3
	388	+	APPROVAL;4
	389	+	(II) P
	390	+	ROTOCOLS FOR INFORMED CONSENT , RECORD KEEPING,5
	391	+	QUALITY ASSURANCE, AND DISPENSING OR ADMINISTERING MEDICATIONS ;6
346	392		(III) P
347		-	OLICIES FOR HANDLING REFERRALS WHEN A PATIENT NEEDS
348		-	SERVICES THE DENTAL THERAPIST IS NOT AUTHORIZED OR QUALIFIED TO
349		-	PROVIDE
350		-	;
	393	+	OLICIES FOR HANDLING REFERRALS WHEN A PATIENT NEEDS7
	394	+	SERVICES THE DENTAL THERAPIST IS NOT AUTHORIZED OR QUALIFIED TO8
	395	+	PROVIDE;9
351	396		(IV) P
352	397		ROTOCOLS FOR ASSESSMENT OF DENTAL DISEASE AND THE
353		-	FORMULATION OF AN INDIVIDUALIZED TREATMENT PLAN AUTHORIZED BY
354		-	THE SUPERVISING DENTIST
355		-	;
356		-	(V) P
357		-	OLICIES FOR HANDLING MEDICAL EMERGENCIES ; AND
358		-	(VI) POLICIES FOR SUPERVISING DENTAL ASSISTANTS AND WORKING
359		-	WITH DENTAL HYGIENISTS AND OTHER DENTAL PRACTITIONERS AND STAFF
360		-	.
	398	+	10
	399	+	FORMULATION OF AN INDIVIDUALIZED TREATMENT PLAN AUTHORIZED BY11
	400	+	THE SUPERVISING DENTIST;12
	401	+	(V) POLICIES FOR HANDLING MEDICAL EMERGENCIES ; AND13
	402	+	(VI) POLICIES FOR SUPERVISING DENTAL ASSISTANTS AND14
	403	+	WORKING WITH DENTAL HYGIENISTS AND OTHER DENTAL PRACTITIONERS15
	404	+	AND STAFF.16
361	405		(b) (I) A
362		-	DENTIST WHO ENTERS INTO A WRITTEN ARTICULATED PLAN
363		-	WITH A DENTAL THERAPIST SHALL ENSURE THAT THE DENTIST
364		-	, OR ANOTHER
365		-	DENTIST
366		-	, IS AVAILABLE TO THE DENTAL THERAPIST FOR TIMELY
367		-	COMMUNICATION DURING THE DENTAL THERAPIST
368		-	'S PROVISION OF CARE TO
369		-	A PATIENT
370		-	.
	406	+	DENTIST WHO ENTERS INTO A WRITTEN ARTICULATED
	407	+	17
	408	+	PLAN WITH A DENTAL THERAPIST SHALL ENSURE THAT THE DENTIST , OR18
	409	+	ANOTHER DENTIST, IS AVAILABLE TO THE DENTAL THERAPIST FOR TIMELY19
	410	+	COMMUNICATION DURING THE DENTAL THERAPIST 'S PROVISION OF CARE20
	411	+	TO A PATIENT.21
371	412		(II) A
372		-	DENTAL THERAPIST AND A DENTIST WHO ENTER INTO A
373		-	WRITTEN ARTICULATED PLAN SHALL EACH MAINTAIN A PHYSICAL OR DIGITAL
374		-	COPY OF THE PLAN
375		-	.
	413	+	DENTAL THERAPIST AND A DENTIST WHO ENTER INTO A22
	414	+	WRITTEN ARTICULATED PLAN SHALL EACH MAINTAIN A PHYSICAL OR23
	415	+	DIGITAL COPY OF THE PLAN.24
376	416		(III) A
377		-	DENTAL THERAPIST MAY ENTER INTO WRITTEN ARTICULATED
378		-	PLANS WITH MORE THAN ONE DENTIST IF EACH ARTICULATED PLAN INCLUDES
379		-	THE SAME SUPERVISION REQUIREMENTS AND SCOPE OF PRACTICE
380		-	.
	417	+	DENTAL THERAPIST MAY ENTER INTO WRITTEN25
	418	+	ARTICULATED PLANS WITH MORE THAN ONE DENTIST IF EACH26
	419	+	ARTICULATED PLAN INCLUDES THE SAME SUPERVISION REQUIREMENTS27
	420	+	219
	421	+	-11- AND SCOPE OF PRACTICE.1
381	422		(c) A
382		-	WRITTEN ARTICULATED PLAN MUST BE SIGNED BY THE ~~DENTIST~~
383		-	~~AND THE DENTAL THERAPIST~~
384		-	.
	423	+	WRITTEN ARTICULATED PLAN MUST BE SIGNED BY THE
	424	+	2
	425	+	DENTIST AND THE DENTAL THERAPIST .3
385	426		(d) F
386		-	OR PURPOSES OF THIS SECTION, A WRITTEN ARTICULATED PLAN
387		-	SATISFIES THE REQUIREMENT OF PRIOR KNOWLEDGE AND CONSENT FOR
388		-	INDIRECT SUPERVISION
389		-	.
390		-	(3) (a) E
391		-	XCEPT AS PROVIDED IN SUBSECTION (3)(b) OR (3)(c) OF THIS
392		-	SECTION
393		-	, A DENTIST MAY NOT SIMULTANEOUSLY SUPERVISE MORE THAN
394		-	THREE FULL
395		-	-TIME OR FULL-TIME EQUIVALENT DENTAL THERAPISTS .
396		-	PAGE 9-SENATE BILL 22-219 (b) A DENTIST MAY SUPERVISE AN ADDITIONAL TWO FULL -TIME OR
397		-	FULL
398		-	-TIME EQUIVALENT DENTAL THERAPISTS WHO PRACTICE IN A
399		-	FEDERALLY QUALIFIED HEALTH CENTER PURSUANT TO
400		-	42 U.S.C. SEC. 1395x
401		-	(aa)(4)
402		-	OR A RURAL HEALTH CLINIC PURSUANT TO 42 U.S.C. SEC. 1395x
403		-	(aa)(4).
404		-	(c) T
405		-	HE BOARD SHALL PROMULGATE RULES CREATING A PROCESS FOR
406		-	A DENTIST TO SEEK A WAIVER FROM THE SUPERVISION LIMIT SPECIFIED IN
407		-	SUBSECTION
408		-	(3)(a) OF THIS SECTION. AT A MINIMUM, THE RULES MUST
409		-	SPECIFY THE APPLICATION PROCESS AND WAIVER REQUIREMENTS
410		-	.
411		-	SECTION 7. In Colorado Revised Statutes, 12-220-105, amend
412		-	(1)(a) and (1)(c); and amend as amended by Senate Bill 22-013 (1)(b) as
413		-	follows:
414		-	12-220-105. Colorado dental board - qualifications of board
415		-	members - quorum - panel - rules - review of functions - repeal of
416		-	article - repeal. (1) (a) The Colorado dental board is hereby created as the
417		-	agency of this state for the regulation of the practice of dentistry,
418		-	DENTAL
419		-	THERAPY
420		-	, AND DENTAL HYGIENE in this state and to carry out the purposes
421		-	of this article 220. The board is subject to the supervision and control of the
422		-	division as provided by section 12-20-103 (2).
423		-	(b) (I) E
424		-	XCEPT AS PROVIDED IN SUBSECTION (1)(b)(II) OF THIS
425		-	SECTION
426		-	, the board consists of seven dentist members, three dental hygienist
427		-	members, and three members from the public at large. The governor shall
428		-	appoint each member for a term of four years, and each member must have
429		-	the qualifications provided in this article 220. A member shall not serve
430		-	more than two consecutive terms of four years. Each board member holds
431		-	office until the member's term expires or until the governor appoints a
432		-	successor. T
433		-	HIS SUBSECTION (1)(b)(I) IS REPEALED, EFFECTIVE DECEMBER
434		-	1, 2031.
435		-	(II) (A) E
436		-	FFECTIVE JULY 1, 2031, THE BOARD CONSISTS OF SEVEN
437		-	DENTIST MEMBERS
438		-	, TWO DENTAL THERAPIST MEMBERS , TWO DENTAL
439		-	HYGIENIST MEMBERS
440		-	, AND TWO MEMBERS FROM THE PUBLIC AT LARGE . THE
441		-	GOVERNOR SHALL APPOINT EACH MEMBER FOR A TERM OF FOUR YEARS
442		-	, AND
443		-	EACH MEMBER MUST HAVE THE QUALIFICATIONS PROVIDED IN THIS ARTICLE
444		-	220. A MEMBER SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS OF
445		-	FOUR YEARS
446		-	. EACH BOARD MEMBER HOLDS OFFICE UNTIL THE MEMBER 'S
447		-	PAGE 10-SENATE BILL 22-219 TERM EXPIRES OR UNTIL THE GOVERNOR APPOINTS A SUCCESSOR .
448		-	(B) A
449		-	MEMBER SERVING ON THE BOARD AS OF JUNE 30, 2031, MAY
450		-	SERVE THE MEMBER
451		-	'S FULL TERM.
452		-	(II)
453		-	(III) A person is qualified to be appointed to the board if the
454		-	person:
455		-	(A) Is a legal resident of Colorado;
456		-	(B) Is currently licensed as a dentist,
457		-	DENTAL THERAPIST, or dental
458		-	hygienist, if fulfilling that position on the board; and
459		-	(C) Has been actively engaged in a clinical practice in this state for
460		-	at least five years immediately preceding the appointment, if fulfilling the
461		-	position of dentist,
462		-	DENTAL THERAPIST, or dental hygienist on the board.
463		-	(c) (I) In making appointments to the board, the governor shall
464		-	attempt to create geographical, political, urban, and rural balance among the
465		-	board members. If a vacancy occurs in any board membership before the
466		-	expiration of the member's term, the governor shall fill the vacancy by
467		-	appointment for the remainder of the term in the same manner as in the case
468		-	of original appointments.
	427	+	OR PURPOSES OF THIS SECTION, A WRITTEN ARTICULATED
	428	+	4
	429	+	PLAN SATISFIES THE REQUIREMENT OF PRIOR KNOWLEDGE AND CONSENT5
	430	+	FOR INDIRECT SUPERVISION.6
	431	+	(3) (a) EXCEPT AS PROVIDED IN SUBSECTION (3)(b) OR (3)(c) OF7
	432	+	THIS SECTION, A DENTIST MAY NOT SIMULTANEOUSLY SUPERVISE MORE8
	433	+	THAN THREE FULL-TIME OR FULL-TIME EQUIVALENT DENTAL THERAPISTS .9
	434	+	(b) A DENTIST MAY SUPERVISE AN ADDITIONAL TWO FULL -TIME OR10
	435	+	FULL-TIME EQUIVALENT DENTAL THERAPISTS WHO PRACTICE IN A11
	436	+	FEDERALLY QUALIFIED HEALTH CENTER PURSUANT TO 42 U.S.C. SEC.12
	437	+	1395x (aa)(4)
	438	+	OR A RURAL HEALTH CLINIC PURSUANT TO 42 U.S.C. SEC.13
	439	+	1395x (aa)(4).14
	440	+	(c)
	441	+	THE BOARD SHALL PROMULGATE RULES CREATING A PROCESS15
	442	+	FOR A DENTIST TO SEEK A WAIVER FROM THE SUPERVISION LIMIT SPECIFIED16
	443	+	IN SUBSECTION (3)(a) OF THIS SECTION. AT A MINIMUM, THE RULES MUST17
	444	+	SPECIFY THE APPLICATION PROCESS AND WAIVER REQUIREMENTS .18
	445	+	19
	446	+	SECTION 7. In Colorado Revised Statutes, 12-220-105, amend20
	447	+	(1)(a) and (1)(c); and amend as amended by Senate Bill 22-013 (1)(b)21
	448	+	as follows:22
	449	+	12-220-105. Colorado dental board - qualifications of board23
	450	+	members - quorum - panel - rules - review of functions - repeal of24
	451	+	article - repeal. (1) (a) The Colorado dental board is hereby created as25
	452	+	the agency of this state for the regulation of the practice of dentistry,26
	453	+	DENTAL THERAPY, AND DENTAL HYGIENE in this state and to carry out the27
	454	+	219
	455	+	-12- purposes of this article 220. The board is subject to the supervision and1
	456	+	control of the division as provided by section 12-20-103 (2).2
	457	+	(b) (I) EXCEPT AS PROVIDED IN SUBSECTION (1)(b)(II) OF THIS3
	458	+	SECTION, the board consists of seven dentist members, three dental4
	459	+	hygienist members, and three members from the public at large. The5
	460	+	governor shall appoint each member for a term of four years, and each6
	461	+	member must have the qualifications provided in this article 220. A7
	462	+	member shall not serve more than two consecutive terms of four years.8
	463	+	Each board member holds office until the member's term expires or until9
	464	+	the governor appoints a successor. THIS SUBSECTION (1)(b)(I) IS10
	465	+	REPEALED, EFFECTIVE DECEMBER 1, 2031.11
	466	+	(II) (A) EFFECTIVE JULY 1, 2031, THE BOARD CONSISTS OF SEVEN12
	467	+	DENTIST MEMBERS, TWO DENTAL THERAPIST MEMBERS , TWO DENTAL13
	468	+	HYGIENIST MEMBERS, AND TWO MEMBERS FROM THE PUBLIC AT LARGE.14
	469	+	THE GOVERNOR SHALL APPOINT EACH MEMBER FOR A TERM OF FOUR15
	470	+	YEARS, AND EACH MEMBER MUST HAVE THE QUALIFICATIONS PROVIDED16
	471	+	IN THIS ARTICLE 220. A MEMBER SHALL NOT SERVE MORE THAN TWO17
	472	+	CONSECUTIVE TERMS OF FOUR YEARS. EACH BOARD MEMBER HOLDS18
	473	+	OFFICE UNTIL THE MEMBER'S TERM EXPIRES OR UNTIL THE GOVERNOR19
	474	+	APPOINTS A SUCCESSOR.20
	475	+	(B) A MEMBER SERVING ON THE BOARD AS OF JUNE 30, 2031, MAY21
	476	+	SERVE THE MEMBER'S FULL TERM.22
	477	+	(II) (III) A person is qualified to be appointed to the board if the23
	478	+	person:24
	479	+	(A) Is a legal resident of Colorado;25
	480	+	(B) Is currently licensed as a dentist, DENTAL THERAPIST, or dental26
	481	+	hygienist, if fulfilling that position on the board; and27
	482	+	219
	483	+	-13- (C) Has been actively engaged in a clinical practice in this state1
	484	+	for at least five years immediately preceding the appointment, if fulfilling2
	485	+	the position of dentist, DENTAL THERAPIST, or dental hygienist on the3
	486	+	board.4
	487	+	(c) (I) In making appointments to the board, the governor shall5
	488	+	attempt to create geographical, political, urban, and rural balance among6
	489	+	the board members. If a vacancy occurs in any board membership before7
	490	+	the expiration of the member's term, the governor shall fill the vacancy by8
	491	+	appointment for the remainder of the term in the same manner as in the9
	492	+	case of original appointments.10
469	493		(II) (A) I
470		-	N MAKING APPOINTMENTS OF DENTAL THERAPISTS TO THE
471		-	BOARD
472		-	, THE GOVERNOR SHALL APPOINT INDIVIDUALS WHO ARE DIVERSE
473		-	WITH REGARD TO RACE
474		-	, ETHNICITY, IMMIGRATION STATUS , INCOME,
475		-	WEALTH, AGE, ABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, AND
476		-	GEOGRAPHY
477		-	.
	494	+	N MAKING APPOINTMENTS OF DENTAL THERAPISTS TO THE11
	495	+	BOARD, THE GOVERNOR SHALL APPOINT INDIVIDUALS WHO ARE DIVERSE12
	496	+	WITH REGARD TO RACE , ETHNICITY, IMMIGRATION STATUS, INCOME,13
	497	+	WEALTH, AGE, ABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, AND14
	498	+	GEOGRAPHY.15
478	499		(B) I
479		-	N CONSIDERING THE RACIAL AND ETHNIC DIVERSITY OF THE
480		-	DENTAL THERAPISTS APPOINTED TO THE BOARD
481		-	, THE GOVERNOR SHALL
482		-	ATTEMPT TO ENSURE THAT AT LEAST ONE MEMBER IS A PERSON OF COLOR
483		-	.
	500	+	N CONSIDERING THE RACIAL AND ETHNIC DIVERSITY OF THE16
	501	+	DENTAL THERAPISTS APPOINTED TO THE BOARD , THE GOVERNOR SHALL17
	502	+	ATTEMPT TO ENSURE THAT AT LEAST ONE MEMBER IS A PERSON OF COLOR .18
484	503		(C) I
485		-	N CONSIDERING THE GEOGRAPHIC DIVERSITY OF THE DENTAL
486		-	THERAPISTS APPOINTED TO THE BOARD
487		-	, THE GOVERNOR SHALL ATTEMPT TO
488		-	APPOINT MEMBERS FROM BOTH RURAL AND URBAN AREAS OF THE STATE
489		-	.
490		-	SECTION 8. In Colorado Revised Statutes, 12-220-106, amend
491		-	(1)(a)(I) and (1)(f) as follows:
492		-	PAGE 11-SENATE BILL 22-219 12-220-106. Powers and duties of board - rules - limitation on
493		-	authority. (1) The board shall exercise, in accordance with this article 220,
494		-	the following powers and duties:
495		-	(a) Make, publish, declare, and periodically review reasonable rules
496		-	pursuant to section 12-20-204, including rules regarding:
	504	+	N CONSIDERING THE GEOGRAPHIC DIVERSITY OF THE DENTAL19
	505	+	THERAPISTS APPOINTED TO THE BOARD , THE GOVERNOR SHALL ATTEMPT20
	506	+	TO APPOINT MEMBERS FROM BOTH RURAL AND URBAN AREAS OF THE21
	507	+	STATE.22
	508	+	23
	509	+	SECTION 8. In Colorado Revised Statutes, 12-220-106, amend24
	510	+	(1)(a)(I) and (1)(f) as follows:25
	511	+	12-220-106. Powers and duties of board - rules - limitation on26
	512	+	authority. (1) The board shall exercise, in accordance with this article27
	513	+	219
	514	+	-14- 220, the following powers and duties:1
	515	+	(a) Make, publish, declare, and periodically review reasonable2
	516	+	rules pursuant to section 12-20-204, including rules regarding:3
497	517		(I) The use of lasers for dental,
498		-	DENTAL THERAPY, and ~~dental~~
499		-	hygiene purposes within defined scopes of practice, subject to ~~appropriate~~
500		-	education and training, and with appropriate supervision, as applicable;
501		-	(f) In accordance with section 12-220-411, issue anesthesia ~~and~~
	518	+	DENTAL THERAPY, and dental4
	519	+	hygiene purposes within defined scopes of practice, subject to appropriate5
	520	+	education and training, and with appropriate supervision, as applicable;6
	521	+	(f) In accordance with section 12-220-411, issue anesthesia and7
502	522		sedation permits to licensed dentists,
503		-	DENTAL THERAPISTS, and dental
504		-	hygienists and set and collect fees for permit issuance. except that the board
505		-	shall only collect fees for local anesthesia permits issued to dental
506		-	hygienists on or after July 1, 2014.
507		-	SECTION 9. In Colorado Revised Statutes, 12-220-201, amend
508		-	(1)(a), (1)(g), (1)(h), (1)(j)(I), (1)(j)(II), (1)(k), (1)(o), (1)(q), (1)(r), (1)(v)
509		-	introductory portion, (1)(v)(II), (1)(x), (1)(y)(IV), (1)(ee), (1)(ff), and
510		-	(1)(gg) as follows:
511		-	12-220-201. Grounds for disciplinary action - definition. (1) The
512		-	board may take disciplinary action against an applicant or licensee in
513		-	accordance with sections 12-20-404 and 12-220-202 for any of the
514		-	following causes:
515		-	(a) Engaging in fraud, misrepresentation, or deception in applying
516		-	for, securing, renewing, or seeking reinstatement of a license to practice
	523	+	DENTAL THERAPISTS, and dental8
	524	+	hygienists and set and collect fees for permit issuance. except that the
	525	+	9
	526	+	board shall only collect fees for local anesthesia permits issued to dental10
	527	+	hygienists on or after July 1, 2014.11
	528	+	SECTION 9. In Colorado Revised Statutes, 12-220-201, amend12
	529	+	(1)(a), (1)(g), (1)(h), (1)(j)(I), (1)(j)(II), (1)(k), (1)(o), (1)(q), (1)(r), (1)(v)13
	530	+	introductory portion, (1)(v)(II), (1)(x), (1)(y)(IV), (1)(ee), (1)(ff), and14
	531	+	(1)(gg) as follows:15
	532	+	12-220-201. Grounds for disciplinary action - definition.16
	533	+	(1) The board may take disciplinary action against an applicant or17
	534	+	licensee in accordance with sections 12-20-404 and 12-220-202 for any18
	535	+	of the following causes:19
	536	+	(a) Engaging in fraud, misrepresentation, or deception in applying20
	537	+	for, securing, renewing, or seeking reinstatement of a license to practice21
517	538		dentistry,
518		-	DENTAL THERAPY, or dental hygiene in this state, in applying ~~for~~
519		-	professional liability coverage required pursuant to section 12-220-307, or
520		-	in taking the examinations provided for in this article 220;
	539	+	DENTAL THERAPY, or dental hygiene in this state, in applying for22
	540	+	professional liability coverage required pursuant to section 12-220-307,23
	541	+	or in taking the examinations provided for in this article 220;24
521	542		(g) Aiding or abetting, in the practice of dentistry,
522		-	DENTAL THERAPY,
523		-	or dental hygiene, a person who is not licensed to practice dentistry,
524		-	DENTAL
525		-	THERAPY
526		-	, or dental hygiene under this article 220 or whose license to
	543	+	DENTAL25
	544	+	THERAPY, or dental hygiene, a person who is not licensed to practice26
	545	+	dentistry,
	546	+	DENTAL THERAPY, or dental hygiene under this article 220 or27
	547	+	219
	548	+	-15- whose license to practice dentistry, DENTAL THERAPY, or dental hygiene1
	549	+	is suspended;2
	550	+	(h) Except as otherwise provided in sections 12-220-304,3
	551	+	12-220-503 (4), and 25-3-103.7, practicing dentistry,
	552	+	DENTAL THERAPY,4
	553	+	or dental hygiene as a partner, agent, or employee of or in joint venture5
	554	+	with any person who does not hold a license to practice dentistry,
	555	+	DENTAL6
	556	+	THERAPY, or dental hygiene within this state or practicing dentistry,7
	557	+	DENTAL THERAPY, or dental hygiene as an employee of or in joint venture8
	558	+	with any partnership, association, or corporation. A licensee holding a9
	559	+	license to practice dentistry,
	560	+	DENTAL THERAPY, or dental hygiene in this10
	561	+	state may accept employment from any person, partnership, association,11
	562	+	or corporation to examine, prescribe, and treat the employees of the12
	563	+	person, partnership, association, or corporation.13
	564	+	(j) (I) Failing to notify the board, as required by section 12-30-10814
	565	+	(1), of a physical illness, physical condition, or behavioral health, mental15
	566	+	health, or substance use disorder that renders the licensee unable, or limits16
	567	+	the licensee's ability, to perform dental,
	568	+	DENTAL THERAPY, or dental17
	569	+	hygiene services with reasonable skill and with safety to the patient;18
	570	+	(II) Failing to act within the limitations created by a physical19
	571	+	illness, physical condition, or behavioral health, mental health, or20
	572	+	substance use disorder that renders the licensee unable to practice
	573	+	21
	574	+	PERFORM dental, DENTAL THERAPY, or dental hygiene services with22
	575	+	reasonable skill and safety or that may endanger the health or safety of23
	576	+	persons under his or her THE LICENSEE'S care; or24
	577	+	(k) Committing an act or omission that constitutes grossly25
	578	+	negligent dental,
	579	+	DENTAL THERAPY, or dental hygiene practice or that fails26
	580	+	to meet generally accepted standards of dental,
	581	+	DENTAL THERAPY, or27
	582	+	219
	583	+	-16- dental hygiene practice;1
	584	+	(o) False billing in the delivery of dental,
	585	+	DENTAL THERAPY, or2
	586	+	dental hygiene services, including but not limited to,
	587	+	performing one3
	588	+	service and billing for another, billing for any service not rendered, or4
	589	+	committing a fraudulent insurance act, as defined in section 10-1-128; 5
	590	+	(q) Failing to notify the board, in writing and within ninety days6
	591	+	after a judgment is entered, of a final judgment by a court of competent7
	592	+	jurisdiction in favor of any party and against the licensee involving8
	593	+	negligent malpractice of dentistry,
	594	+	DENTAL THERAPY, or dental hygiene,9
	595	+	which notice must contain the name of the court, the case number, and the10
	596	+	names of all parties to the action;11
	597	+	(r) Failing to report a dental,
	598	+	DENTAL THERAPY, or dental hygiene12
	599	+	malpractice judgment or malpractice settlement to the board by the13
	600	+	licensee within ninety days;14
	601	+	(v) Sharing any professional fees with anyone except those with15
	602	+	whom the dentist,
	603	+	DENTAL THERAPIST, or dental hygienist is lawfully16
	604	+	associated in the practice of dentistry,
	605	+	DENTAL THERAPY, or dental17
	606	+	hygiene; except that:18
	607	+	(II) Nothing in this section prohibits a dentist,
	608	+	DENTAL THERAPIST,19
	609	+	or dental hygienist practice owned or operated by a proprietor authorized20
	610	+	under section 12-220-303 from contracting with any person or entity for21
	611	+	business management services or paying a royalty in accordance with a22
	612	+	franchise agreement if the terms of the contract or franchise agreement do23
	613	+	not affect the exercise of the independent professional judgment of the24
	614	+	dentist,
	615	+	DENTAL THERAPIST, or dental hygienist.25
	616	+	(x) Failure of a
	617	+	DENTAL THERAPIST OR dental hygienist to26
	618	+	recommend that a patient be examined by a dentist or to refer a patient to27
	619	+	219
	620	+	-17- a dentist when the DENTAL THERAPIST OR dental hygienist detects a1
	621	+	condition that requires care beyond the scope of practicing
	622	+	DENTAL2
	623	+	THERAPY OR supervised or unsupervised dental hygiene;3
	624	+	(y) Engaging in any of the following activities and practices:4
	625	+	(IV) Ordering or performing, without clinical justification, any5
	626	+	service, X ray, or treatment that is contrary to recognized standards of the6
	627	+	practice of dentistry,
	628	+	DENTAL THERAPY, or dental hygiene, as interpreted7
	629	+	by the board;8
	630	+	(ee) Failing to provide adequate or proper supervision when
	631	+	9
	632	+	employing unlicensed persons in a dental or dental hygiene practice OF10
	633	+	UNLICENSED PERSONS IN DENTAL, DENTAL THERAPY, OR DENTAL HYGIENE11
	634	+	PRACTICE;12
	635	+	(ff) Engaging in any conduct that constitutes a crime as defined13
	636	+	in title 18, which conduct relates to the licensee's practice as a dentist,14
	637	+	DENTAL THERAPIST, or dental hygienist;15
	638	+	(gg) Practicing outside the scope of dental,
	639	+	DENTAL THERAPY, or16
	640	+	dental hygiene practice;17
	641	+	SECTION 10. In Colorado Revised Statutes, 12-220-202, amend18
	642	+	(1)(a)(II), (3) introductory portion, (4), and (5)(a) as follows:19
	643	+	12-220-202. Disciplinary actions - rules. (1) (a) If, after notice20
	644	+	and hearing conducted in accordance with article 4 of title 24 and section21
	645	+	12-20-403, the board determines that an applicant or licensee has engaged22
	646	+	in an act specified in section 12-220-201, the board may:23
	647	+	(II) Reprimand, censure, or, in accordance with section 12-20-40424
	648	+	(1)(b), place on probation any licensed dentist,
	649	+	DENTAL THERAPIST, or25
	650	+	dental hygienist;26
	651	+	(3) The board may include, in any disciplinary order that allows27
	652	+	219
	653	+	-18- a dentist, DENTAL THERAPIST, or dental hygienist to continue to practice,1
	654	+	conditions the board deems appropriate to assure that the dentist,
	655	+	DENTAL2
	656	+	THERAPIST, or dental hygienist is physically, mentally, and otherwise3
	657	+	qualified to practice dentistry,
	658	+	DENTAL THERAPY, or dental hygiene in4
	659	+	accordance with generally accepted professional standards of practice.5
	660	+	The order may include any or all of the following:6
	661	+	(4) The board may suspend the license of a dentist,
	662	+	DENTAL7
	663	+	THERAPIST, or dental hygienist who fails to comply with an order of the8
	664	+	board issued in accordance with this section. The board may impose the9
	665	+	license suspension until the licensee complies with the board's order.10
	666	+	(5) (a) In addition to any other penalty permitted under this article11
	667	+	220, when a licensed dentist,
	668	+	DENTAL THERAPIST, or dental hygienist12
	669	+	violates a provision of this article 220 or of any rule promulgated13
	670	+	pursuant to this article 220, the board may impose a fine on the licensee.14
	671	+	If the licensee is a dentist, the fine must not exceed five thousand dollars.15
	672	+	I
	673	+	F THE LICENSEE IS A DENTAL THERAPIST, THE FINE MUST NOT EXCEED16
	674	+	FOUR THOUSAND DOLLARS . If the licensee is a dental hygienist, the fine17
	675	+	must not exceed three thousand dollars.18
	676	+	SECTION 11. In Colorado Revised Statutes, 12-220-203, amend19
	677	+	(1)(a) as follows:20
	678	+	12-220-203. Disciplinary proceedings. (1) (a) Any person may21
	679	+	submit a complaint relating to the conduct of a dentist,
	680	+	DENTAL22
	681	+	THERAPIST, or dental hygienist, which complaint must be in writing and23
	682	+	signed by the person. The board, on its own motion, may initiate a24
	683	+	complaint. The board shall notify the dentist,
	684	+	DENTAL THERAPIST, or25
	685	+	dental hygienist of the complaint against the dentist,
	686	+	DENTAL THERAPIST,26
	687	+	or dental hygienist.27
	688	+	219
	689	+	-19- SECTION 12. In Colorado Revised Statutes, 12-220-206, amend1
	690	+	(1) and (2) introductory portion as follows:2
	691	+	12-220-206. Mental and physical examinations. (1) (a) If the3
	692	+	board has reasonable cause to believe that a person licensed to practice4
	693	+	dentistry,
	694	+	DENTAL THERAPY, or dental hygiene in this state is unable to5
527	695		practice dentistry,
528		-	DENTAL THERAPY, or dental hygiene is suspended;
529		-	(h) Except as otherwise provided in sections 12-220-304,
530		-	12-220-503 (4), and 25-3-103.7, practicing dentistry,
531		-	DENTAL THERAPY, or
532		-	PAGE 12-SENATE BILL 22-219 dental hygiene as a partner, agent, or employee of or in joint venture with
533		-	any person who does not hold a license to practice dentistry,
534		-	DENTAL
535		-	THERAPY
536		-	, or dental hygiene within this state or practicing dentistry, DENTAL
537		-	THERAPY
538		-	, or dental hygiene as an employee of or in joint venture with any
539		-	partnership, association, or corporation. A licensee holding a license to
	696	+	DENTAL THERAPY, or dental hygiene with reasonable6
	697	+	skill and safety to patients because of a physical or mental disability or7
	698	+	because of excessive use of alcohol, a habit-forming drug or substance,8
	699	+	or a controlled substance, as defined in section 18-18-102 (5), the board9
	700	+	may require the licensed dentist,
	701	+	DENTAL THERAPIST, or dental hygienist10
	702	+	to submit to a mental or physical examination by a qualified professional11
	703	+	designated by the board.12
	704	+	(b) Upon the failure of the licensed dentist,
	705	+	DENTAL THERAPIST,13
	706	+	or dental hygienist to submit to a mental or physical examination required14
	707	+	by the board, unless the failure is due to circumstances beyond the15
	708	+	dentist's,
	709	+	DENTAL THERAPIST'S, or dental hygienist's control, the board16
	710	+	may suspend the dentist's,
	711	+	DENTAL THERAPIST'S, or dental hygienist's17
	712	+	license to practice dentistry,
	713	+	DENTAL THERAPY, or dental hygiene in this18
	714	+	state until the dentist,
	715	+	DENTAL THERAPIST, or dental hygienist submits to19
	716	+	the examination.20
	717	+	(2) Every person licensed to practice dentistry,
	718	+	DENTAL THERAPY,21
	719	+	or dental hygiene in this state is deemed, by so practicing or by applying22
	720	+	for a renewal of the person's license to practice dentistry,
	721	+	DENTAL23
	722	+	THERAPY, or dental hygiene in this state, to have:24
	723	+	SECTION 13. In Colorado Revised Statutes, 12-220-208, amend25
	724	+	(2) as follows:26
	725	+	12-220-208. Review of board action. (2) The provisions of this27
	726	+	219
	727	+	-20- section apply to a license issued to a dentist, DENTAL THERAPIST, or dental1
	728	+	hygienist.2
	729	+	SECTION 14. In Colorado Revised Statutes, 12-220-210, amend3
	730	+	(1)(a)(I), (2) introductory portion, and (2)(a) as follows:4
	731	+	12-220-210. Use or sale of forged or invalid diploma, license,5
	732	+	license renewal certificate, or identification. (1) (a) It is unlawful for6
	733	+	any person to use or attempt to use:7
	734	+	(I) As the person's own, a diploma from a dental college or school8
	735	+	or school of
	736	+	DENTAL THERAPY OR dental hygiene, or a license or license9
	737	+	renewal certificate, that was issued or granted to another person; or10
	738	+	(2) It is unlawful to sell or offer to sell a diploma conferring a11
	739	+	dental,
	740	+	DENTAL THERAPY, or dental hygiene degree or a license or license12
	741	+	renewal certificate granted pursuant to this article 220 or prior dental13
	742	+	practice laws, or to procure such diploma or license or license renewal14
	743	+	certificate:15
	744	+	(a) With the intent that it be used as evidence of the right to16
540	745		practice dentistry,
541		-	DENTAL THERAPY, or dental hygiene in this state may
542		-	accept employment from any person, partnership, association, or
543		-	corporation to examine, prescribe, and treat the employees of the person,
544		-	partnership, association, or corporation.
545		-	(j) (I) Failing to notify the board, as required by section 12-30-108
546		-	(1), of a physical illness, physical condition, or behavioral health, mental
547		-	health, or substance use disorder that renders the licensee unable, or limits
548		-	the licensee's ability, to perform dental,
549		-	DENTAL THERAPY, or dental hygiene
550		-	services with reasonable skill and with safety to the patient;
551		-	(II) Failing to act within the limitations created by a physical illness,
552		-	physical condition, or behavioral health, mental health, or substance use
553		-	disorder that renders the licensee unable to practice
554		-	PERFORM dental,
555		-	DENTAL THERAPY, or dental hygiene services with reasonable skill and
556		-	safety or that may endanger the health or safety of persons under his or her
557		-	THE LICENSEE'S care; or
558		-	(k) Committing an act or omission that constitutes grossly negligent
559		-	dental,
560		-	DENTAL THERAPY, or dental hygiene practice or that fails to meet
561		-	generally accepted standards of dental,
562		-	DENTAL THERAPY, or dental hygiene
563		-	practice;
564		-	(o) False billing in the delivery of dental,
565		-	DENTAL THERAPY, or
566		-	dental hygiene services, including but not limited to,
567		-	performing one service
568		-	and billing for another, billing for any service not rendered, or committing
569		-	a fraudulent insurance act, as defined in section 10-1-128;
570		-	(q) Failing to notify the board, in writing and within ninety days
571		-	after a judgment is entered, of a final judgment by a court of competent
572		-	jurisdiction in favor of any party and against the licensee involving
573		-	negligent malpractice of dentistry,
574		-	DENTAL THERAPY, or dental hygiene,
575		-	which notice must contain the name of the court, the case number, and the
576		-	names of all parties to the action;
577		-	PAGE 13-SENATE BILL 22-219 (r) Failing to report a dental, DENTAL THERAPY, or dental hygiene
578		-	malpractice judgment or malpractice settlement to the board by the licensee
579		-	within ninety days;
580		-	(v) Sharing any professional fees with anyone except those with
581		-	whom the dentist,
582		-	DENTAL THERAPIST, or dental hygienist is lawfully
583		-	associated in the practice of dentistry,
584		-	DENTAL THERAPY, or dental hygiene;
585		-	except that:
586		-	(II) Nothing in this section prohibits a dentist,
587		-	DENTAL THERAPIST,
588		-	or dental hygienist practice owned or operated by a proprietor authorized
589		-	under section 12-220-303 from contracting with any person or entity for
590		-	business management services or paying a royalty in accordance with a
591		-	franchise agreement if the terms of the contract or franchise agreement do
592		-	not affect the exercise of the independent professional judgment of the
593		-	dentist,
594		-	DENTAL THERAPIST, or dental hygienist.
595		-	(x) Failure of a
596		-	DENTAL THERAPIST OR dental hygienist to
597		-	recommend that a patient be examined by a dentist or to refer a patient to
598		-	a dentist when the
599		-	DENTAL THERAPIST OR dental hygienist detects a
600		-	condition that requires care beyond the scope of practicing
601		-	DENTAL
602		-	THERAPY OR
603		-	supervised or unsupervised dental hygiene;
604		-	(y) Engaging in any of the following activities and practices:
605		-	(IV) Ordering or performing, without clinical justification, any
606		-	service, X ray, or treatment that is contrary to recognized standards of the
607		-	practice of dentistry,
608		-	DENTAL THERAPY, or dental hygiene, as interpreted by
609		-	the board;
610		-	(ee) Failing to provide adequate or proper supervision when
611		-	employing unlicensed persons in a dental or dental hygiene practice OF
612		-	UNLICENSED PERSONS IN DENTAL
613		-	, DENTAL THERAPY, OR DENTAL HYGIENE
614		-	PRACTICE
615		-	;
616		-	(ff) Engaging in any conduct that constitutes a crime as defined in
617		-	title 18, which conduct relates to the licensee's practice as a dentist,
618		-	DENTAL
619		-	THERAPIST
620		-	, or dental hygienist;
621		-	(gg) Practicing outside the scope of dental,
622		-	DENTAL THERAPY, or
623		-	PAGE 14-SENATE BILL 22-219 dental hygiene practice;
624		-	SECTION 10. In Colorado Revised Statutes, 12-220-202, amend
625		-	(1)(a)(II), (3) introductory portion, (4), and (5)(a) as follows:
626		-	12-220-202. Disciplinary actions - rules. (1) (a) If, after notice and
627		-	hearing conducted in accordance with article 4 of title 24 and section
628		-	12-20-403, the board determines that an applicant or licensee has engaged
629		-	in an act specified in section 12-220-201, the board may:
630		-	(II) Reprimand, censure, or, in accordance with section 12-20-404
631		-	(1)(b), place on probation any licensed dentist,
632		-	DENTAL THERAPIST, or dental
633		-	hygienist;
634		-	(3) The board may include, in any disciplinary order that allows a
635		-	dentist,
636		-	DENTAL THERAPIST, or dental hygienist to continue to practice,
637		-	conditions the board deems appropriate to assure that the dentist,
638		-	DENTAL
639		-	THERAPIST
640		-	, or dental hygienist is physically, mentally, and otherwise
641		-	qualified to practice dentistry,
642		-	DENTAL THERAPY, or dental hygiene in
643		-	accordance with generally accepted professional standards of practice. The
644		-	order may include any or all of the following:
645		-	(4) The board may suspend the license of a dentist,
646		-	DENTAL
647		-	THERAPIST
648		-	, or dental hygienist who fails to comply with an order of the
649		-	board issued in accordance with this section. The board may impose the
650		-	license suspension until the licensee complies with the board's order.
651		-	(5) (a) In addition to any other penalty permitted under this article
652		-	220, when a licensed dentist,
653		-	DENTAL THERAPIST, or dental hygienist
654		-	violates a provision of this article 220 or of any rule promulgated pursuant
655		-	to this article 220, the board may impose a fine on the licensee. If the
656		-	licensee is a dentist, the fine must not exceed five thousand dollars. I
657		-	F THE
658		-	LICENSEE IS A DENTAL THERAPIST
659		-	, THE FINE MUST NOT EXCEED FOUR
660		-	THOUSAND DOLLARS
661		-	. If the licensee is a dental hygienist, the fine must not
662		-	exceed three thousand dollars.
663		-	SECTION 11. In Colorado Revised Statutes, 12-220-203, amend
664		-	(1)(a) as follows:
665		-	12-220-203. Disciplinary proceedings. (1) (a) Any person may
666		-	PAGE 15-SENATE BILL 22-219 submit a complaint relating to the conduct of a dentist, DENTAL THERAPIST,
667		-	or dental hygienist, which complaint must be in writing and signed by the
668		-	person. The board, on its own motion, may initiate a complaint. The board
669		-	shall notify the dentist,
670		-	DENTAL THERAPIST, or dental hygienist of the
671		-	complaint against the dentist,
672		-	DENTAL THERAPIST, or dental hygienist.
673		-	SECTION 12. In Colorado Revised Statutes, 12-220-206, amend
674		-	(1) and (2) introductory portion as follows:
675		-	12-220-206. Mental and physical examinations. (1) (a) If the
676		-	board has reasonable cause to believe that a person licensed to practice
	746	+	DENTAL THERAPY, or dental hygiene by a person other17
	747	+	than the one upon whom it was conferred or to whom the license or18
	748	+	license renewal certificate was granted; or19
	749	+	SECTION 15. In Colorado Revised Statutes, amend 12-220-21120
	750	+	as follows:21
	751	+	12-220-211. Unauthorized practice - penalties. Any person who22
	752	+	practices or offers or attempts to practice dentistry,
	753	+	DENTAL THERAPY, or23
	754	+	dental hygiene without an active license issued under this article 220 is24
	755	+	subject to penalties pursuant to section 12-20-407 (1)(a).25
	756	+	SECTION 16. In Colorado Revised Statutes, 12-220-301, amend26
	757	+	(1) introductory portion and (1)(a) as follows:27
	758	+	219
	759	+	-21- 12-220-301. Persons entitled to practice dentistry, dental1
	760	+	therapy, or dental hygiene. (1) It is unlawful for any person to practice2
677	761		dentistry,
678		-	DENTAL THERAPY, or dental hygiene in this state is unable to
679		-	practice dentistry,
680		-	DENTAL THERAPY, or dental hygiene with reasonable skill
681		-	and safety to patients because of a physical or mental disability or because
682		-	of excessive use of alcohol, a habit-forming drug or substance, or a
683		-	controlled substance, as defined in section 18-18-102 (5), the board may
684		-	require the licensed dentist,
685		-	DENTAL THERAPIST, or dental hygienist to
686		-	submit to a mental or physical examination by a qualified professional
687		-	designated by the board.
688		-	(b) Upon the failure of the licensed dentist,
689		-	DENTAL THERAPIST, or
690		-	dental hygienist to submit to a mental or physical examination required by
691		-	the board, unless the failure is due to circumstances beyond the dentist's,
692		-	DENTAL THERAPIST'S, or dental hygienist's control, the board may suspend
693		-	the dentist's,
694		-	DENTAL THERAPIST'S, or dental hygienist's license to practice
695		-	dentistry,
696		-	DENTAL THERAPY, or dental hygiene in this state until the dentist,
697		-	DENTAL THERAPIST, or dental hygienist submits to the examination.
698		-	(2) Every person licensed to practice dentistry,
699		-	DENTAL THERAPY,
700		-	or dental hygiene in this state is deemed, by so practicing or by applying for
701		-	a renewal of the person's license to practice dentistry,
702		-	DENTAL THERAPY, or
703		-	dental hygiene in this state, to have:
704		-	SECTION 13. In Colorado Revised Statutes, 12-220-208, amend
705		-	(2) as follows:
706		-	12-220-208. Review of board action. (2) The provisions of this
707		-	section apply to a license issued to a dentist,
708		-	DENTAL THERAPIST, or dental
709		-	hygienist.
710		-	PAGE 16-SENATE BILL 22-219 SECTION 14. In Colorado Revised Statutes, 12-220-210, amend
711		-	(1)(a)(I), (2) introductory portion, and (2)(a) as follows:
712		-	12-220-210. Use or sale of forged or invalid diploma, license,
713		-	license renewal certificate, or identification. (1) (a) It is unlawful for any
714		-	person to use or attempt to use:
715		-	(I) As the person's own, a diploma from a dental college or school
716		-	or school of
717		-	DENTAL THERAPY OR dental hygiene, or a license or license
718		-	renewal certificate, that was issued or granted to another person; or
719		-	(2) It is unlawful to sell or offer to sell a diploma conferring a
720		-	dental,
721		-	DENTAL THERAPY, or dental hygiene degree or a license or license
722		-	renewal certificate granted pursuant to this article 220 or prior dental
723		-	practice laws, or to procure such diploma or license or license renewal
724		-	certificate:
725		-	(a) With the intent that it be used as evidence of the right to practice
726		-	dentistry,
727		-	DENTAL THERAPY, or dental hygiene by a person other than the
728		-	one upon whom it was conferred or to whom the license or license renewal
729		-	certificate was granted; or
730		-	SECTION 15. In Colorado Revised Statutes, amend 12-220-211
731		-	as follows:
732		-	12-220-211. Unauthorized practice - penalties. Any person who
733		-	practices or offers or attempts to practice dentistry,
734		-	DENTAL THERAPY, or
735		-	dental hygiene without an active license issued under this article 220 is
736		-	subject to penalties pursuant to section 12-20-407 (1)(a).
737		-	SECTION 16. In Colorado Revised Statutes, 12-220-301, amend
738		-	(1) introductory portion and (1)(a) as follows:
739		-	12-220-301. Persons entitled to practice dentistry, dental
740		-	therapy, or dental hygiene. (1) It is unlawful for any person to practice
741		-	dentistry,
742		-	DENTAL THERAPY, or dental hygiene in this state except those:
	762	+	DENTAL THERAPY, or dental hygiene in this state except those:3
743	763		(a) Who are duly licensed as dentists,
744		-	DENTAL THERAPISTS, ~~or dental~~
745		-	hygienists pursuant to this article 220;
746		-	~~PAGE 17-SENATE BILL 22-219~~ SECTION 17. In Colorado Revised Statutes, 12-220-302, ~~amend~~
747		-	(1)(c), (1)(e), (1)(f), (1)(i), and (1)(j) as follows:
748		-	12-220-302. Persons exempt from operation of this article.
749		-	(1) This article 220 does not apply to the following practices, acts, ~~and~~
750		-	operations:
	764	+	DENTAL THERAPISTS, or4
	765	+	dental hygienists pursuant to this article 220;5
	766	+	SECTION 17. In Colorado Revised Statutes, 12-220-302, amend6
	767	+	(1)(c), (1)(e), (1)(f), (1)(i), and (1)(j) as follows:7
	768	+	12-220-302. Persons exempt from operation of this article.8
	769	+	(1) This article 220 does not apply to the following practices, acts, and9
	770	+	operations:10
751	771		(c) The practice of dentistry,
752		-	DENTAL THERAPY, or dental hygiene in
753		-	the discharge of their official duties by graduate dentists, or
754		-	dental surgeons,
755		-	DENTAL THERAPISTS, or dental hygienists in the United States armed forces,
756		-	public health service, Coast Guard, or veterans administration;
	772	+	DENTAL THERAPY, or dental hygiene11
	773	+	in the discharge of their official duties by graduate dentists, or
	774	+	dental12
	775	+	surgeons,
	776	+	DENTAL THERAPISTS, or dental hygienists in the United States13
	777	+	armed forces, public health service, Coast Guard, or veterans14
	778	+	administration;15
757	779		(e) The practice of
758		-	DENTAL THERAPY OR dental hygiene by
759		-	instructors and students or the practice of dentistry by students or residents
760		-	in schools or colleges of dentistry, schools of
761		-	DENTAL THERAPY, SCHOOLS
762		-	OF
763		-	dental hygiene, or schools of dental assistant education while the
764		-	instructors, students, or residents are participating in accredited programs
765		-	of the schools or colleges;
	780	+	DENTAL THERAPY OR dental hygiene by16
	781	+	instructors and students or the practice of dentistry by students or17
	782	+	residents in schools or colleges of dentistry, schools of
	783	+	DENTAL THERAPY,18
	784	+	SCHOOLS OF dental hygiene, or schools of dental assistant education while19
	785	+	the instructors, students, or residents are participating in accredited20
	786	+	programs of the schools or colleges;21
766	787		(f) The practice of dentistry,
767		-	DENTAL THERAPY, or dental hygiene by
	788	+	DENTAL THERAPY, or dental hygiene22
	789	+	by dentists,
	790	+	DENTAL THERAPISTS, or dental hygienists licensed in good23
	791	+	standing by other states or countries while appearing in programs of24
	792	+	dental education or research at the invitation of any group of licensed25
768	793		dentists,
769		-	DENTAL THERAPISTS, or dental hygienists licensed in good standing
770		-	by other states or countries while appearing in programs of dental education
771		-	or research at the invitation of any group of licensed dentists,
772		-	DENTAL
773		-	THERAPISTS
774		-	, or dental hygienists in this state who are in good standing, so
775		-	long as the practice is limited to five consecutive days in a twelve-month
776		-	period and the name of each person engaging in the practice is submitted to
777		-	the board, in writing and on a form approved by the board, at least ten days
778		-	before the person performs the practice;
	794	+	DENTAL THERAPISTS, or dental hygienists in this state who are in26
	795	+	good standing, so long as the practice is limited to five consecutive days27
	796	+	219
	797	+	-22- in a twelve-month period and the name of each person engaging in the1
	798	+	practice is submitted to the board, in writing and on a form approved by2
	799	+	the board, at least ten days before the person performs the practice;3
779	800		(i) The practicing of dentistry,
780		-	DENTAL THERAPY, or ~~dental hygiene~~
781		-	by an examiner representing a testing agency approved by ~~the board, during~~
782		-	the administration of an examination; or
	801	+	DENTAL THERAPY, or dental4
	802	+	hygiene by an examiner representing a testing agency approved by the5
	803	+	board, during the administration of an examination; or6
783	804		(j) The practice of dentistry,
784		-	DENTAL THERAPY, or dental hygiene by
785		-	dentists,
786		-	DENTAL THERAPISTS, or dental hygienists licensed in good standing
787		-	by other states while providing care as a volunteer, at the invitation of any
788		-	group of licensed dentists,
789		-	DENTAL THERAPISTS, or dental hygienists in this
790		-	state who are in good standing, so long as the practice is limited to five
791		-	consecutive days in a twelve-month period and the name of each person
792		-	engaging in the practice is submitted to the board, in writing and on a form
793		-	PAGE 18-SENATE BILL 22-219 approved by the board, at least ten days before the person performs the
794		-	practice.
795		-	SECTION 18. In Colorado Revised Statutes, amend 12-220-304
796		-	as follows:
797		-	12-220-304. Names and status under which dental practice may
798		-	be conducted. (1) The conduct of the practice of dentistry,
799		-	DENTAL
800		-	THERAPY
801		-	, or dental hygiene in a corporate capacity is prohibited, but the
802		-	prohibition shall not be construed to prevent the practice of dentistry,
803		-	DENTAL THERAPY, or dental hygiene by a professional service corporation
804		-	of licensees so constituted that they may be treated under the federal
	805	+	DENTAL THERAPY, or dental hygiene7
	806	+	by dentists,
	807	+	DENTAL THERAPISTS, or dental hygienists licensed in good8
	808	+	standing by other states while providing care as a volunteer, at the9
	809	+	invitation of any group of licensed dentists,
	810	+	DENTAL THERAPISTS, or10
	811	+	dental hygienists in this state who are in good standing, so long as the11
	812	+	practice is limited to five consecutive days in a twelve-month period and12
	813	+	the name of each person engaging in the practice is submitted to the13
	814	+	board, in writing and on a form approved by the board, at least ten days14
	815	+	before the person performs the practice.15
	816	+	SECTION 18. In Colorado Revised Statutes, amend 12-220-30416
	817	+	as follows:17
	818	+	12-220-304. Names and status under which dental practice18
	819	+	may be conducted. (1) The conduct of the practice of dentistry,
	820	+	DENTAL19
	821	+	THERAPY, or dental hygiene in a corporate capacity is prohibited, but the20
	822	+	prohibition shall not be construed to prevent the practice of dentistry,21
	823	+	DENTAL THERAPY, or dental hygiene by a professional service corporation22
	824	+	of licensees so constituted that they may be treated under the federal23
805	825		internal revenue laws as a corporation for tax purposes only. Any such
806		-	A
807		-	professional service corporation may exercise such THE powers and shall be
808		-	subject to such limitations and requirements, insofar as applicable, as are
809		-	provided in section 12-240-138, relating to professional service
810		-	corporations for the practice of medicine.
	826	+	A24
	827	+	professional service corporation may exercise such THE powers and shall25
	828	+	be subject to such limitations and requirements, insofar as applicable, as26
	829	+	are provided in section 12-240-138, relating to professional service27
	830	+	219
	831	+	-23- corporations for the practice of medicine.1
811	832		(2) The group practice of dentistry,
812		-	DENTAL THERAPY, or ~~dental~~
813		-	hygiene is permitted.
	833	+	DENTAL THERAPY, or dental2
	834	+	hygiene is permitted.3
814	835		(3) The practice of dentistry,
815		-	DENTAL THERAPY, or dental hygiene
816		-	by a limited liability company of licensees or by a limited liability
817		-	partnership of licensees is permitted subject to the limitations and
818		-	requirements, insofar as are applicable, set forth in section 12-240-138,
819		-	relating to a limited liability company or limited liability partnership for the
820		-	practice of medicine.
821		-	SECTION 19. In Colorado Revised Statutes, 12-220-305, amend
822		-	(1)(a), (1)(b), (1)(c), (1)(j), (1)(k), (1)(m), (1)(n), (1)(p), and (1)(r) as
823		-	follows:
824		-	12-220-305. What constitutes practicing dentistry - authority to
825		-	electronically prescribe. (1) A person is practicing dentistry if the person:
826		-	(a) Performs, or attempts or professes to perform, any dental
827		-	operation, oral surgery, or dental diagnostic or therapeutic services of any
	836	+	DENTAL THERAPY, or dental hygiene4
	837	+	by a limited liability company of licensees or by a limited liability5
	838	+	partnership of licensees is permitted subject to the limitations and6
	839	+	requirements, insofar as are applicable, set forth in section 12-240-138,7
	840	+	relating to a limited liability company or limited liability partnership for8
	841	+	the practice of medicine.9
	842	+	SECTION 19. In Colorado Revised Statutes, 12-220-305, amend10
	843	+	(1)(a), (1)(b), (1)(c), (1)(j), (1)(k),
	844	+	(1)(m), (1)(n), (1)(p), and (1)(r) as11
	845	+	follows:12
	846	+	12-220-305. What constitutes practicing dentistry - authority13
	847	+	to electronically prescribe. (1) A person is practicing dentistry if the14
	848	+	person:15
	849	+	(a) Performs, or attempts or professes to perform, any dental16
	850	+	operation, oral surgery, or dental diagnostic or therapeutic services of any17
828	851		kind; except that nothing in this subsection (1)(a) prohibits a
829		-	DENTAL
830		-	THERAPIST
831		-	, dental hygienist, or dental assistant from providing preventive
832		-	dental or nutritional counseling, education, or instruction services;
833		-	PAGE 19-SENATE BILL 22-219 (b) Is a proprietor of a place where dental operation, oral surgery,
834		-	or dental diagnostic or therapeutic services are performed; except that
	852	+	DENTAL18
	853	+	THERAPIST, dental hygienist, or dental assistant from providing preventive19
	854	+	dental or nutritional counseling, education, or instruction services;20
	855	+	(b) Is a proprietor of a place where dental operation, oral surgery,21
	856	+	or dental diagnostic or therapeutic services are performed; except that22
835	857		nothing in this subsection (1)(b) prohibits a
836		-	DENTAL THERAPIST, dental
837		-	hygienist, or dental assistant from performing those tasks and procedures
838		-	consistent with section 12-220-501;
839		-	(c) Directly or indirectly, by any means or method, takes impression
840		-	of the human tooth, teeth, jaws, maxillofacial area, or adjacent and
841		-	associated structures; performs any phase of any operation incident to the
842		-	replacement of a part of a tooth; or supplies artificial substitutes for the
843		-	natural teeth, jaws, or adjacent and associated structures; except that
	858	+	DENTAL THERAPIST, dental23
	859	+	hygienist, or dental assistant from performing those tasks and procedures24
	860	+	consistent with section 12-220-501;25
	861	+	(c) Directly or indirectly, by any means or method, takes26
	862	+	impression of the human tooth, teeth, jaws, maxillofacial area, or adjacent27
	863	+	219
	864	+	-24- and associated structures; performs any phase of any operation incident1
	865	+	to the replacement of a part of a tooth; or supplies artificial substitutes for2
	866	+	the natural teeth, jaws, or adjacent and associated structures; except that3
844	867		nothing in this subsection (1)(c) prohibits a
845		-	DENTAL THERAPIST, ~~dental~~
846		-	hygienist, or dental assistant from performing tasks and ~~procedures~~
	868	+	DENTAL THERAPIST, dental4
	869	+	hygienist, or dental assistant from performing tasks and procedures5
847	870		consistent with sections 12-220-501 (3)(b)(III), and
848		-	12-220-503 (1)(d), ~~AND~~
849		-	12-220-~~508~~;
850		-	(j) Extracts, or attempts to extract, human teeth or corrects, or
	871	+	12-220-503 (1)(d),6
	872	+	AND 12-220-507;7
	873	+	(j) Extracts, or attempts to extract, human teeth or corrects, or8
851	874		attempts to correct, malformations of human teeth or jaws;
852	875		EXCEPT THAT
853		-	~~THIS SUBSECTION~~
854		-	(1)(j) DOES NOT PROHIBIT A DENTAL THERAPIST ~~FROM~~
855		-	PERFORMING TASKS AND PROCEDURES CONSISTENT WITH ~~SECTION~~
856		-	12-220-~~508~~;
	876	+	9
	877	+	THIS SUBSECTION (1)(j) DOES NOT PROHIBIT A DENTAL THERAPIST FROM10
	878	+	PERFORMING TASKS AND PROCEDURES CONSISTENT WITH SECTION11
	879	+	12-220-507;12
857	880		(k) Repairs or fills cavities in human teeth;
858	881		EXCEPT THAT THIS
859		-	SUBSECTION
860		-	(1)(k) DOES NOT PROHIBIT A DENTAL THERAPIST FROM
861		-	PERFORMING TASKS AND PROCEDURES CONSISTENT WITH SECTION
862		-	12-220-508;
863		-	(m) Gives, or professes to give, interpretations or readings of dental
864		-	X rays or roentgenograms, CT scans, or other diagnostic methodologies;
865		-	except that nothing in this subsection (1)(m) prohibits a dental hygienist
866		-	from performing tasks and procedures consistent with sections 12-220-503
867		-	and 12-220-504
868		-	OR A DENTAL THERAPIST FROM PERFORMING TASKS
869		-	CONSISTENT WITH SECTION
870		-	12-220-508;
871		-	(n) Represents himself or herself to an individual or the general
872		-	public as practicing dentistry, by using the words "dentist" or "dental
873		-	surgeon", or by using the letters "D.D.S.", "D.M.D.", "D.D.S./M.D.", or
	882	+	13
	883	+	SUBSECTION (1)(k) DOES NOT PROHIBIT A DENTAL THERAPIST FROM14
	884	+	PERFORMING TASKS AND PROCEDURES CONSISTENT WITH SECTION15
	885	+	12-220-507;16
	886	+	(m) Gives, or professes to give, interpretations or readings of17
	887	+	dental X rays or roentgenograms, CT scans, or other diagnostic18
	888	+	methodologies; except that nothing in this subsection (1)(m) prohibits a19
	889	+	dental hygienist from performing tasks and procedures consistent with20
	890	+	sections 12-220-503 and 12-220-504
	891	+	OR A DENTAL THERAPIST FROM21
	892	+	PERFORMING TASKS CONSISTENT WITH SECTION 12-220-507;22
	893	+	(n) Represents himself or herself to an individual or the general23
	894	+	public as practicing dentistry, by using the words "dentist" or "dental24
	895	+	surgeon", or by using the letters "D.D.S.", "D.M.D.", "D.D.S./M.D.", or25
874	896		"D.M.D./M.D." Nothing in this subsection (1)(n) prohibits a
875		-	DENTAL
876		-	THERAPIST
877		-	, dental hygienist, or dental assistant from performing tasks and
878		-	procedures consistent with section 12-220-501 (2), (2.5), or (3)(b).
879		-	PAGE 20-SENATE BILL 22-219 (p) Prescribes drugs or medications and administers local anesthesia,
880		-	analgesia including nitrous oxide/oxygen inhalation, medication prescribed
881		-	or administered for the relief of anxiety or apprehension, minimal sedation,
882		-	moderate sedation, deep sedation, or general anesthesia as necessary for the
883		-	proper practice of dentistry; except that nothing in this subsection (1)(p)
884		-	prohibits:
885		-	(I) A dental hygienist from performing those tasks and procedures
886		-	consistent with sections 12-220-501, 12-220-503 (1)(e) and (1)(g), and
887		-	12-220-504 (1)(c), and in accordance with rules promulgated by the board;
888		-	OR
889		-	(II) A DENTAL THERAPIST FROM PERFORMING THOSE TASKS AND
890		-	PROCEDURES CONSISTENT WITH SECTIONS
891		-	12-220-501 (2.5) AND 12-220-508,
892		-	AND IN ACCORDANCE WITH RULES PROMULGATED BY THE BOARD .
893		-	(r) Gives or professes to give interpretations or readings of dental
894		-	charts or records or gives treatment plans or interpretations of treatment
895		-	plans derived from examinations, patient records, dental X rays, or
896		-	roentgenograms; except that nothing in this subsection (1)(r) prohibits a
897		-	DENTAL THERAPIST, dental hygienist, or dental assistant from performing
898		-	tasks and procedures consistent with sections 12-220-501 (2), (2.5), and (3),
	897	+	DENTAL26
	898	+	THERAPIST, dental hygienist, or dental assistant from performing tasks and27
	899	+	219
	900	+	-25- procedures consistent with section 12-220-501 (2), (2.5), or (3)(b).1
	901	+	(p) Prescribes drugs or medications and administers local2
	902	+	anesthesia, analgesia including nitrous oxide/oxygen inhalation,3
	903	+	medication prescribed or administered for the relief of anxiety or4
	904	+	apprehension, minimal sedation, moderate sedation, deep sedation, or5
	905	+	general anesthesia as necessary for the proper practice of dentistry; except6
	906	+	that nothing in this subsection (1)(p) prohibits:7
	907	+	(I) A dental hygienist from performing those tasks and procedures8
	908	+	consistent with sections 12-220-501, 12-220-503 (1)(e) and (1)(g), and9
	909	+	12-220-504 (1)(c), and in accordance with rules promulgated by the10
	910	+	board;
	911	+	OR11
	912	+	(II) A
	913	+	DENTAL THERAPIST FROM PERFORMING THOSE TASKS AND12
	914	+	PROCEDURES CONSISTENT WITH SECTIONS 12-220-501 (2.5) AND13
	915	+	12-220-507,
	916	+	AND IN ACCORDANCE WITH RULES PROMULGATED BY THE14
	917	+	BOARD.15
	918	+	(r) Gives or professes to give interpretations or readings of dental16
	919	+	charts or records or gives treatment plans or interpretations of treatment17
	920	+	plans derived from examinations, patient records, dental X rays, or18
	921	+	roentgenograms; except that nothing in this subsection (1)(r) prohibits a19
	922	+	DENTAL THERAPIST, dental hygienist, or dental assistant from performing20
	923	+	tasks and procedures consistent with sections 12-220-501 (2), (2.5), and21
	924	+	(3), 12-220-503, and
	925	+	12-220-504, AND 12-220-507.22
	926	+	SECTION 20. In Colorado Revised Statutes, amend 12-220-30723
	927	+	as follows:24
	928	+	12-220-307. Professional liability insurance required - rules.25
	929	+	(1) A licensed dentist,
	930	+	A LICENSED DENTAL THERAPIST, and a licensed26
	931	+	dental hygienist must meet the financial responsibility requirements27
	932	+	219
	933	+	-26- established by the board pursuant to section 13-64-301 (1)(a).1
	934	+	(2) Upon request of the board, a licensed dentist,
	935	+	LICENSED2
	936	+	DENTAL THERAPIST, or licensed dental hygienist shall provide proof of3
	937	+	professional liability insurance to the board.4
	938	+	(3) The board may, by rule, exempt from or establish lesser5
	939	+	financial responsibility standards for licensed dentists,
	940	+	LICENSED DENTAL6
	941	+	THERAPISTS, and licensed dental hygienists who meet the criteria in7
	942	+	section 13-64-301 (1)(a)(II).8
	943	+	SECTION 21. In Colorado Revised Statutes, amend 12-220-3089
	944	+	as follows:10
	945	+	12-220-308. Continuing education requirements - rules. (1) As11
	946	+	a condition of renewing, reactivating, or reinstating a license issued under12
	947	+	this article 220, every dentist,
	948	+	DENTAL THERAPIST, and dental hygienist13
	949	+	must obtain at least thirty hours of continuing education every two years14
	950	+	to ensure patient safety and professional competency.15
	951	+	(2) The board may adopt rules establishing the basic requirements16
	952	+	for continuing education, including the types of programs that qualify,17
	953	+	exemptions for persons holding an inactive or retired license,18
	954	+	requirements for courses designed to enhance clinical skills for certain19
	955	+	licenses, and the manner by which dentists,
	956	+	DENTAL THERAPISTS, and20
	957	+	dental hygienists are to report compliance with the continuing education21
	958	+	requirements.22
	959	+	SECTION 22. In Colorado Revised Statutes, 12-220-409, amend23
	960	+	(1), (2)(a), and (5) as follows:24
	961	+	12-220-409. Inactive dental, dental therapist, or dental25
	962	+	hygienist license. (1) Any person licensed to practice dentistry,
	963	+	DENTAL26
	964	+	THERAPY, or dental hygiene pursuant to this article 220 may apply to the27
	965	+	219
	966	+	-27- board to be transferred to an inactive status. The licensee must submit an1
	967	+	application in the form and manner designated by the board. The board2
	968	+	may grant inactive status by issuing an inactive license or deny the3
	969	+	application for any of the causes set forth in section 12-220-201.4
	970	+	(2) Any person applying for a license under this section must:5
	971	+	(a) Provide an affidavit to the board that the applicant, after a date6
	972	+	certain, will not practice dentistry,
	973	+	DENTAL THERAPY, or dental hygiene7
	974	+	in this state unless the applicant is issued a license to practice dentistry,8
	975	+	DENTAL THERAPY, or dental hygiene pursuant to subsection (5) of this9
	976	+	section;10
	977	+	(5) Any person licensed under this section who wishes to resume11
	978	+	the practice of dentistry,
	979	+	DENTAL THERAPY, or dental hygiene must file an12
	980	+	application in the form and manner the board designates, pay the license13
	981	+	fee promulgated by the board pursuant to section 12-20-105, and meet the14
	982	+	financial responsibility requirements or the professional liability15
	983	+	insurance requirements established by the board pursuant to sections16
	984	+	12-220-307 and 13-64-301 (1)(a), as applicable. The board may approve17
	985	+	the application and issue a license to practice dentistry,
	986	+	DENTAL THERAPY,18
	987	+	or dental hygiene or may deny the application for any of the causes set19
	988	+	forth in section 12-220-201.20
	989	+	SECTION 23. In Colorado Revised Statutes, 12-220-410, amend21
	990	+	(1), (2)(a), (5), and (6) as follows:22
	991	+	12-220-410. Retired dental, dental therapist, and dental23
	992	+	hygienist licenses. (1) Any person licensed to practice dentistry,
	993	+	DENTAL24
	994	+	THERAPY, or dental hygiene pursuant to this article 220 may apply to the25
	995	+	board for retired licensure status. The application must be in the form and26
	996	+	manner designated by the board. The board may grant retired licensure27
	997	+	219
	998	+	-28- status by issuing a retired license, or it may deny the application if the1
	999	+	licensee has been disciplined for any of the causes set forth in section2
	1000	+	12-220-201.3
	1001	+	(2) Any person applying for a license under this section must:4
	1002	+	(a) Provide an affidavit to the board stating that, after a date5
	1003	+	certain, the applicant will not practice dentistry,
	1004	+	DENTAL THERAPY, or6
	1005	+	dental hygiene; will no longer earn income as a dentist,
	1006	+	DENTAL7
	1007	+	THERAPIST, or dental hygiene administrator or consultant; and will not8
	1008	+	perform any activity that constitutes practicing dentistry,
	1009	+	DENTAL9
	1010	+	THERAPY, or dental hygiene pursuant to sections 12-220-305, 12-220-501,10
899	1011		12-220-503, and
900		-	12-220-504, AND 12-220-508.
901		-	SECTION 20. In Colorado Revised Statutes, amend 12-220-307
902		-	as follows:
903		-	12-220-307. Professional liability insurance required - rules.
904		-	(1) A licensed dentist,
905		-	A LICENSED DENTAL THERAPIST , and a licensed
906		-	dental hygienist must meet the financial responsibility requirements
907		-	established by the board pursuant to section 13-64-301 (1)(a).
908		-	(2) Upon request of the board, a licensed dentist,
909		-	LICENSED DENTAL
910		-	THERAPIST
911		-	, or licensed dental hygienist shall provide proof of professional
912		-	liability insurance to the board.
913		-	(3) The board may, by rule, exempt from or establish lesser financial
914		-	responsibility standards for licensed dentists,
915		-	LICENSED DENTAL
916		-	THERAPISTS
917		-	, and licensed dental hygienists who meet the criteria in section
918		-	13-64-301 (1)(a)(II).
919		-	PAGE 21-SENATE BILL 22-219 SECTION 21. In Colorado Revised Statutes, amend 12-220-308
920		-	as follows:
921		-	12-220-308. Continuing education requirements - rules. (1) As
922		-	a condition of renewing, reactivating, or reinstating a license issued under
923		-	this article 220, every dentist,
924		-	DENTAL THERAPIST, and dental hygienist must
925		-	obtain at least thirty hours of continuing education every two years to ensure
926		-	patient safety and professional competency.
927		-	(2) The board may adopt rules establishing the basic requirements
928		-	for continuing education, including the types of programs that qualify,
929		-	exemptions for persons holding an inactive or retired license, requirements
930		-	for courses designed to enhance clinical skills for certain licenses, and the
931		-	manner by which dentists,
932		-	DENTAL THERAPISTS, and dental hygienists are
933		-	to report compliance with the continuing education requirements.
934		-	SECTION 22. In Colorado Revised Statutes, 12-220-409, amend
935		-	(1), (2)(a), and (5) as follows:
936		-	12-220-409. Inactive dental, dental therapist, or dental hygienist
937		-	license. (1) Any person licensed to practice dentistry,
938		-	DENTAL THERAPY, or
939		-	dental hygiene pursuant to this article 220 may apply to the board to be
940		-	transferred to an inactive status. The licensee must submit an application in
941		-	the form and manner designated by the board. The board may grant inactive
942		-	status by issuing an inactive license or deny the application for any of the
943		-	causes set forth in section 12-220-201.
944		-	(2) Any person applying for a license under this section must:
945		-	(a) Provide an affidavit to the board that the applicant, after a date
946		-	certain, will not practice dentistry,
947		-	DENTAL THERAPY, or dental hygiene in
948		-	this state unless the applicant is issued a license to practice dentistry,
949		-	DENTAL THERAPY, or dental hygiene pursuant to subsection (5) of this
950		-	section;
951		-	(5) Any person licensed under this section who wishes to resume the
952		-	practice of dentistry,
953		-	DENTAL THERAPY, or dental hygiene must file an
954		-	application in the form and manner the board designates, pay the license fee
955		-	promulgated by the board pursuant to section 12-20-105, and meet the
956		-	financial responsibility requirements or the professional liability insurance
957		-	PAGE 22-SENATE BILL 22-219 requirements established by the board pursuant to sections 12-220-307 and
958		-	13-64-301 (1)(a), as applicable. The board may approve the application and
959		-	issue a license to practice dentistry,
960		-	DENTAL THERAPY, or dental hygiene or
961		-	may deny the application for any of the causes set forth in section
962		-	12-220-201.
963		-	SECTION 23. In Colorado Revised Statutes, 12-220-410, amend
964		-	(1), (2)(a), (5), and (6) as follows:
965		-	12-220-410. Retired dental, dental therapist, and dental
966		-	hygienist licenses. (1) Any person licensed to practice dentistry,
967		-	DENTAL
968		-	THERAPY
969		-	, or dental hygiene pursuant to this article 220 may apply to the
970		-	board for retired licensure status. The application must be in the form and
971		-	manner designated by the board. The board may grant retired licensure
972		-	status by issuing a retired license, or it may deny the application if the
973		-	licensee has been disciplined for any of the causes set forth in section
974		-	12-220-201.
975		-	(2) Any person applying for a license under this section must:
976		-	(a) Provide an affidavit to the board stating that, after a date certain,
977		-	the applicant will not practice dentistry,
978		-	DENTAL THERAPY, or dental
979		-	hygiene; will no longer earn income as a dentist,
980		-	DENTAL THERAPIST, or
981		-	dental hygiene administrator or consultant; and will not perform any activity
982		-	that constitutes practicing dentistry,
983		-	DENTAL THERAPY, or dental hygiene
984		-	pursuant to sections 12-220-305, 12-220-501, 12-220-503, and
985		-	12-220-504,
986		-	AND 12-220-508 unless the applicant is issued a license to practice dentistry,
987		-	DENTAL THERAPY, or dental hygiene pursuant to subsection (5) of this
988		-	section; and
989		-	(5) Any person licensed under this section may apply to the board
990		-	for a return to active licensure status by filing an application in the form and
991		-	manner the board designates, paying the appropriate license fee established
992		-	pursuant to section 12-20-105, and meeting the financial responsibility
993		-	requirements or the professional liability insurance requirements established
994		-	by the board pursuant to sections 12-220-307 and 13-64-301 (1)(a), as
995		-	applicable. The board may approve the application and issue a license to
996		-	practice dentistry,
997		-	DENTAL THERAPY, or dental hygiene or may deny the
998		-	application if the licensee has been disciplined for any of the causes set
999		-	forth in section 12-220-201.
1000		-	PAGE 23-SENATE BILL 22-219 (6) A dentist, DENTAL THERAPIST, or dental hygienist on retired
	1012	+	12-220-504, AND 12-220-507 unless the applicant is11
	1013	+	issued a license to practice dentistry,
	1014	+	DENTAL THERAPY, or dental hygiene12
	1015	+	pursuant to subsection (5) of this section; and13
	1016	+	(5) Any person licensed under this section may apply to the board14
	1017	+	for a return to active licensure status by filing an application in the form15
	1018	+	and manner the board designates, paying the appropriate license fee16
	1019	+	established pursuant to section 12-20-105, and meeting the financial17
	1020	+	responsibility requirements or the professional liability insurance18
	1021	+	requirements established by the board pursuant to sections 12-220-30719
	1022	+	and 13-64-301 (1)(a), as applicable. The board may approve the20
	1023	+	application and issue a license to practice dentistry,
	1024	+	DENTAL THERAPY, or21
	1025	+	dental hygiene or may deny the application if the licensee has been22
	1026	+	disciplined for any of the causes set forth in section 12-220-201.23
	1027	+	(6) A dentist,
	1028	+	DENTAL THERAPIST, or dental hygienist on retired24
1001	1029		status may provide dental,
1002		-	DENTAL THERAPY, or dental hygiene services on
1003		-	a voluntary basis to the
1004		-	PEOPLE WHO ARE indigent if the retired dentist,
1005		-	DENTAL THERAPIST, or dental hygienist provides the services on a limited
1006		-	basis and does not charge a fee for the services. A retired dentist,
1007		-	DENTAL
1008		-	THERAPIST
1009		-	, or dental hygienist providing voluntary care pursuant to this
1010		-	subsection (6) is immune from any liability resulting from the voluntary
	1030	+	DENTAL THERAPY, or dental hygiene services25
	1031	+	on a voluntary basis to the
	1032	+	PEOPLE WHO ARE indigent if the retired dentist,26
	1033	+	DENTAL THERAPIST, or dental hygienist provides the services on a limited27
	1034	+	219
	1035	+	-29- basis and does not charge a fee for the services. A retired dentist, DENTAL1
	1036	+	THERAPIST, or dental hygienist providing voluntary care pursuant to this2
	1037	+	subsection (6) is immune from any liability resulting from the voluntary3
1011	1038		care the retired dentist,
1012		-	DENTAL THERAPIST, or dental hygienist provided.
1013		-	SECTION 24. In Colorado Revised Statutes, 12-220-411, amend
1014		-	(1), (3), and (4)(a); and add (6) as follows:
1015		-	12-220-411. Anesthesia and sedation permits - dentists, dental
1016		-	therapists, and dental hygienists - training and experience
1017		-	requirements - office inspections - rules. (1) Upon application in a form
1018		-	and manner determined by the board and payment of the applicable fees
1019		-	established by the board, the board may issue an anesthesia or sedation
1020		-	permit to a licensed dentist or a local anesthesia permit to a
1021		-	DENTAL
1022		-	THERAPIST OR
1023		-	dental hygienist in accordance with this section.
	1039	+	DENTAL THERAPIST, or dental hygienist provided.4
	1040	+	SECTION 24. In Colorado Revised Statutes, 12-220-411, amend5
	1041	+	(1), (3), and (4)(a); and add (6) as follows:6
	1042	+	12-220-411. Anesthesia and sedation permits - dentists, dental7
	1043	+	therapists, and dental hygienists - training and experience8
	1044	+	requirements - office inspections - rules. (1) Upon application in a9
	1045	+	form and manner determined by the board and payment of the applicable10
	1046	+	fees established by the board, the board may issue an anesthesia or11
	1047	+	sedation permit to a licensed dentist or a local anesthesia permit to a12
	1048	+	DENTAL THERAPIST OR dental hygienist in accordance with this section.13
1024	1049		(3) (a) A licensed
1025		-	DENTAL THERAPIST OR dental hygienist ~~who~~
1026		-	obtains a local anesthesia permit pursuant to this section may ~~administer~~
1027		-	local anesthesia.
	1050	+	DENTAL THERAPIST OR dental hygienist who14
	1051	+	obtains a local anesthesia permit pursuant to this section may administer15
	1052	+	local anesthesia.16
1028	1053		(b) A local anesthesia permit issued to a
1029		-	DENTAL THERAPIST OR
1030		-	dental hygienist is valid as long as the DENTAL THERAPIST'S OR dental
1031		-	hygienist's license is active.
1032		-	(4) (a) The board shall establish, by rule, minimum training,
1033		-	experience, and equipment requirements for the administration of local
1034		-	anesthesia, analgesia including nitrous oxide/oxygen inhalation, and
1035		-	medication prescribed or administered for the relief of anxiety or
1036		-	apprehension, minimal sedation, moderate sedation, deep sedation, or
1037		-	general anesthesia, including procedures that may be used by and minimum
1038		-	training requirements for dentists,
1039		-	DENTAL THERAPISTS, dental hygienists,
1040		-	and dental assistants.
1041		-	(6) F
1042		-	OR THE PURPOSES OF THIS SECTION, A DENTAL THERAPIST WHO
1043		-	PERFORMS A TASK PURSUANT TO A WRITTEN ARTICULATED PLAN THAT
1044		-	MEETS THE REQUIREMENTS OF SECTION
1045		-	12-220-508 (2) IS CONSIDERED TO
1046		-	PAGE 24-SENATE BILL 22-219 HAVE PERFORMED THE TASK WITH THE PRIOR KNOWLEDGE AND CONSENT OF
1047		-	THE DENTIST
1048		-	.
1049		-	SECTION 25. In Colorado Revised Statutes, 12-220-601, amend
1050		-	(1) and (2) as follows:
1051		-	12-220-601. Legislative declaration. (1) The general assembly
1052		-	hereby finds, determines, and declares that public exposure to the hazards
1053		-	of ionizing radiation used for diagnostic purposes should be minimized
1054		-	wherever possible. Accordingly, the general assembly finds, determines,
	1054	+	DENTAL THERAPIST OR17
	1055	+	dental hygienist is valid as long as the
	1056	+	DENTAL THERAPIST'S OR dental18
	1057	+	hygienist's license is active.19
	1058	+	(4) (a) The board shall establish, by rule, minimum training,20
	1059	+	experience, and equipment requirements for the administration of local21
	1060	+	anesthesia, analgesia including nitrous oxide/oxygen inhalation, and22
	1061	+	medication prescribed or administered for the relief of anxiety or23
	1062	+	apprehension, minimal sedation, moderate sedation, deep sedation, or24
	1063	+	general anesthesia, including procedures that may be used by and25
	1064	+	minimum training requirements for dentists,
	1065	+	DENTAL THERAPISTS, dental26
	1066	+	hygienists, and dental assistants.27
	1067	+	219
	1068	+	-30- (6) FOR THE PURPOSES OF THIS SECTION, A DENTAL THERAPIST1
	1069	+	WHO PERFORMS A TASK PURSUANT TO A WRITTEN ARTICULATED PLAN2
	1070	+	THAT MEETS THE REQUIREMENTS OF SECTION 12-220-507 (2) IS3
	1071	+	CONSIDERED TO HAVE PERFORMED THE TASK WITH THE PRIOR KNOWLEDGE4
	1072	+	AND CONSENT OF THE DENTIST.5
	1073	+	SECTION 25. In Colorado Revised Statutes, 12-220-601, amend6
	1074	+	(1) and (2) as follows:7
	1075	+	12-220-601. Legislative declaration. (1) The general assembly8
	1076	+	hereby finds, determines, and declares that public exposure to the hazards9
	1077	+	of ionizing radiation used for diagnostic purposes should be minimized10
	1078	+	wherever possible. Accordingly, the general assembly finds, determines,11
1055	1079		and declares that for any dentist,
1056		-	DENTAL THERAPIST, or dental ~~hygienist to~~
1057		-	allow an untrained person to operate a machine source of ~~ionizing radiation,~~
1058		-	including without limitation a device commonly known as ~~an "X-ray~~
1059		-	machine", or to administer radiation to a patient for ~~diagnostic purposes is~~
1060		-	a threat to the public health and safety.
	1080	+	DENTAL THERAPIST, or dental hygienist12
	1081	+	to allow an untrained person to operate a machine source of ionizing13
	1082	+	radiation, including without limitation a device commonly known as an14
	1083	+	"X-ray machine", or to administer radiation to a patient for diagnostic15
	1084	+	purposes is a threat to the public health and safety.16
1061	1085		(2) It is the intent of the general assembly that dentists,
1062		-	DENTAL
1063		-	THERAPISTS
1064		-	, and dental hygienists utilizing unlicensed persons in their
1065		-	practices provide those persons with a minimum level of education and
1066		-	training before allowing them to operate machine sources of ionizing
1067		-	radiation; however, it is not the general assembly's intent to discourage
1068		-	education and training beyond this minimum. It is further the intent of the
1069		-	general assembly that established minimum training and education
1070		-	requirements correspond as closely as possible to the requirements of each
1071		-	particular work setting as determined by the board pursuant to this part 6.
1072		-	SECTION 26. In Colorado Revised Statutes, 12-220-602, amend
1073		-	(1) and (2) as follows:
1074		-	12-220-602. Minimum standards - rules - definition. (1) (a) The
1075		-	board shall adopt rules prescribing minimum standards for the
1076		-	qualifications, education, and training of unlicensed persons operating
1077		-	machine sources of ionizing radiation and administering radiation to
	1086	+	DENTAL17
	1087	+	THERAPISTS, and dental hygienists utilizing unlicensed persons in their18
	1088	+	practices provide those persons with a minimum level of education and19
	1089	+	training before allowing them to operate machine sources of ionizing20
	1090	+	radiation; however, it is not the general assembly's intent to discourage21
	1091	+	education and training beyond this minimum. It is further the intent of the22
	1092	+	general assembly that established minimum training and education23
	1093	+	requirements correspond as closely as possible to the requirements of24
	1094	+	each particular work setting as determined by the board pursuant to this25
	1095	+	part 6.26
	1096	+	SECTION 26. In Colorado Revised Statutes, 12-220-602, amend27
	1097	+	219
	1098	+	-31- (1) and (2) as follows:1
	1099	+	12-220-602. Minimum standards - rules - definition.2
	1100	+	(1) (a) The board shall adopt rules prescribing minimum standards for the3
	1101	+	qualifications, education, and training of unlicensed persons operating4
	1102	+	machine sources of ionizing radiation and administering radiation to5
1078	1103		patients for diagnostic medical use. A licensed dentist,
1079		-	~~DENTAL THERAPIST,~~
1080		-	or dental hygienist shall not allow an unlicensed person ~~to operate a~~
1081		-	machine source of ionizing radiation or to administer ~~radiation to any~~
1082		-	patient unless the person meets standards then in effect under ~~rules adopted~~
1083		-	pursuant to this section. The board may adopt rules allowing ~~a grace period~~
1084		-	in which newly hired operators of machine sources ~~of ionizing radiation are~~
1085		-	to receive the training required by this section.
1086		-	~~PAGE 25-SENATE BILL 22-219~~ (b) For purposes of ~~AS USED IN this part 6, "unlicensed person"~~
1087		-	~~means a~~ person ~~who does not hold a current and active license entitling the~~
1088		-	person ~~to practice dentistry,~~
1089		-	~~DENTAL THERAPY~~, ~~or dental hygiene under this~~
1090		-	~~article 220.~~
1091		-	~~(2) The board shall seek the assistance of licensed dentists,~~
1092		-	~~DENTAL~~
1093		-	THERAPISTS
1094		-	~~, or licensed~~
1095		-	~~dental hygienists in developing and~~ formulating the
1096		-	~~rules promulgated pursuant to this section.~~
1097		-	~~SECTION 27.~~ ~~In Colorado Revised Statutes, 12-20-202, add~~
1098		-	~~(3)(e)(IX~~.~~5) as follows:~~
1099		-	~~12-20-202. Licenses, certifications, and registrations - renewal~~
1100		-	- ~~reinstatement - fees - occupational credential portability program -~~
1101		-	~~temporary authority for military spouses - exceptions for military~~
1102		-	~~personnel - rules - consideration of criminal convictions or driver's~~
1103		-	~~history - executive director authority - definitions.~~ (3) ~~Occupational~~
1104		-	~~credential portability program. (e) Subsections (3)(a) to (3)(d) of this~~
1105		-	section do not apply to the following professions or occupations:
	1104	+	DENTAL6
	1105	+	THERAPIST, or dental hygienist shall not allow an unlicensed person to7
	1106	+	operate a machine source of ionizing radiation or to administer radiation8
	1107	+	to any patient unless the person meets standards then in effect under rules9
	1108	+	adopted pursuant to this section. The board may adopt rules allowing a10
	1109	+	grace period in which newly hired operators of machine sources of11
	1110	+	ionizing radiation are to receive the training required by this section.12
	1111	+	(b) For purposes of
	1112	+	AS USED IN this part 6, "unlicensed person"13
	1113	+	means a person who does not hold a current and active license entitling14
	1114	+	the person to practice dentistry,
	1115	+	DENTAL THERAPY, or dental hygiene15
	1116	+	under this article 220.16
	1117	+	(2) The board shall seek the assistance of licensed dentists,17
	1118	+	DENTAL THERAPISTS, or licensed
	1119	+	dental hygienists in developing and18
	1120	+	formulating the rules promulgated pursuant to this section.19
	1121	+	SECTION 27. In Colorado Revised Statutes, 12-20-202, add20
	1122	+	(3)(e)(IX.5) as follows:21
	1123	+	12-20-202. Licenses, certifications, and registrations - renewal22
	1124	+	- reinstatement - fees - occupational credential portability program23
	1125	+	- temporary authority for military spouses - exceptions for military24
	1126	+	personnel - rules - consideration of criminal convictions or driver's25
	1127	+	history - executive director authority - definitions. (3) Occupational26
	1128	+	credential portability program. (e) Subsections (3)(a) to (3)(d) of this27
	1129	+	219
	1130	+	-32- section do not apply to the following professions or occupations:1
1106	1131		(IX.5) D
1107		-	ENTAL THERAPISTS, REGULATED PURSUANT TO ARTICLE 220
1108		-	OF THIS TITLE 12;
1109		-	SECTION 28. In Colorado Revised Statutes, 12-20-406, amend
1110		-	(3)(f) as follows:
1111		-	12-20-406. Injunctive relief. (3) This section does not apply to the
1112		-	following:
	1132	+	ENTAL THERAPISTS, REGULATED PURSUANT TO ARTICLE2
	1133	+	220
	1134	+	OF THIS TITLE 12; 3
	1135	+	SECTION 28. In Colorado Revised Statutes, 12-20-406, amend4
	1136	+	(3)(f) as follows:5
	1137	+	12-20-406. Injunctive relief. (3) This section does not apply to6
	1138	+	the following:7
1113	1139		(f) Article 220 of this title 12 concerning dentists,
1114		-	DENTAL
1115		-	THERAPISTS
1116		-	, and dental hygienists;
1117		-	SECTION 29. In Colorado Revised Statutes, 12-20-407, amend
1118		-	(1)(a)(V)(J) as follows:
1119		-	12-20-407. Unauthorized practice of profession or occupation -
1120		-	penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor
1121		-	and shall be punished as provided in section 18-1.3-501 if the person:
1122		-	(V) Practices or offers or attempts to practice any of the following
1123		-	PAGE 26-SENATE BILL 22-219 professions or occupations without an active license, certification, or
1124		-	registration issued under the part or article of this title 12 governing the
1125		-	particular profession or occupation:
	1140	+	DENTAL8
	1141	+	THERAPISTS, and dental hygienists;9
	1142	+	SECTION 29. In Colorado Revised Statutes, 12-20-407, amend10
	1143	+	(1)(a)(V)(J) as follows:11
	1144	+	12-20-407. Unauthorized practice of profession or occupation12
	1145	+	- penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor13
	1146	+	and shall be punished as provided in section 18-1.3-501 if the person:14
	1147	+	(V) Practices or offers or attempts to practice any of the following15
	1148	+	professions or occupations without an active license, certification, or16
	1149	+	registration issued under the part or article of this title 12 governing the17
	1150	+	particular profession or occupation:18
1126	1151		(J) Dentistry,
1127		-	DENTAL THERAPY, or dental hygiene, as regulated
1128		-	under article 220 of this title 12;
1129		-	SECTION 30. In Colorado Revised Statutes, 12-30-102, amend
1130		-	(3)(a)(VII) as follows:
1131		-	12-30-102. Medical transparency act of 2010 - disclosure of
1132		-	information about health-care providers - fines - rules - short title -
1133		-	legislative declaration - review of functions - repeal. (3) (a) As used in
1134		-	this section, "applicant" means a person applying for a new, active license,
1135		-	certification, or registration or to renew, reinstate, or reactivate an active
1136		-	license, certification, or registration to practice:
	1152	+	DENTAL THERAPY, or dental hygiene, as regulated19
	1153	+	under article 220 of this title 12;20
	1154	+	SECTION 30. In Colorado Revised Statutes, 12-30-102, amend21
	1155	+	(3)(a)(VII) as follows:22
	1156	+	12-30-102. Medical transparency act of 2010 - disclosure of23
	1157	+	information about health-care providers - fines - rules - short title -24
	1158	+	legislative declaration - review of functions - repeal. (3) (a) As used25
	1159	+	in this section, "applicant" means a person applying for a new, active26
	1160	+	license, certification, or registration or to renew, reinstate, or reactivate27
	1161	+	219
	1162	+	-33- an active license, certification, or registration to practice:1
1137	1163		(VII) Dental
1138		-	THERAPY OR DENTAL hygiene pursuant to article ~~220~~
1139		-	of this title 12;
1140		-	SECTION 31. In Colorado Revised Statutes, 12-30-103, ~~amend~~
1141		-	(4)(a)(IV) as follows:
1142		-	12-30-103. Solicitation of accident victims - waiting period -
1143		-	definitions. (4) As used in this section:
1144		-	(a) "Health-care practitioner" means:
	1164	+	THERAPY OR DENTAL hygiene pursuant to article 2202
	1165	+	of this title 12;3
	1166	+	SECTION 31. In Colorado Revised Statutes, 12-30-103, amend4
	1167	+	(4)(a)(IV) as follows:5
	1168	+	12-30-103. Solicitation of accident victims - waiting period -6
	1169	+	definitions. (4) As used in this section:7
	1170	+	(a) "Health-care practitioner" means:8
1145	1171		(IV) A dentist,
1146		-	DENTAL THERAPIST, or dental hygienist ~~licensed~~
1147		-	under article 220 of this title 12;
1148		-	SECTION 32. In Colorado Revised Statutes, 13-4-102, ~~amend~~
1149		-	(1)(g) and (2)(g) as follows:
1150		-	13-4-102. Jurisdiction. (1) Any provision of law to the ~~contrary~~
1151		-	notwithstanding, the court of appeals shall have initial jurisdiction ~~over~~
1152		-	appeals from final judgments of, and interlocutory appeals of ~~certified~~
1153		-	questions of law in civil cases pursuant to section 13-4-102.1 from, ~~the~~
1154		-	district courts, the probate court of the city and county of Denver, and ~~the~~
1155		-	juvenile court of the city and county of Denver, except in:
1156		-	~~PAGE 27-SENATE BILL 22-219~~ (g) Review actions of the Colorado dental board in refusing ~~to issue~~
1157		-	or renew or in suspending or revoking a license to practice dentistry,
1158		-	DENTAL THERAPY, or dental hygiene, as provided in section 12-220-208;
1159		-	(2) The court of appeals has initial jurisdiction to:
1160		-	(g) Review actions of the Colorado dental board in refusing ~~to issue~~
1161		-	or renew or in suspending or revoking a license to practice dentistry,
	1172	+	DENTAL THERAPIST, or dental hygienist licensed9
	1173	+	under article 220 of this title 12;10
	1174	+	SECTION 32. In Colorado Revised Statutes, 13-4-102, amend11
	1175	+	(1)(g) and (2)(g) as follows:12
	1176	+	13-4-102. Jurisdiction. (1) Any provision of law to the contrary13
	1177	+	notwithstanding, the court of appeals shall have initial jurisdiction over14
	1178	+	appeals from final judgments of, and interlocutory appeals of certified15
	1179	+	questions of law in civil cases pursuant to section 13-4-102.1 from, the16
	1180	+	district courts, the probate court of the city and county of Denver, and the17
	1181	+	juvenile court of the city and county of Denver, except in:18
	1182	+	(g) Review actions of the Colorado dental board in refusing to19
	1183	+	issue or renew or in suspending or revoking a license to practice dentistry,20
	1184	+	DENTAL THERAPY, or dental hygiene, as provided in section 12-220-208;21
	1185	+	(2) The court of appeals has initial jurisdiction to:22
	1186	+	(g) Review actions of the Colorado dental board in refusing to23
	1187	+	issue or renew or in suspending or revoking a license to practice dentistry,24
1162	1188		DENTAL THERAPY, or dental hygiene, as provided in section 12-220-137
1163		-	SECTION 12-220-208;
1164		-	SECTION 33. In Colorado Revised Statutes, 13-21-115.5, amend
1165		-	(3)(c)(II)(R) as follows:
1166		-	13-21-115.5. Volunteer service act - immunity - exception for
1167		-	operation of motor vehicles - short title - legislative declaration -
1168		-	definitions. (3) As used in this section, unless the context otherwise
1169		-	requires:
1170		-	(c) (II) "Volunteer" includes:
	1189	+	25
	1190	+	SECTION 12-220-208;26
	1191	+	SECTION 33. In Colorado Revised Statutes, 13-21-115.5,27
	1192	+	219
	1193	+	-34- amend (3)(c)(II)(R) as follows:1
	1194	+	13-21-115.5. Volunteer service act - immunity - exception for2
	1195	+	operation of motor vehicles - short title - legislative declaration -3
	1196	+	definitions. (3) As used in this section, unless the context otherwise4
	1197	+	requires:5
	1198	+	(c) (II) "Volunteer" includes:6
1171	1199		(R) A licensed dentist,
1172		-	DENTAL THERAPIST, or dental hygienist
1173		-	governed by article 220 of title 12 performing the practice of dentistry,
1174		-	DENTAL THERAPY, or dental hygiene, as defined in section 12-220-104 and
1175		-	as described in section
1176		-	SECTIONS 12-220-305, 12-220-402, 12-220-403, AND
1177		-	12-220-508; as a volunteer for a nonprofit organization, nonprofit
1178		-	corporation, governmental entity, or hospital; or a dentist,
1179		-	DENTAL
1180		-	THERAPIST
1181		-	, or dental hygienist who holds a license in good standing from
1182		-	another state performing the practice of dentistry,
1183		-	DENTAL THERAPY, or
1184		-	dental hygiene, as defined in section 12-220-104 and as described in section
1185		-	SECTIONS 12-220-305, 12-220-402, 12-220-403, AND 12-220-508, as a
1186		-	volunteer for a nonprofit organization, nonprofit corporation, governmental
1187		-	entity, or hospital pursuant to section 12-220-302 (1)(j); and
1188		-	SECTION 34. In Colorado Revised Statutes, 13-64-301, amend (1)
1189		-	introductory portion, (1)(a)(I), (1)(a)(II) introductory portion, (1)(a)(III),
1190		-	and (1)(a)(IV) as follows:
1191		-	13-64-301. Financial responsibility. (1) As a condition of active
1192		-	licensure or authority to practice in this state, every physician, dentist,
1193		-	PAGE 28-SENATE BILL 22-219 DENTAL THERAPIST, or dental hygienist; every physician assistant who has
1194		-	been practicing for at least three years; and every health-care institution as
1195		-	defined in section 13-64-202, except as provided in section 13-64-303.5,
1196		-	that provides health-care services shall establish financial responsibility, as
1197		-	follows:
1198		-	(a) (I) (A) If a dentist, by maintaining commercial professional
1199		-	liability insurance coverage with an insurance company authorized to do
1200		-	business in this state or an eligible nonadmitted insurer allowed to insure in
1201		-	Colorado pursuant to article 5 of title 10, C.R.S.,
1202		-	in a minimum indemnity
1203		-	amount of five hundred thousand dollars per incident and one million five
1204		-	hundred thousand dollars annual aggregate per year; except that this
1205		-	requirement is not applicable to a dentist who is a public employee under
1206		-	the "Colorado Governmental Immunity Act", article 10 of title 24. C.R.S.
1207		-	(B) A licensed dental hygienist must have MAINTAIN professional
1208		-	liability insurance in an amount not less than fifty thousand dollars per
1209		-	claim and with an aggregate liability limit for all claims during a calendar
1210		-	year of not less than three hundred thousand dollars; except that this
1211		-	requirement does not apply to a licensed dental hygienist who is a public
1212		-	employee under the "Colorado Governmental Immunity Act", article 10 of
1213		-	title 24. C.R.S.
1214		-	(C) A LICENSED DENTAL THERAPIST MUST MAINTAIN PROFESSIONAL
1215		-	LIABILITY INSURANCE IN AN AMOUNT NOT LESS THAN FIVE HUNDRED
1216		-	THOUSAND DOLLARS PER INCIDENT AND ONE MILLION FIVE HUNDRED
1217		-	THOUSAND DOLLARS ANNUAL AGGREGATE PER YEAR
1218		-	; EXCEPT THAT THIS
1219		-	REQUIREMENT IS NOT APPLICABLE TO A DENTAL THERAPIST WHO IS A PUBLIC
1220		-	EMPLOYEE UNDER THE
1221		-	"COLORADO GOVERNMENTAL IMMUNITY ACT",
1222		-	ARTICLE 10 OF TITLE 24.
1223		-	(II) The Colorado dental board, by rule, may exempt from or
1224		-	establish lesser financial responsibility standards than those prescribed in
1225		-	this section for classes of
1226		-	LICENSED dentists, and licensed
1227		-	DENTAL
1228		-	THERAPISTS
1229		-	, AND dental hygienists who:
1230		-	(III) The Colorado dental board may exempt from or establish lesser
1231		-	financial responsibility standards for a
1232		-	LICENSED dentist, DENTAL
1233		-	THERAPIST
1234		-	, or licensed
1235		-	dental hygienist for reasons other than those
1236		-	described in subparagraph (II) of this paragraph (a) SUBSECTION (1)(a)(II)
1237		-	PAGE 29-SENATE BILL 22-219 OF THIS SECTION that render the limits provided in subparagraph (I) of this
1238		-	paragraph (a) SUBSECTION (1)(a)(I) OF THIS SECTION unreasonable or
1239		-	unattainable.
1240		-	(IV) Nothing in this paragraph (a) SUBSECTION (1)(a) shall preclude
1241		-	or otherwise prohibit a licensed dentist,
1242		-	DENTAL THERAPIST, or licenseddental hygienist from rendering appropriate patient care on an occasional basis when the circumstances surrounding the need for care so warrant.
1243		-	SECTION 35. In Colorado Revised Statutes, 19-3-304, amend
1244		-	(2)(o) as follows:
1245		-	19-3-304. Persons required to report child abuse or neglect.
1246		-	(2) Persons required to report such abuse or neglect or circumstances or
1247		-	conditions include any:
	1200	+	DENTAL THERAPIST, or dental hygienist7
	1201	+	governed by article 220 of title 12 performing the practice of dentistry,8
	1202	+	DENTAL THERAPY, or dental hygiene, as defined in section 12-220-1049
	1203	+	and as described in section
	1204	+	SECTIONS 12-220-305, 12-220-402,10
	1205	+	12-220-403,
	1206	+	AND 12-220-507; as a volunteer for a nonprofit organization,11
	1207	+	nonprofit corporation, governmental entity, or hospital; or a dentist,12
	1208	+	DENTAL THERAPIST, or dental hygienist who holds a license in good13
	1209	+	standing from another state performing the practice of dentistry,
	1210	+	DENTAL14
	1211	+	THERAPY, or dental hygiene, as defined in section 12-220-104 and as15
	1212	+	described in section
	1213	+	SECTIONS 12-220-305, 12-220-402, 12-220-403, AND16
	1214	+	12-220-507, as a volunteer for a nonprofit organization, nonprofit17
	1215	+	corporation, governmental entity, or hospital pursuant to section18
	1216	+	12-220-302 (1)(j); and19
	1217	+	SECTION 34. In Colorado Revised Statutes, 13-64-301, amend20
	1218	+	(1) introductory portion, (1)(a)(I), (1)(a)(II) introductory portion,21
	1219	+	(1)(a)(III), and (1)(a)(IV) as follows:22
	1220	+	13-64-301. Financial responsibility. (1) As a condition of active23
	1221	+	licensure or authority to practice in this state, every physician, dentist,24
	1222	+	DENTAL THERAPIST, or dental hygienist; every physician assistant who has25
	1223	+	been practicing for at least three years; and every health-care institution26
	1224	+	as defined in section 13-64-202, except as provided in section27
	1225	+	219
	1226	+	-35- 13-64-303.5, that provides health-care services shall establish financial1
	1227	+	responsibility, as follows:2
	1228	+	(a) (I) (A) If a dentist, by maintaining commercial professional3
	1229	+	liability insurance coverage with an insurance company authorized to do4
	1230	+	business in this state or an eligible nonadmitted insurer allowed to insure5
	1231	+	in Colorado pursuant to article 5 of title 10, C.R.S., in a minimum6
	1232	+	indemnity amount of five hundred thousand dollars per incident and one7
	1233	+	million five hundred thousand dollars annual aggregate per year; except8
	1234	+	that this requirement is not applicable to a dentist who is a public9
	1235	+	employee under the "Colorado Governmental Immunity Act", article 1010
	1236	+	of title 24. C.R.S.11
	1237	+	(B) A licensed dental hygienist must have MAINTAIN professional12
	1238	+	liability insurance in an amount not less than fifty thousand dollars per13
	1239	+	claim and with an aggregate liability limit for all claims during a calendar14
	1240	+	year of not less than three hundred thousand dollars; except that this15
	1241	+	requirement does not apply to a licensed dental hygienist who is a public16
	1242	+	employee under the "Colorado Governmental Immunity Act", article 1017
	1243	+	of title 24. C.R.S.18
	1244	+	(C) A
	1245	+	LICENSED DENTAL THERAPIST MUST MAINTAIN19
	1246	+	PROFESSIONAL LIABILITY INSURANCE IN AN AMOUNT NOT LESS THAN FIVE20
	1247	+	HUNDRED THOUSAND DOLLARS PER INCIDENT AND ONE MILLION FIVE21
	1248	+	HUNDRED THOUSAND DOLLARS ANNUAL AGGREGATE PER YEAR ; EXCEPT22
	1249	+	THAT THIS REQUIREMENT IS NOT APPLICABLE TO A DENTAL THERAPIST23
	1250	+	WHO IS A PUBLIC EMPLOYEE UNDER THE "COLORADO GOVERNMENTAL24
	1251	+	I
	1252	+	MMUNITY ACT", ARTICLE 10 OF TITLE 24.25
	1253	+	(II) The Colorado dental board, by rule, may exempt from or26
	1254	+	establish lesser financial responsibility standards than those prescribed in27
	1255	+	219
	1256	+	-36- this section for classes of LICENSED dentists, and licensed DENTAL1
	1257	+	THERAPISTS, AND dental hygienists who:2
	1258	+	(III) The Colorado dental board may exempt from or establish3
	1259	+	lesser financial responsibility standards for a
	1260	+	LICENSED dentist, DENTAL4
	1261	+	THERAPIST, or licensed
	1262	+	dental hygienist for reasons other than those5
	1263	+	described in subparagraph (II) of this paragraph (a) SUBSECTION (1)(a)(II)6
	1264	+	OF THIS SECTION that render the limits provided in subparagraph (I) of this7
	1265	+	paragraph (a) SUBSECTION (1)(a)(I) OF THIS SECTION unreasonable or8
	1266	+	unattainable.9
	1267	+	(IV) Nothing in this paragraph (a) SUBSECTION (1)(a) shall10
	1268	+	preclude or otherwise prohibit a licensed dentist,
	1269	+	DENTAL THERAPIST, or11
	1270	+	licensed
	1271	+	dental hygienist from rendering appropriate patient care on an12
	1272	+	occasional basis when the circumstances surrounding the need for care so13
	1273	+	warrant.14
	1274	+	SECTION 35. In Colorado Revised Statutes, 19-3-304, amend15
	1275	+	(2)(o) as follows: 16
	1276	+	19-3-304. Persons required to report child abuse or neglect.17
	1277	+	(2) Persons required to report such abuse or neglect or circumstances or18
	1278	+	conditions include any:19
1248	1279		(o) Dental
1249		-	THERAPIST OR DENTAL hygienist;
1250		-	SECTION 36. In Colorado Revised Statutes, add 23-5-148 as
1251		-	follows:
1252		-	23-5-148. Dental therapy training programs - authorization to
	1280	+	THERAPIST OR DENTAL hygienist;20
	1281	+	SECTION 36. In Colorado Revised Statutes, add 23-5-148 as21
	1282	+	follows:22
	1283	+	23-5-148. Dental therapy training programs - authorization to23
1253	1284		grant advanced standing - definition. (1) A
1254		-	S USED IN THIS SECTION,
	1285	+	S USED IN THIS SECTION,24
1255	1286		"
1256		-	STATE INSTITUTION OF HIGHER EDUCATION" HAS THE SAME MEANING AS SET
1257		-	FORTH IN SECTION
1258		-	23-18-102 (10)(a).
	1287	+	STATE INSTITUTION OF HIGHER EDUCATION " HAS THE SAME MEANING AS25
	1288	+	SET FORTH IN SECTION 23-18-102 (10)(a).26
1259	1289		(2) A
1260		-	STATE INSTITUTION OF HIGHER EDUCATION OFFERING AN
1261		-	~~ACCREDITED DENTAL THERAPY TRAINING PROGRAM MAY GRANT ADVANCED~~
1262		-	~~STANDING TOWARD COMPLETION OF AN~~ ACCREDITED DENTAL THERAPY
1263		-	~~PROGRAM IF A STUDENT DEMONSTRATES PAST~~ COMPLETION OF ~~CURRICULUM~~
1264		-	~~THAT MEETS OR EXCEEDS THE CONTENT STANDARDS FOR ONE OR MORE~~
1265		-	~~COURSES~~ THAT ~~COMPRISE~~ THE ~~DENTAL THERAPY CURRICULUM ACCREDITED~~
1266		-	BY THE
1267		-	AMERICAN DENTAL ASSOCIATION'~~S COMMISSION ON DENTAL~~
1268		-	ACCREDITATION
1269		-	~~, OR ITS SUCCESSOR~~ ORGANIZATION.
1270		-	SECTION 37. In Colorado Revised Statutes, 25-1-108.7, ~~amend~~
1271		-	(3)(f) as follows:
1272		-	25-1-108.7. Health care credentials uniform application act -
1273		-	legislative declaration - definitions - state board of health rules. ~~(3) As~~
1274		-	~~PAGE 30-SENATE~~ ~~BILL 22-219~~ used in this section, unless the context otherwise requires:
	1290	+	STATE INSTITUTION OF HIGHER EDUCATION OFFERING AN27
	1291	+	219
	1292	+	-37- ACCREDITED DENTAL THERAPY TRAINING PROGRAM MAY GRANT1
	1293	+	ADVANCED STANDING TOWARD COMPLETION OF AN ACCREDITED DENTAL2
	1294	+	THERAPY PROGRAM IF A STUDENT DEMONSTRATES PAST COMPLETION OF3
	1295	+	CURRICULUM THAT MEETS OR EXCEEDS THE CONTENT STANDARDS FOR4
	1296	+	ONE OR MORE COURSES THAT COMPRISE THE DENTAL THERAPY5
	1297	+	CURRICULUM ACCREDITED BY THE AMERICAN DENTAL ASSOCIATION'S6
	1298	+	COMMISSION ON DENTAL ACCREDITATION , OR ITS SUCCESSOR7
	1299	+	ORGANIZATION.8
	1300	+	SECTION 37. In Colorado Revised Statutes, 25-1-108.7, amend9
	1301	+	(3)(f) as follows:10
	1302	+	25-1-108.7. Health care credentials uniform application act -11
	1303	+	legislative declaration - definitions - state board of health rules.12
	1304	+	(3) As used in this section, unless the context otherwise requires:13
1275	1305		(f) "Health-care professional" means a physician, dentist,
1276		-	DENTAL
1277		-	THERAPIST
1278		-	, dental hygienist, chiropractor, podiatrist, psychologist,
	1306	+	DENTAL14
	1307	+	THERAPIST, dental hygienist, chiropractor, podiatrist, psychologist,15
1279	1308		advanced practice
1280		-	REGISTERED nurse, optometrist, physician assistant,
1281		-	licensed clinical social worker, child health associate, marriage and family
1282		-	therapist, or other health-care professional who is registered, certified, or
1283		-	licensed pursuant to title 12; C.R.S.; who is subject to credentialing; and
1284		-	who practices, or intends to practice, in Colorado.
1285		-	SECTION 38. In Colorado Revised Statutes, 25-1-1202, amend
1286		-	(1)(k) as follows:
1287		-	25-1-1202. Index of statutory sections regarding medical record
1288		-	confidentiality and health information. (1) Statutory provisions
1289		-	concerning policies, procedures, and references to the release, sharing, and
1290		-	use of medical records and health information include the following:
1291		-	(k) Section 12-220-201, concerning disciplinary actions against
1292		-	dentists,
1293		-	DENTAL THERAPISTS, and dental hygienists;
1294		-	SECTION 39. In Colorado Revised Statutes, amend 25.5-4-411
1295		-	as follows:
1296		-	25.5-4-411. Authorization of services provided by dental
1297		-	hygienists. (1) When dental hygiene services are provided to children by
	1309	+	REGISTERED nurse, optometrist, physician assistant,16
	1310	+	licensed clinical social worker, child health associate, marriage and17
	1311	+	family therapist, or other health-care professional who is registered,18
	1312	+	certified, or licensed pursuant to title 12; C.R.S.;
	1313	+	who is subject to19
	1314	+	credentialing; and who practices, or intends to practice, in Colorado.20
	1315	+	SECTION 38. In Colorado Revised Statutes, 25-1-1202, amend21
	1316	+	(1)(k) as follows:22
	1317	+	25-1-1202. Index of statutory sections regarding medical23
	1318	+	record confidentiality and health information. (1) Statutory provisions24
	1319	+	concerning policies, procedures, and references to the release, sharing,25
	1320	+	and use of medical records and health information include the following:26
	1321	+	(k) Section 12-220-201, concerning disciplinary actions against27
	1322	+	219
	1323	+	-38- dentists, DENTAL THERAPISTS, and dental hygienists;1
	1324	+	SECTION 39. In Colorado Revised Statutes, amend 25.5-4-4112
	1325	+	as follows:3
	1326	+	25.5-4-411. Authorization of services provided by dental4
	1327	+	hygienists. (1) When dental hygiene services are provided to children by5
1298	1328		a licensed dental hygienist
1299	1329		OR DENTAL THERAPIST who is providing dental
1300		-	hygiene services pursuant to section 12-220-503 without the supervision of
1301		-	a licensed dentist, the executive director of the state department shall
1302		-	authorize reimbursement for said services, subject to the requirements of
1303		-	this section. Payment for the services shall be made directly to the licensed
1304		-	dental hygienist
1305		-	OR DENTAL THERAPIST, if requested by the licensed dental
1306		-	hygienist
1307		-	OR DENTAL THERAPIST; except that this section shall
1308		-	DOES not
1309		-	apply to licensed dental hygienists
1310		-	OR DENTAL THERAPISTS when acting
1311		-	within the scope of their employment as salaried employees of public or
1312		-	private institutions, physicians, or dentists.
1313		-	(2) For each child provided dental hygiene services pursuant to this
1314		-	section, the dental hygienist
1315		-	OR DENTAL THERAPIST shall attempt to identify
1316		-	a dentist participating in medicaid for the child.
1317		-	PAGE 31-SENATE BILL 22-219 SECTION 40. Appropriation. (1) For the 2022-23 state fiscal
1318		-	year, $14,786 is appropriated to the department of regulatory agencies. This
1319		-	appropriation is from the division of professions and occupations cash fund
1320		-	created in section 12-20-105 (3), C.R.S. To implement this act, the
1321		-	department may use this appropriation for the purchase of legal services.
1322		-	(2) For the 2022-23 state fiscal year, $14,786 is appropriated to the
1323		-	department of law. This appropriation is from reappropriated funds received
1324		-	from the department of regulatory agencies under subsection (1) of this
1325		-	section and is based on an assumption that the department of law will
1326		-	require an additional 0.1 FTE. To implement this act, the department of law
1327		-	may use this appropriation to provide legal services for the department of
1328		-	regulatory agencies.
1329		-	SECTION 41. Act subject to petition - effective date -
1330		-	applicability. (1) This act takes effect January 1, 2023; except that, if a
1331		-	referendum petition is filed pursuant to section 1 (3) of article V of the state
1332		-	constitution against this act or an item, section, or part of this act within the
1333		-	ninety-day period after final adjournment of the general assembly, then the
1334		-	act, item, section, or part will not take effect unless approved by the people
1335		-	at the general election to be held in November 2022 and, in such case, will
1336		-	take effect January 1, 2023, or on the date of the official declaration of the
1337		-	vote thereon by the governor, whichever is later.
1338		-	PAGE 32-SENATE BILL 22-219 (2) This act applies to the practice of dental therapy on or after the
1339		-	applicable effective date of this act.
1340		-	____________________________ ____________________________
1341		-	Steve Fenberg Alec Garnett
1342		-	PRESIDENT OF SPEAKER OF THE HOUSE
1343		-	THE SENATE OF REPRESENTATIVES
1344		-	____________________________ ____________________________
1345		-	Cindi L. Markwell Robin Jones
1346		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
1347		-	THE SENATE OF REPRESENTATIVES
1348		-	APPROVED________________________________________
1349		-	(Date and Time)
1350		-	_________________________________________
1351		-	Jared S. Polis
1352		-	GOVERNOR OF THE STATE OF COLORADO
1353		-	PAGE 33-SENATE BILL 22-219
	1330	+	6
	1331	+	hygiene services pursuant to section 12-220-503 without the supervision7
	1332	+	of a licensed dentist, the executive director of the state department shall8
	1333	+	authorize reimbursement for said services, subject to the requirements of9
	1334	+	this section. Payment for the services shall be made directly to the10
	1335	+	licensed dental hygienist
	1336	+	OR DENTAL THERAPIST, if requested by the
	1337	+	11
	1338	+	licensed dental hygienist
	1339	+	OR DENTAL THERAPIST; except that this section
	1340	+	12
	1341	+	shall DOES not apply to licensed dental hygienists OR DENTAL THERAPISTS13
	1342	+	when acting within the scope of their employment as salaried employees14
	1343	+	of public or private institutions, physicians, or dentists.15
	1344	+	(2) For each child provided dental hygiene services pursuant to16
	1345	+	this section, the dental hygienist
	1346	+	OR DENTAL THERAPIST shall attempt to
	1347	+	17
	1348	+	identify a dentist participating in medicaid for the child.18
	1349	+	SECTION 40. Appropriation. (1) For the 2022-23 state fiscal19
	1350	+	year, $14,786 is appropriated to the department of regulatory agencies.20
	1351	+	This appropriation is from the division of professions and occupations21
	1352	+	cash fund created in section 12-20-105 (3), C.R.S. To implement this act,22
	1353	+	the department may use this appropriation for the purchase of legal23
	1354	+	services.24
	1355	+	(2) For the 2022-23 state fiscal year, $14,786 is appropriated to25
	1356	+	the department of law. This appropriation is from reappropriated funds26
	1357	+	received from the department of regulatory agencies under subsection (1)27
	1358	+	219
	1359	+	-39- of this section and is based on an assumption that the department of law1
	1360	+	will require an additional 0.1 FTE. To implement this act, the department2
	1361	+	of law may use this appropriation to provide legal services for the3
	1362	+	department of regulatory agencies.4
	1363	+	SECTION 41. Act subject to petition - effective date -5
	1364	+	applicability. (1) This act takes effect January 1, 2023; except that, if a6
	1365	+	referendum petition is filed pursuant to section 1 (3) of article V of the7
	1366	+	state constitution against this act or an item, section, or part of this act8
	1367	+	within the ninety-day period after final adjournment of the general9
	1368	+	assembly, then the act, item, section, or part will not take effect unless10
	1369	+	approved by the people at the general election to be held in November11
	1370	+	2022 and, in such case, will take effect January 1, 2023, or on the date of12
	1371	+	the official declaration of the vote thereon by the governor, whichever is13
	1372	+	later.14
	1373	+	(2) This act applies to the practice of dental therapy on or after the15
	1374	+	applicable effective date of this act.16
	1375	+	219
	1376	+	-40-