First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0401.03 Kristen Forrestal x4217 SENATE BILL 25-194 Senate Committees House Committees Health & Human Services A BILL FOR AN ACT C ONCERNING THE CONTINUATION OF THE "DENTAL PRACTICE ACT".101 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) Sunset Process - Senate Health and Human Services Committee. The bill makes changes to the "Dental Practice Act" (act) by: ! Continuing the act for 9 years, until 2034; ! Updating and adding definitions; ! Changing the makeup of the Colorado dental board (board); ! Requiring the attorney general, in addition to counseling the board, to counsel and advise the board's consultants; SENATE SPONSORSHIP Michaelson Jenet and Mullica, Cutter, Frizell HOUSE SPONSORSHIP Duran, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. ! Adding and updating the grounds for which the board may take disciplinary action against an applicant for licensure or a licensee; ! Allowing a licensee's submission to a mental or physical examination to satisfy the requirement to notify the board of a condition that would impair the licensee's ability to practice; ! Adding as exemptions to the act the volunteer practice of dentistry and dental hygiene under specific conditions; ! Repealing the exceptions that allow a dental therapist, dental hygienist, or dental assistant to perform certain dentistry practices and including additional tasks to the list of items included in the practice of dentistry; ! Clarifying that a dental assistant, dental hygienist, and dental therapist may perform tasks consistent with rules adopted by the board; ! Requiring providers who perform itinerant surgery to develop and maintain protocols for emergency follow-up care; ! Authorizing licensed dentists to prescribe orders electronically; ! Requiring a peer health assistance program selected as a designated provider for the dentist peer health assistance program to provide training and calibration to dentists who practice monitoring services; ! Authorizing dentists to self-refer to participate in a peer health assistance program or be referred by the board; ! Requiring an applicant for dental, dental hygienist, or dental therapy licensure to pass a jurisprudence examination that tests the applicant's knowledge of the act; ! Removing a requirement that dental education schools and programs must be accredited or approved by a specific entity; ! Requiring the board to adopt rules that allow for expedited, temporary licensure during a public health emergency; ! Repealing specific tasks that are currently authorized to be performed by a dental therapist; ! Updating procedures for the construction of dental devices by an unlicensed technician; ! Updating the list of practices that are considered to be the practice of unsupervised dental hygiene; ! Repealing the specific dosages of certain drugs that a dental hygienist may prescribe; ! Authorizing the board to adopt rules that identify safe prescribing alternatives to silver diamine fluoride as a SB25-194 -2- treatment for strengthening teeth and preventing tooth decay; ! Identifying tasks that are deemed to be practicing supervised dental hygiene; ! Requiring a dental hygienist performing an interim therapeutic restoration to confirm a referral for follow-up care with a dentist; ! Limiting the number of dental hygienists that a dentist may supervise; and ! Authorizing a dental therapist to perform specific tasks. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 12-220-104, amend2 (1), (4), (9)(a), and (10)(a); add (10.5) and (14.5); and add with3 amended and relocated provisions (5.3) as follows:4 12-220-104. Definitions - rules. As used in this article 220, unless5 the context otherwise requires:6 (1) "Accredited" means a program that is nationally recognized for7 specialized accrediting for dental, dental therapy, dental hygiene, and8 dental auxiliary programs by THE COMMISSION ON DENTAL9 A CCREDITATION OR A SPECIALTY ACCREDITING ORGANIZATION10 RECOGNIZED BY the United States department of education OR BY A11 SUCCESSOR ORGANIZATION OF THE COMMISSION OR THE BOARD .12 (4) "Dental hygiene" means the delivery of preventive,13 educational, and clinical services supporting total health for the control14 of oral disease; THE IMPACT OF THE DISEASE, DISORDER, OR CONDITION ON15 THE HUMAN BODY; and the promotion of oral health provided by a dental16 hygienist within the scope of the dental hygienist's education, training,17 and experience and in accordance with applicable law.18 (5.3) [Formerly 12-220-104 (11)] "D ENTAL laboratory work19 order" means:20 SB25-194-3- (a) The written instructions DOCUMENTED ORDER of a dentist1 licensed in Colorado authorizing another person to construct, reproduce,2 or repair any prosthetic denture, bridge, appliance, or other structure to3 function in the oral cavity, maxillofacial area, or adjacent and associated4 regions; AND5 (b) T HE DOCUMENTED ORDER OF A DENTAL HYGIENIST LICENSED6 IN THIS STATE AUTHORIZING ANOTHER PERSON TO CONSTRUCT ,7 REPRODUCE, OR REPAIR AN ORAL MEDICAMENT CARRIER .8 (9) (a) (I) "Indirect supervision" means the supervision of those9 tasks or procedures that do not require the presence of the dentist in the10 office or on the premises at the time the tasks or procedures are being11 performed but do require that the tasks be performed with the prior12 knowledge and consent of the dentist.13 (II) A DENTIST WHO PROVIDES INDIRECT SUPERVISION MUST HAVE14 AN ACTIVE LICENSE IN GOOD STANDING AND A PHYSICAL PRACTICE15 LOCATION IN THIS STATE OR WITHIN A REASONABLE PROXIMITY OF THE16 LOCATION WHERE THE SUPERVISED SERVICES ARE DELIVERED IN ORDER TO17 PROVIDE NECESSARY EMERGENCY CARE OR FOLLOW -UP CARE.18 (10) (a) "Interim therapeutic restoration" or "ITR" means a direct19 provisional restoration placed to stabilize a tooth until a licensed dentist20 OR DENTAL THERAPIST can assess the need for further definitive treatment.21 (10.5) "I TINERANT SURGERY" MEANS THE ELECTIVE ORAL AND22 MAXILLOFACIAL SURGERY PERFORME D IN NONACCREDITED SURGICAL OR23 TREATMENT FACILITIES OTHER THAN THE FACILITY OR FACILITIES OWNED24 OR LEASED BY THE PROFESSIONAL PRACTICE EMPLOYING THE25 PRACTITIONER OR SPECIALTY-LEVEL SURGICAL CARE PERFORMED BY A26 PRACTITIONER WHO IS NOT A GRADUATE OF AN ACCREDITED SURGICAL27 SB25-194 -4- SPECIALTY TRAINING PROGRAM IN A TREATMENT FACILITY .1 (14.5) (a) "T ELEDENTISTRY" MEANS TELEHEALTH METHODOLOGIES2 AND SYSTEMS THAT ARE USED IN A MANNER THAT IS COMPLIANT WITH THE3 FEDERAL "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT4 OF 1996", 42 U.S.C. SECS. 1320d TO 1320d-9, AS AMENDED, TO DELIVER5 ORAL HEALTH SERVICES IN DENTISTRY, INCLUDING INFORMATIONAL AND6 ELECTRONIC COMMUNICATION TECHNOLOGIES , REMOTE MONITORING7 TECHNOLOGIES, AND STORE-AND-FORWARD TRANSFERS, TO FACILITATE8 THE ASSESSMENT, DIAGNOSIS, CONSULTATION, COUNSELING, AND9 EDUCATION OF, OR TREATMENT PLANNING FOR , A PATIENT WHILE THE10 PATIENT IS LOCATED AT AN ORIGINATING SITE WITHOUT A DENTAL11 PRACTITIONER, AND THE DENTAL PRACTITIONER PROVIDING THE SERVICE12 IS AT A DISTANT SITE.13 (b) A S USED IN THIS SUBSECTION (14.5), "TELEHEALTH" MEANS A14 BROAD VARIETY OF TECHNOLOGIES AND TACTICS TO DELIVER VIRTUAL15 MEDICAL, HEALTH, AND EDUCATION SERVICES. "TELEHEALTH" IS NOT A16 SPECIFIC SERVICE BUT A COLLECTION OF MEANS TO ENHANCE CARE AND17 EDUCATION DELIVERY.18 SECTION 2. In Colorado Revised Statutes, 12-220-105, amend19 (1)(b)(I), (1)(b)(III)(B), (1)(b)(III)(C), and (5); and repeal (1)(b)(II) and20 (1)(c)(II) as follows:21 12-220-105. Colorado dental board - qualifications of board22 members - quorum - panel - rules - review of functions - repeal of23 article. (1) (b) (I) Except as provided in subsection (1)(b)(II) of this 24 section, The board consists of seven dentist members, three dental25 hygienist members, and three members from the public at large. The26 governor shall appoint each member for a term of four years, and each27 SB25-194 -5- member must have the qualifications provided in this article 220. A1 member shall not serve more than two consecutive terms of four years.2 Each board member holds office until the member's term expires or until3 the governor appoints a successor. This subsection (1)(b)(I) is repealed,4 effective December 1, 2031.5 (II) (A) Effective July 1, 2031, the board consists of seven dentist6 members, two dental therapist members, two dental hygienist members,7 and two members from the public at large. The governor shall appoint8 each member for a term of four years, and each member must have the9 qualifications provided in this article 220. A member shall not serve more10 than two consecutive terms of four years. Each board member holds11 office until the member's term expires or until the governor appoints a12 successor.13 (B) A member serving on the board as of June 30, 2031, may14 serve the member's full term.15 (III) A person is qualified to be appointed to the board if the16 person:17 (B) Is currently licensed as a dentist dental therapist, or dental18 hygienist, if fulfilling that position on the board; and19 (C) Has been actively engaged in a clinical practice in this state20 for at least five years immediately preceding the appointment, if fulfilling21 the position of dentist dental therapist, or dental hygienist on the board. 22 (c) (II) (A) In making appointments of dental therapists to the23 board, the governor shall appoint individuals who are diverse with regard24 to race, ethnicity, immigration status, income, wealth, age, ability, sexual25 orientation, gender identity, and geography.26 (B) In considering the racial and ethnic diversity of the dental27 SB25-194 -6- therapists appointed to the board, the governor shall attempt to ensure that1 at least one member is a person of color.2 (C) In considering the geographic diversity of the dental therapists3 appointed to the board, the governor shall attempt to appoint members4 from both rural and urban areas of the state.5 (5) (a) THIS ARTICLE 220 IS REPEALED, EFFECTIVE SEPTEMBER 1,6 2034. Before the repeal, of this article 220 pursuant to subsection (5)(b)7 of this section, all functions of the board are scheduled for review in8 accordance with section 24-34-104.9 (b) This article 220 is repealed, effective September 1, 2025.10 SECTION 3. In Colorado Revised Statutes, 12-220-106, amend11 (1)(a) introductory portion and (2); and add (1)(a)(VI) as follows:12 12-220-106. Powers and duties of board - rules - limitation on13 authority. (1) The board shall exercise, in accordance with this article14 220, the following powers and duties:15 (a) Make ADOPT, publish, declare, and periodically review16 reasonable rules pursuant to section 12-20-204, including rules regarding:17 (VI) C RITERIA AND PROCEDURES FOR RECRUITING , TRAINING, AND18 CALIBRATING PRACTICE MONITORS THAT ASSIST LICENSEES PARTICIPATING19 IN PEER HEALTH ASSISTANCE PROGRAMS DESCRIBED IN SECTIONS20 12-220-310 AND 12-220-507;21 (2) The board may recognize those dental specialties defined by22 the American Dental Association NATIONAL COMMISSION ON23 R ECOGNITION OF DENTAL SPECIALTIES AND CERTIFYING BOARDS OR THE24 U NITED STATES DEPARTMENT OF EDUCATION .25 SECTION 4. In Colorado Revised Statutes, amend 12-220-10826 as follows:27 SB25-194 -7- 12-220-108. Attorney general shall represent board and1 members. The attorney general of the state of Colorado shall counsel2 with and advise the board MEMBERS AND THE BOARD 'S CONSULTANTS in3 connection with its THE BOARD'S duties and responsibilities under4 DESCRIBED IN this article 220. If litigation is brought against the board or5 any of its individual members OR CONSULTANTS in connection with6 actions taken by the board or any of its members under this article 2207 and the actions are free of malice, fraud, or willful neglect of duty, the8 attorney general shall defend the litigation without cost to the board or to9 any individual member of the board.10 SECTION 5. In Colorado Revised Statutes, 12-220-201, amend11 (1)(n), (1)(s), (1)(ii), and (1)(oo); and add (1)(qq), (1)(rr), and (1)(ss) as12 follows:13 12-220-201. Grounds for disciplinary action - definition.14 (1) The board may take disciplinary action against an applicant or15 licensee in accordance with sections 12-20-4.04 and 12-220-202 for any16 of the following causes:17 (n) Refusing to make patient records available to a patient,18 PATIENT REPRESENTATIVE , OR PREVIOUS OR CURRENT TREATMENT19 PROVIDER WITHIN SEVEN CALENDAR DAYS AFTER A WRITTEN REQUEST20 pursuant to a written authorization request under section 25-1-802;21 (s) Failing to furnish unlicensed persons with DENTAL laboratory22 work orders pursuant to section 12-220-502;23 (ii) Advertising or otherwise holding oneself out to the public as24 practicing a dental specialty in which the dentist has not successfully25 completed the education specified for the dental specialty as defined by26 the American Dental Association NATIONAL COMMISSION ON27 SB25-194 -8- RECOGNITION OF DENTAL SPECIALTIES AND CERTIFYING BOARDS OR THE1 U NITED STATES DEPARTMENT OF EDUCATION ;2 (oo) Failing to comply with sections 12-220-501 (1)(a)(II)(C) and 3 12-220-503 (1)(g) SECTION 12-220-503 (1)(g) and rules adopted pursuant4 to those sections THAT SECTION regarding the application of silver5 diamine fluoride; or6 (qq) P RACTICING OUTSIDE THE SCOPE OF AN ARTICULATED PLAN7 DEVELOPED IN ACCORDANCE WITH SECTION 12-220-503 OR 12-220-5088 (2);9 (rr) P URCHASING OR USING AN ELECTRONIC HEALTH RECORD10 PRODUCT THAT DOES NOT INCLUDE INTEGRATION OF A TOOL THAT11 FACILITATES DENTISTS' COMPLIANCE WITH PRESCRIPTION DRUG12 MONITORING STANDARDS AS REQUIRED BY SECTION 12-30-114 (1)(a)(VI);13 OR14 (ss) T HE FAILURE OF A PROVIDER PERFORMING ITINERANT ORAL15 SURGERY TO PROVIDE REQUIRED FOLLOW -UP CARE, INCLUDING THE16 FAILURE TO PROVIDE A CARE PLAN OUTLINING FOLLOW -UP CARE IN A17 FACILITY OR TO BE PERFORMED BY A DIFFERENT PROVIDER WITHIN A18 REASONABLE DISTANCE FROM THE OFFICE WHERE THE PROCEDURE WILL BE19 PERFORMED IF THE ORIGINAL TREATING PROVIDER IS UNAVAILABLE TO20 PROVIDE THE FOLLOW-UP CARE. REFERRAL TO AN URGENT CARE CENTER21 OR HOSPITAL EMERGENCY DEPARTMENT DOES NOT FULFILL THE22 REQUIREMENT FOR FOLLOW-UP CARE AND WOULD BE IN VIOLATION OF THIS23 POLICY.24 SECTION 6. In Colorado Revised Statutes, 12-220-206, add (4)25 and (5) as follows:26 12-220-206. Mental and physical examinations. (4) A27 SB25-194 -9- LICENSEE'S SUBMISSION TO A MENTAL OR PHYSICAL EXAMINATION BY THE1 QUALIFIED PROFESSIONAL DESIGNATED BY THE BOARD SATISFIES ANY2 REQUIREMENT TO NOTIFY THE BOARD OF A PHYSICAL OR MENTAL HEALTH3 CONDITION THAT MAY IMPACT THE LICENSEE 'S ABILITY TO PRACTICE WITH4 REASONABLE SKILL AND SAFETY PURSUANT TO SECTION 12-30-108 (1),5 12-220-201 (1)(j)(I), OR 12-220-310 (3).6 (5) N OTIFICATION REQUIREMENTS DESCRIBED IN SECTION7 12-30-108 (1), 12-220-201 (1)(j)(I), OR 12-220-310 (3) BEGIN UPON8 DISCHARGE OF A LICENSEE ENROLLED IN INPATIENT TREATMENT FOR A9 SERIOUS MENTAL HEALTH OR PHYSICAL CONDITION .10 SECTION 7. In Colorado Revised Statutes, 12-220-302, amend11 (1)(b), (1)(f), (1)(g), and (1)(j); and add (1)(k) and (1)(l) as follows:12 12-220-302. Persons exempt from operation of this article.13 (1) This article 220 does not apply to the following practices, acts, and14 operations:15 (b) The administration of an anesthetic FOR A DENTAL OPERATION16 by a qualified anesthetist LICENSED PURSUANT TO ARTICLE 240 OF THIS17 TITLE 12 or registered A nurse for a dental operation LICENSED OR18 REGISTERED PURSUANT TO ARTICLE 255 OF THIS TITLE 12;19 (f) The practice of dentistry, dental therapy, or dental hygiene by20 dentists, dental therapists, or dental hygienists licensed in good standing21 by other states or countries while appearing in ACCREDITED OR22 BOARD-APPROVED programs of dental education or research, at the23 invitation of any group of licensed dentists, dental therapists, or dental24 hygienists in this state who are in good standing, so long as the practice25 is limited to five consecutive days in a twelve-month period and the name26 of each person engaging in the practice is submitted to the board, in27 SB25-194 -10- writing and on a form A FORMAT approved by the board, at least ten days1 before the person performs the practice;2 (g) The filling of DENTAL laboratory work orders of a licensed3 dentist, as provided by section 12-220-502, by any person, association,4 corporation, or other entity for the construction, reproduction, or repair5 of prosthetic dentures, bridges, plates, or appliances to be used or worn6 as substitutes for natural teeth or for restoration of natural teeth, or7 replacement of structures relating to the jaws, maxillofacial area, or8 adjacent and associated structures;9 (j) The practice of dentistry dental therapy, or dental hygiene by10 dentists dental therapists, or dental hygienists licensed in good standing11 by other states while providing care as a volunteer, at the invitation of any12 group of licensed dentists, dental therapists, or dental hygienists in this13 state who are in good standing, so long as the practice is limited to five14 consecutive days in a twelve-month period and the name of each person15 engaging in the practice is submitted to the board, in writing and on a16 form A FORMAT approved by the board, at least ten days before the person17 performs the practice;18 (k) T HE PRACTICE OF DENTAL THERAPY BY DENTAL THERAPISTS19 LICENSED IN GOOD STANDING BY OTHER STATES WHILE PROVIDING CARE20 AS A VOLUNTEER, AT THE INVITATION OF ANY GROUP OF LICENSED21 DENTISTS, DENTAL THERAPISTS, OR DENTAL HYGIENISTS IN THIS STATE22 WHO ARE IN GOOD STANDING , SO LONG AS THE PRACTICE IS LIMITED TO23 FIVE CONSECUTIVE DAYS IN A TWELVE-MONTH PERIOD AND THE NAME OF24 EACH PERSON ENGAGING IN THE PRACTICE IS SUBMITTED TO THE BOARD ,25 IN A FORMAT APPROVED BY THE BOARD , AT LEAST TEN DAYS BEFORE THE26 PERSON PERFORMS THE PRACTICE , AND THE DENTAL THERAPISTS TREAT27 SB25-194 -11- PATIENTS ONLY UNDER DIRECT SUPERVISION OF A LICENSED DENTIST IN1 COMPLIANCE WITH SECTION 12-220-508; OR2 (l) T HE PRACTICE OF DENTAL HYGIENE BY DENTAL HYGIENISTS3 LICENSED IN GOOD STANDING BY OTHER STATES WHILE PROVIDING CARE4 AS A VOLUNTEER, AT THE INVITATION OF ANY GROUP OF LICENSED5 DENTISTS, DENTAL THERAPISTS, OR DENTAL HYGIENISTS IN THIS STATE6 WHO ARE IN GOOD STANDING , SO LONG AS THE PRACTICE IS LIMITED TO7 FIVE CONSECUTIVE DAYS IN A TWELVE-MONTH PERIOD AND THE NAME OF8 EACH PERSON ENGAGING IN THE PRACTICE IS SUBMITTED TO THE BOARD ,9 IN A FORMAT APPROVED BY THE BOARD , AT LEAST TEN DAYS BEFORE THE10 PERSON PERFORMS THE PRACTICE , AND THE DENTAL HYGIENISTS TREAT11 PATIENTS ONLY UNDER DIRECT SUPERVISION OF A LICENSED DENTIST .12 SECTION 8. In Colorado Revised Statutes, 12-220-303, amend13 (2)(a) and (3)(d) as follows:14 12-220-303. Ownership of dental or dental hygiene practice -15 information to be posted - heir to serve as temporary proprietor -16 limitations - definitions. (2) (a) The name, license number, ownership17 percentage, and other information, as required by the board, of each18 proprietor of a dental or dental hygiene practice, including an unlicensed19 heir who is the temporary proprietor of the practice, as specified in20 subsection (3) of this section, must be IMMEDIATELY AND PUBLICLY21 available at the reception desk of the dental or dental hygiene practice22 during the practice's hours of operation. The information required by this23 subsection (2)(a) must be available in a format approved by the board.24 (3) (d) The temporary proprietorship of a dental or dental hygiene25 practice by an unlicensed heir does MUST not affect the exercise of the26 independent professional judgment of the licensed dentist or dental27 SB25-194 -12- hygienist providing care to patients on behalf of the practice.1 SECTION 9. In Colorado Revised Statutes, 12-220-304, amend2 (3) as follows:3 12-220-304. Names and status under which dental practice4 may be conducted. (3) The practice of dentistry, dental therapy, or5 dental hygiene by a PROFESSIONAL SERVICE CORPORATION , limited6 liability company of licensees, or by a limited liability partnership of7 licensees is permitted subject to the limitations and requirements, insofar8 as are applicable, set forth in section 12-240-138 relating to a9 PROFESSIONAL SERVICE CORPORATION , limited liability company, or10 limited liability partnership for the practice of medicine.11 SECTION 10. In Colorado Revised Statutes, 12-220-305, amend12 (1)(a), (1)(b), (1)(c), (1)(j), (1)(k), (1)(l), (1)(m), (1)(n), (1)(p), (1)(q),13 (1)(r), and (2); and add (1)(s), (1)(t), (1)(u), and (3) as follows:14 12-220-305. What constitutes practicing dentistry - rules.15 (1) A person is practicing dentistry if the person:16 (a) Performs or attempts or professes to perform any dental17 operation, oral surgery, or dental diagnostic or therapeutic services of any18 kind; except that nothing in this subsection (1)(a) prohibits a dental 19 therapist, dental hygienist, or dental assistant from providing preventive20 dental or nutritional counseling, education, or instruction services;21 (b) Is a proprietor of a place where dental operation, oral surgery,22 or dental diagnostic or therapeutic services are performed; except that23 nothing in this subsection (1)(b) prohibits a dental therapist, dental24 hygienist, or dental assistant from performing those tasks and procedures25 consistent with section 12-220-501;26 (c) Directly or indirectly, by any means or method, takes A27 SB25-194 -13- PHYSICAL OR DIGITAL impression OR SCAN of the human tooth, teeth,1 jaws, maxillofacial area, or adjacent and associated structures; performs2 any phase of any operation incident to the replacement of a part of a3 tooth; or supplies artificial substitutes for the natural teeth, jaws, or4 adjacent and associated structures; except that nothing in this subsection5 (1)(c) prohibits a dental therapist, dental hygienist, or dental assistant6 from performing tasks and procedures consistent with sections7 12-220-501 (3)(b)(III), 12-220-503 (1)(d), and 12-220-508;8 (j) Extracts or attempts to extract human teeth or corrects, or9 attempts to correct, malformations of human teeth or jaws; except that10 this subsection (1)(j) does not prohibit a dental therapist from performing11 tasks and procedures consistent with section 12-220-508;12 (k) Repairs or fills cavities in human teeth; except that this13 subsection (1)(k) does not prohibit a dental therapist from performing14 tasks and procedures consistent with section 12-220-508;15 (l) Prescribes ionizing radiation or the use of an X ray for the16 purpose of taking dental X rays; or roentgenograms; except that nothing17 in this subsection (1)(l) prohibits these procedures from being delegated18 to appropriately trained personnel in accordance with this article 220 and19 rules of the board;20 (m) Gives or professes to give interpretations or readings of dental21 X rays, or roentgenograms, CT scans, or other diagnostic methodologies;22 except that nothing in this subsection (1)(m) prohibits a dental hygienist23 from performing tasks and procedures consistent with sections24 12-220-503 and 12-220-504 or a dental therapist from performing tasks25 consistent with section 12-220-508;26 (n) Represents himself or herself THEMSELF to an individual or the27 SB25-194 -14- general public as practicing dentistry by using the words "dentist" or1 "dental surgeon" or by using the letters "D.D.S.", "D.M.D.",2 "D.D.S./M.D.", or "D.M.D./M.D."; Nothing in this subsection (1)(n)3 prohibits a dental therapist, dental hygienist, or dental assistant from4 performing tasks and procedures consistent with section 12-220-501 (2),5 (2.5), or (3)(b).6 (p) Prescribes drugs or medications and administers local7 anesthesia, analgesia including nitrous oxide/oxygen inhalation,8 medication prescribed or administered for the relief of anxiety or9 apprehension, minimal sedation, moderate sedation, deep sedation, or10 general anesthesia as necessary for the proper practice of dentistry; except11 that nothing in this subsection (1)(p) prohibits:12 (I) A dental hygienist from performing those tasks and procedures13 consistent with sections 12-220-501, 12-220-503 (1)(e) and (1)(g), and14 12-220-504 (1)(c), and in accordance with rules promulgated by the15 board; or16 (II) A dental therapist from performing those tasks and procedures17 consistent with sections 12-220-501 (2.5) and 12-220-508 and in18 accordance with rules promulgated by the board.19 (q) Prescribes, induces, and sets dosage levels for inhalation20 anesthesia; except that nothing in this subsection (1)(q) prohibits the21 delegation of monitoring and administration to DENTAL HYGIENISTS AND22 appropriately trained UNLICENSED personnel in accordance with this23 article 220 and rules of the board, INCLUDING REQUIRING TRAINING;24 (r) Gives or professes to give interpretations or readings of dental25 charts or records or gives treatment plans or interpretations of treatment26 plans derived from examinations, patient records, OR dental X rays; or 27 SB25-194 -15- roentgenograms; except that nothing in this subsection (1)(r) prohibits a1 dental therapist, dental hygienist, or dental assistant from performing2 tasks and procedures consistent with sections 12-220-501 (2), (2.5) and3 (3), 12-220-503, 12-220-504, and 12-220-508;4 (s) M AINTAINS PATIENT CLINICAL RECORDS , DENTAL CHARTS,5 IMAGES, TREATMENT PLANS , INTERPRETATIONS , OR OTHER6 DOCUMENTATION, EXCEPT WHEN UNDERGOING A TRANSITION IN PRACTICE7 OWNERSHIP AS PERMITTED IN SECTION 12-220-303 (2);8 (t) P URSUANT TO RULES ADOPTED BY THE STATE BOARD OF9 HEALTH CREATED IN SECTION 25-1-103 AND PROVIDED TO THE COLORADO10 DENTAL BOARD, ORDERS AND ADMINISTERS IMMUNIZATIONS TO DENTAL11 PATIENTS OF RECORD IF THE PATIENTS ARE SIX YEARS OF AGE OR OLDER OR12 TO DENTAL PATIENTS OF RECORD UNDER SIX YEARS OF AGE IF THE13 PATIENTS ARE RECEIVING IMMUNIZATIONS IN CERTAIN HEALTH -CARE14 SETTINGS. THE COLORADO DENTAL BOARD SHALL ADOPT RULES15 REGARDING DELEGATION OF IMMUNIZATION ADMINISTRATION BY A16 LICENSED DENTIST TO A DENTAL THERAPIST OR DENTAL HYGIENIST .17 (u) O RDERS AND ADMINISTERS NEUROMODULATORS AND DERMAL18 FILLERS TO DENTAL PATIENTS OF RECORD FOR THERAPEUTIC AND19 COSMETIC PURPOSES PURSUANT TO RULES ADOPTED BY THE BOARD20 REGARDING REQUIRED TRAINING , ONGOING COMPETENCY , RECORD21 KEEPING, AND DELEGATION TO DENTAL HYGIENISTS .22 (2) A licensed dentist may prescribe orders electronically. THIS23 SECTION DOES NOT PROHIBIT:24 (a) A DENTAL ASSISTANT FROM PERFORMING TASKS AND25 PROCEDURES CONSISTENT WITH SECTION 12-220-501 AND IN ACCORDANCE26 WITH RULES ADOPTED BY THE BOARD ;27 SB25-194 -16- (b) A DENTAL HYGIENIST FROM PERFORMING TASKS AND1 PROCEDURES CONSISTENT WITH SECTIONS 12-220-501, 12-220-503, AND2 12-220-504 AND IN ACCORDANCE WITH RULES ADOPTED BY THE BOARD ;3 OR4 (c) A DENTAL THERAPIST FROM PERFORMING TASKS AND5 PROCEDURES CONSISTENT WITH SECTIONS 12-220-501 AND 12-220-5086 AND IN ACCORDANCE WITH RULES ADOPTED BY THE BOARD .7 (3) A PROVIDER PERFORMING ITINERANT SURGERY SHALL DEVELOP8 AND MAINTAIN A WRITTEN PROTOCOL FOR EMERGENCY FOLLOW -UP CARE9 WITH APPROPRIATELY TRAINED PRACTITIONERS FOR ALL PATIENTS10 TREATED. THE PLAN SHALL BE PROVIDED TO EACH PATIENT UNDERGOING11 TREATMENT AND MUST BE AVAILABLE IMMEDIATELY AT THE REQUEST OF12 THE BOARD. THE WRITTEN PROTOCOL MUST INCLUDE A PROVISION THAT13 REQUIRES THE PROVIDER TO INCLUDE IN A PLAN OF CARE FOLLOW -UP14 TREATMENT IN A PERMANENTLY ESTABLISHED TREATMENT FACILITY15 WITHIN A REASONABLE PROXIMITY OF THE LOCATION WHERE ITINERANT16 SURGICAL TREATMENT WAS PERFORMED . THIS FOLLOW-UP TREATMENT17 SHALL BE PROVIDED BY THE ITINERANT SURGICAL TREATMENT OPERATOR18 OR AN APPROPRIATELY TRAINED PRACTITIONER WHO HAS AGREED IN19 WRITING TO PARTICIPATE IN THE EMERGENCY FOLLOW -UP CARE PLAN FOR20 THE ITINERANT SURGICAL TREATMENT OPERATOR . THE APPROPRIATELY21 TRAINED PRACTITIONER MUST BE AVAILABLE WHEN THE ITINERANT22 SURGICAL OPERATOR IS NOT AVAILABLE .23 SECTION 11. In Colorado Revised Statutes, 12-220-306, amend24 (1)(a)(III) and (1)(b); and add (3) as follows:25 12-220-306. Dentists may prescribe drugs - surgical operations26 - anesthesia - limits on prescriptions - rules. (1) (a) A licensed dentist27 SB25-194 -17- is authorized to:1 (III) Administer, pursuant to A PERMIT REQUIRED BY SECTION2 12-220-411 AND PURSUANT TO board rules, local anesthesia, analgesia3 including nitrous oxide/oxygen inhalation, medication prescribed or4 administered for the relief of anxiety or apprehension, minimal sedation,5 moderate sedation, deep sedation, or general anesthesia; and6 (b) A dentist shall not prescribe, distribute, or give to any person,7 including the dentist THEMSELF, any habit-forming drug or any controlled8 substance, as defined in section 18-18-102 (5) or as contained in schedule9 II of 21 U.S.C. sec. 812, other than in the course of legitimate dental10 practice and pursuant to the rules promulgated ADOPTED by the board11 regarding controlled substance record keeping AND IN COMPLIANCE WITH12 THE ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES AS REQUIRED13 BY SECTION 12-30-111.14 (3) A LICENSED DENTIST MAY PRESCRIBE ORDERS15 ELECTRONICALLY.16 SECTION 12. In Colorado Revised Statutes, 12-220-310, amend17 (1)(a), (1)(b)(IV), (2)(b), and (5); and add (2)(d) and (4.5) as follows:18 12-220-310. Dentist peer health assistance program - fees -19 rules. (1) (a) Effective July 1, 2004, as a condition of renewal in this 20 state, every AN APPLICANT FOR A DENTIST LICENSE OR A dentist applying21 to renew the dentist's license must, AT THE TIME OF APPLICATION, pay to22 the administering entity that has been selected by the board pursuant to23 subsection (1)(b) of this section an amount A FEE not to exceed fifty-nine24 dollars per year, which maximum amount may be adjusted on January 1,25 2005, and annually thereafter by the board to reflect changes in the United26 States department of labor, LABOR'S bureau of labor statistics consumer27 SB25-194 -18- price index, OR A SUCCESSOR INDEX, for Denver-Aurora-Lakewood for all1 urban consumers or goods. or its successor index. The fee shall be used2 to support designated providers that have been selected by the board to3 provide assistance to dentists needing help in dealing with physical,4 emotional, or psychological problems that may be detrimental to their5 ability to practice dentistry. The fee shall MUST not exceed one hundred6 dollars per year per licensee.7 (b) The board shall select one or more peer health assistance8 programs as designated providers. To be eligible for designation by the9 board, a peer health assistance program must:10 (IV) Monitor the status of a dentist who has been referred for11 treatment, INCLUDING PROVIDING TRAINING AND CALIBRATION TO12 DENTISTS PROVIDING PRACTICE MONITORING SERVICES ;13 (2) (b) Notwithstanding sections 12-220-201 and 24-4-104, the14 board may immediately suspend the license of any A dentist who is15 referred to a peer health assistance program by the board and who fails to16 attend or complete the program. If the dentist objects to the suspension,17 the dentist may submit a written request to the board, IN A FORMAT18 APPROVED BY THE BOARD, for a formal hearing on the suspension within19 ten days after receiving notice of the suspension, and the board shall grant20 the request. In the hearing, the dentist bears the burden of proving that the21 dentist's license should not be suspended.22 (d) A DENTIST MAY SELF-REFER TO PARTICIPATE IN THE PEER23 HEALTH ASSISTANCE PROGRAM OR MAY BE REFERRED BY THE BOARD . A24 DENTIST WHO SELF-REFERS TO THE PEER HEALTH ASSISTANCE PROGRAM25 MAY DO SO CONFIDENTIALLY AND WITHOUT DIRECT NOTIFICATION TO THE26 BOARD. SUCH SELF-REFERRAL TO THE PEER HEALTH ASSISTANCE PROGRAM27 SB25-194 -19- SATISFIES BOARD NOTIFICATION REQUIREMENTS SET FORTH IN SECTION1 12-220-207 AND SUBSECTION (3) OF THIS SECTION; EXCEPT THAT THE PEER2 HEALTH ASSISTANCE PROGRAM SHALL REPORT KNOWLEDGE OF A3 DENTIST'S VIOLATION OF THIS ARTICLE 220 OR RULES OF THE BOARD,4 EXCLUDING OMISSIONS SOLELY RELATED TO VIOLATIONS OF SECTION5 12-220-201 (1)(e) OR (1)(f).6 (4.5) B EFORE THE RENEWAL OF A PEER ASSISTANCE VENDOR7 CONTRACT, THE BOARD SHALL CONDUCT A REVIEW OF THE SERVICES8 PROVIDED UNDER THE CONTRACT AND NEEDS AMONG THE LICENSEE9 COMMUNITY, WHICH MUST INCLUDE A PROCESS TO RECEIVE INPUT FROM10 STAKEHOLDERS AND THE PUBLIC .11 (5) The board is authorized to promulgate MAY ADOPT rules12 necessary to implement this section.13 SECTION 13. In Colorado Revised Statutes, 12-220-402, amend14 (1)(a) as follows:15 12-220-402. Dentist academic license. (1) (a) A dentist who is16 employed at an accredited school or college of dentistry in this state and17 who practices dentistry in the course of the dentist's employment18 responsibilities must either make written FILE AN application to the board19 for an academic license in accordance with this section, IN A FORMAT20 APPROVED BY THE BOARD , or otherwise become licensed pursuant to21 sections 12-220-401 and 12-220-403, as applicable.22 SECTION 14. In Colorado Revised Statutes, 12-220-403, amend23 (1) as follows:24 12-220-403. Examination - how conducted - dentist license25 issued to successful applicants. (1) An applicant for dental licensure26 must submit to the board proof that the applicant successfully passed the27 SB25-194 -20- following:1 (a) The examination administered by the Joint Commission on2 National Dental Examinations; and3 (b) An examination or other methodology, as determined by the4 board, designed to test the applicant's clinical skills and knowledge,5 which may include residency and portfolio models; AND6 (c) A JURISPRUDENCE EXAMINATION APPROVED BY THE BOARD7 AND DESIGNED TO TEST THE APPLICANT 'S KNOWLEDGE OF THIS ARTICLE8 220.9 SECTION 15. In Colorado Revised Statutes, 12-220-406, amend10 (1) as follows:11 12-220-406. Dental hygienist examinations - license. (1) Every12 applicant for dental hygiene licensure must submit to the board proof that13 the applicant successfully completed the following:14 (a) An examination administered by the Joint Commission on15 National Dental Examinations; and 16 (b) An examination designed to test the applicant's clinical skills17 and knowledge, which must be administered by a regional testing agency18 composed of at least four states or an examination of another state, or a19 methodology adopted by the board by rule that is designed to test the20 applicant's clinical skills and knowledge; AND21 (c) A JURISPRUDENCE EXAMINATION APPROVED BY THE BOARD22 AND DESIGNED TO TEST THE APPLICANT 'S KNOWLEDGE OF THIS ARTICLE23 220.24 SECTION 16. In Colorado Revised Statutes, 12-220-407.2,25 amend (1)(a) introductory portion and (1)(b) as follows:26 12-220-407.2. Application for dental therapist license - fee -27 SB25-194 -21- rules. (1) Effective May 1, 2023, every person who desires to qualify for1 practice as a dental therapist within this state must file with the board:2 (a) A written AN application for a license, IN A FORMAT APPROVED3 BY THE BOARD, on which application the applicant must list:4 (b) Satisfactory proof that the applicant:5 (I) Graduated from a school of dental therapy that, at the time of6 the applicant's graduation, was accredited; by the American Dental7 Association's commission on dental accreditation or its successor8 organization; or9 (II) Graduated from a dental therapy education program developed10 prior to February 6, 2015, that, at the time of the applicant's graduation,11 was accredited RECOGNIZED by the Minnesota board of dentistry or12 certified by the Alaska community health aide program certification13 board.14 SECTION 17. In Colorado Revised Statutes, 12-220-407.5,15 amend (1) as follows:16 12-220-407.5. Dental therapist examinations - license.17 (1) Every applicant for a dental therapy license must submit to the board18 proof that the applicant successfully completed:19 (a) A clinical examination for dental therapy that:20 (a) (I) Is designed to test the applicant's clinical dental therapy21 skills and knowledge;22 (b) (II) Includes dental therapy restorative and dental hygiene23 clinical skill evaluation; and24 (c) (III) Is administered by a regional testing agency composed of25 at least four states or an examination of another state; AND26 (b) A JURISPRUDENCE EXAMINATION APPROVED BY THE BOARD27 SB25-194 -22- AND DESIGNED TO TEST THE APPLICANT 'S KNOWLEDGE OF THIS ARTICLE1 220.2 SECTION 18. In Colorado Revised Statutes, 12-220-409, add (6)3 as follows:4 12-220-409. Inactive dental, dental therapist, or dental5 hygienist license - rules. (6) T HE BOARD SHALL ADOPT RULES THAT6 ALLOW AN EXPEDITED, TEMPORARY LICENSURE DURING PUBLIC HEALTH7 EMERGENCIES AND ACUTE WORKFORCE SHORTAGES FOR A DENTIST ,8 DENTAL HYGIENIST, OR DENTAL THERAPIST WHO HAS MAINTAINED A9 LICENSE IN GOOD STANDING WITH NO PAST DISCIPLINARY HISTORY PRIOR10 TO OBTAINING AN INACTIVE LICENSE. THE RULES MUST ADDRESS:11 (a) S UPERVISION OR PRACTICE MONITORING REQUIREMENTS ;12 (b) L IABILITY COVERAGE REQUIREMENTS ;13 (c) O THER CONDITIONS OF OR LIMITATION ON PRACTICE ; AND14 (d) T EMPORARY LICENSE TERMS , ADMINISTRATIVE APPROVALS ,15 TIMELINES, AND RENEWAL OPTIONS.16 SECTION 19. In Colorado Revised Statutes, 12-220-410, add (7)17 as follows:18 12-220-410. Retired dental, dental therapist, and dental19 hygienist licenses - rules. (7) T HE BOARD SHALL ADOPT RULES THAT20 ALLOW AN EXPEDITED, TEMPORARY LICENSURE DURING PUBLIC HEALTH21 EMERGENCIES AND ACUTE WORKFORCE SHORTAGES FOR A DENTIST ,22 DENTAL HYGIENIST, OR DENTAL THERAPIST WHO HAS MAINTAINED A23 LICENSE IN GOOD STANDING WITH NO PAST DISCIPLINARY HISTORY PRIOR24 TO OBTAINING AN INACTIVE LICENSE. THE RULES MUST ADDRESS:25 (a) S UPERVISION OR PRACTICE MONITORING REQUIREMENTS ;26 (b) L IABILITY COVERAGE REQUIREMENTS ;27 SB25-194 -23- (c) OTHER CONDITIONS OF OR LIMITATION ON PRACTICE ; AND1 (d) T EMPORARY LICENSE TERMS , ADMINISTRATIVE APPROVALS ,2 TIMELINES, AND RENEWAL OPTIONS.3 SECTION 20. In Colorado Revised Statutes, 12-220-412, amend4 (1) as follows:5 12-220-412. Change of address - duplicate licenses and6 certificates. (1) Every A person licensed under this article 220, upon7 changing the licensee's place of business OR CONTACT INFORMATION, shall8 furnish to the board the licensee's new mailing address AND EMAIL9 ADDRESS within thirty days after the change.10 SECTION 21. In Colorado Revised Statutes, 12-220-501, amend11 (1)(a), (3)(a)(VI), and (3)(b)(III); and repeal (2) as follows:12 12-220-501. Tasks authorized to be performed by dental13 therapists, dental hygienists, or dental assistants - rules.14 (1) (a) (I) Except as provided in subsection (1)(a)(II) of this section, The15 responsibility for dental diagnosis, dental treatment planning, or the16 prescription of therapeutic measures in the practice of dentistry remains17 with a licensed dentist and may not be assigned to any A dental therapist,18 or dental hygienist, OR DENTAL ASSISTANT.19 (II) A dental hygienist may:20 (A) Perform dental hygiene assessment, dental hygiene diagnosis,21 and dental hygiene treatment planning for dental hygiene services22 pursuant to section 12-220-503 (1)(f);23 (B) Identify dental abnormalities for immediate referral to a24 dentist as described in section 12-220-503 (1)(f); and25 (C) In collaboration with a licensed dentist, prescribe, administer,26 and dispense, as described in section 12-220-503 (1)(g): Fluoride,27 SB25-194 -24- fluoride varnish, silver diamine fluoride, antimicrobial solutions for1 mouth rinsing, other nonsystemic antimicrobial agents, and resorbable2 antimicrobial agents pursuant to rules of the board.3 (D) Repealed.4 (2) Except as provided in subsection (1) of this section, a dental5 hygienist may perform any dental task or procedure assigned to the6 hygienist by a licensed dentist that does not require the professional skill7 of a licensed dentist; except that the dental hygienist may perform the task8 or procedure only under the indirect supervision of a licensed dentist or9 as authorized in sections 12-220-503 and 12-220-504.10 (3) (a) A dental assistant shall not perform the following tasks:11 (VI) Scaling (supra and sub-gingival); as it pertains to the practice12 of dental hygiene;13 (b) A dental assistant may perform the following tasks under the14 indirect supervision of a licensed dentist:15 (III) Gathering and assembling information, including but not16 limited to fact-finding and patient history, oral inspection, and17 RECORDING OF dental and periodontal charting AS DICTATED BY A18 LICENSEE;19 SECTION 22. In Colorado Revised Statutes, amend 12-220-50220 as follows:21 12-220-502. Construction of dental devices by unlicensed22 technician. (1) (a) A licensed dentist who uses the services of an23 unlicensed technician for the purpose of constructing, altering, repairing,24 or duplicating any denture, bridge, splint, or orthodontic or prosthetic 25 appliance A LABORATORY-FABRICATED INTRAORAL OR MAXILLOFACIAL26 DENTAL PROSTHESIS, PRODUCT, OR APPLIANCE shall furnish the unlicensed27 SB25-194 -25- technician with a written or electronic DENTAL laboratory work order in1 a form approved by THAT COMPLIES WITH RULES OF the board, which form2 shall be dated and signed by the dentist for each separate and individual3 piece of work. The dentist shall make the DENTAL laboratory work order4 in a reproducible DOCUMENTED form, and the dentist and the unlicensed5 technician shall each retain a copy in a permanent file for two years AS A6 PERMANENT PART OF THE PATIENT RECORD . THE LABORATORY7 TECHNICIAN SHALL RETAIN A COPY OF THE DENTAL LABORATORY WORK8 ORDER IN A FILE FOR A MINIMUM OF TWO YEARS . The permanent files of9 the licensed dentist and the unlicensed technician must be open to10 inspection at any reasonable time by the board or its duly constituted11 agent. The licensed dentist that furnishes the DENTAL laboratory work12 order must have appropriate training, education, and experience related13 to the prescribed treatment and is responsible for directly supervising all14 intraoral treatment rendered to the patient.15 (b) I F A PATIENT'S CARE REQUIRES THAT MULTIPLE16 LABORATORY-FABRICATED INTRAORAL OR MAXILLOFACIAL DENTAL17 PROSTHESES OR APPLIANCES BE FABRICATED AT THE SAME TIME , IT IS18 PERMISSIBLE TO INCORPORATE THOSE PRODUCTS OR APPLIANCES INTO A19 SINGLE DENTAL LABORATORY WORK ORDER .20 (b) (c) An unlicensed technician that possesses a valid DENTAL21 laboratory work order may provide extraoral construction, manufacture,22 fabrication, supply, or repair of identified dental and orthodontic devices23 but shall not provide intraoral service in a human mouth except under the24 direct supervision of a licensed dentist in accordance with section25 12-220-501 (3)(d).26 (2) If the dentist fails to keep permanent records of DENTAL27 SB25-194 -26- laboratory work orders as required in subsection (1)(a) of this section, the1 dentist is subject to disciplinary action as deemed appropriate by the2 board.3 (3) If an unlicensed technician fails to have in the technician's4 possession a DENTAL laboratory work order signed by a licensed dentist5 with each denture, bridge, splint, or orthodontic or prosthetic appliance6 in the technician's possession, the absence of the DENTAL laboratory work7 order is prima facie evidence of a violation of this section and constitutes8 the practice of dentistry without an active license in violation of, and9 subject to the penalties specified in, section 12-220-211. 10 SECTION 23. In Colorado Revised Statutes, 12-220-503, amend11 (1) introductory portion, (1)(d)(II), (1)(d)(IV), (1)(d)(V), (1)(f), (1)(g)(I),12 (1)(g)(III)(A), (1)(g)(III)(B), (1)(g)(III)(C), (1)(g)(IV) introductory13 portion, (2), and (4); repeal (1)(g)(II)(A); and add (1)(d)(VI), (1)(e.5),14 and (1)(h) as follows:15 12-220-503. What constitutes practicing unsupervised dental16 hygiene - rules. (1) N OTWITHSTANDING SUBSECTION (3) OF THIS17 SECTION, unless licensed to practice dentistry, a person AN INDIVIDUAL is18 deemed to be practicing unsupervised dental hygiene when the person19 INDIVIDUAL, within the scope of the person's INDIVIDUAL'S education,20 training, and experience:21 (d) Gathers and assembles information, including but not limited22 to:23 (II) Preparation PROVISION of study casts for the purpose of24 fabricating a permanent record of the patient's present condition; as a25 visual aid for patient education, dental hygiene diagnosis, and dental26 hygiene treatment planning; and to provide assistance during forensic27 SB25-194 -27- examination OR DIGITAL SCANS;1 (IV) Dental CHARTING and periodontal PROBING AND charting; and 2 (V) Radiographic and X-ray survey for the purpose of assessing3 and diagnosing dental hygiene-related conditions for treatment planning4 for dental hygiene services as described in this section and identifying5 dental HARD AND SOFT TISSUE abnormalities for immediate referral to a6 dentist OR APPROPRIATE SPECIALIST; AND7 (VI) A DDITIONAL SCREENING OR SCREENING TESTS FOR FURTHER8 INVESTIGATION OF ANY ORAL OR SYSTEMIC HEALTH -RELATED CONCERN;9 AND10 (e.5) A DMINISTERS LOCAL ANESTHESIA IN COMPLIANCE WITH11 SECTION 12-220-411 AND RULES ADOPTED BY THE BOARD , INCLUDING12 MINIMUM EDUCATION REQUIREMENTS AND PROCEDURES FOR LOCAL13 ANESTHESIA ADMINISTRATION ;14 (f) Performs dental hygiene assessment, dental hygiene diagnosis,15 and dental hygiene treatment planning FOR HARD AND SOFT TISSUE for16 dental hygiene services as described in this section and identifies dental17 abnormalities for immediate referral to a dentist OR APPROPRIATE18 SPECIALIST; or19 (g) (I) Prescribes, administers, and dispenses fluoride, fluoride20 varnish, silver diamine fluoride FLUORIDES in accordance with subsection21 (1)(g)(IV) of this section, antimicrobial solutions for mouth rinsing, other22 nonsystemic antimicrobial agents, and related emergency drugs and23 reversal agents. in collaboration with a licensed dentist. The board, by24 rule, may further define the permissible and appropriate emergency drugs25 and reversal agents. An articulated plan with a collaborating dentist for26 dental hygiene prescribing must describe any protocols, restrictions or27 SB25-194 -28- limitations, follow-up and referral mechanisms, notification and1 disclosure requirements, and any other requirements established by the2 board by rule. Dental hygienists shall maintain clear documentation in the3 patient record of the drug or agent prescribed, administered, or dispensed;4 the date of the action; and the rationale for prescribing, administering, or5 dispensing the drug or agent.6 (II) A dental hygienist shall not prescribe, administer, or dispense7 the following:8 (A) Drugs whose primary effect is systemic, with the exception of9 fluoride supplements permitted under subsection (1)(g)(III)(A) of this10 section; and11 (III) A dental hygienist may prescribe the following:12 (A) Fluoride supplements; as follows, all using sodium fluoride:13 Tablets: 0.5 mg, 1.1 mg, or 2.2 mg; lozenges: 2.21 mg; and drops: 1.114 mL;15 (B) Topical anti-caries treatments, as follows, all using sodium16 fluoride unless otherwise indicated: Toothpastes: 1.1% or less (or17 stannous fluoride 0.4%); topical gels: 1.1% or less (or stannous fluoride18 0.4%); oral rinses: 0.05%, 0.2%, 0.44%, or 0.5%; oral rinse concentrate19 used in periodontal disease: 0.63% stannous fluoride; fluoride varnish:20 5%; silver diamine fluoride: 38%; and prophy pastes containing21 approximately 1.23% sodium fluoride and used for polishing procedures22 as part of professional dental prophylaxis treatment INCLUDING SODIUM23 FLUORIDE, STANNOUS FLUORIDE, SILVER DIAMINE FLUORIDE, AND OTHER24 SILVER FLUORIDES. THE BOARD MAY ADOPT RULES THAT IDENTIFY SAFE25 PRESCRIBING ALTERNATIVES TO SILVER DIAMINE FLUORIDE AS A26 TREATMENT FOR STRENGTHENING TEETH AND PREVENTING TOOTH DECAY .27 SB25-194 -29- (C) Topical anti-infectives, as follows: Chlorhexidine gluconate1 rinses: 0.12%; chlorhexidine gluconate periodontal chips for subgingival2 insertion into a periodontal pocket/sulcus; tetracycline impregnated fibers,3 inserted subgingivally into a periodontal pocket/sulcus; doxycycline4 hyclate periodontal gel, inserted subgingivally into a periodontal5 pocket/sulcus; and minocycline hydrochloride periodontal powder,6 inserted subgingivally into a periodontal pocket/sulcus INCLUDING7 CHLORHEXIDINE GLUCONATE RINSE , PERIODONTAL CHIPS, PERIODONTAL8 GELS, PERIODONTAL POWDERS , AND IMPREGNATED FIBERS FOR9 PERIODONTAL TREATMENT ; and10 (IV) A dental hygienist may prescribe and apply silver diamine11 fluoride AND OTHER SILVER FLUORIDES upon completion of a12 postsecondary course or continuing education course developed at the13 postsecondary level that satisfies the requirements established by the14 board and provides instructions on the use and limitations of applying15 silver diamine fluoride. A dental hygienist may complete the course16 described in this subsection (1)(g)(IV) through:17 (h) D IRECTS DENTAL ASSISTANTS TO ASSIST IN ACTIVITIES THAT18 ARE WITHIN THE SCOPE OF PRACTICE FOR A DENTAL HYGIENIST UNDER19 DIRECT SUPERVISION OF A DENTAL HYGIENIST ONLY; EXCEPT THAT DENTAL20 ASSISTANTS SHALL NOT PERFORM ACTIVITIES DISALLOWED UNDER SECTION21 12-220-501 (3)(a).22 (2) A dental hygienist shall state in writing and require a patient23 to acknowledge by signature that any diagnosis or assessment is for the24 purpose of determining necessary dental hygiene services only. and that 25 it is recommended by the American Dental Association, or any successor26 organizations, that a thorough dental examination be performed by a27 SB25-194 -30- dentist twice each year.1 (4) (a) Notwithstanding section 12-220-104 (13) or 12-220-3052 (1)(b), AND CONSISTENT WITH SECTION 12-220-303, a dental hygienist3 may be the proprietor of a place where supervised or unsupervised dental4 hygiene is performed and may purchase, own, or lease equipment,5 DENTAL MATERIALS, AND SUPPLIES necessary to perform supervised or6 unsupervised dental hygiene.7 (b) A dental hygienist proprietor, or a professional corporation,8 LIMITED LIABILITY PARTNERSHIP , or professional limited liability9 corporation of dental hygienists, in addition to providing dental hygiene10 services, may enter into an agreement with one or more dentists for the11 lease or rental of equipment or office space in the same physical location12 as the dental hygiene practice, but only if the determination of necessary13 dental services provided by the dentist and professional responsibility for14 those services, including but not limited to dental records, appropriate15 medication, and patient payment, remain with the treating dentist. It is the16 responsibility of the dental hygienist to inform the patient as to whether17 there is a supervisory relationship between the dentist and the dental18 hygienist. An agreement under this subsection (4)(b) does not constitute19 employment and does not constitute cause for discipline pursuant to20 section 12-220-201 (1)(h). 21 SECTION 24. In Colorado Revised Statutes, amend 12-220-504,22 as follows:23 12-220-504. What constitutes practicing supervised dental24 hygiene - rules. (1) N OTWITHSTANDING SECTION 12-220-501 (3), unless25 licensed to practice dentistry, a person who performs any of the following26 tasks under the supervision of a licensed dentist is deemed to be27 SB25-194 -31- practicing supervised dental hygiene:1 (a) Performing a task described in section 12-220-503 (1);2 (b) Preparing study casts;3 (c) Administering local anesthesia under the indirect supervision4 of a licensed dentist pursuant to rules of the board, including minimum5 education requirements and procedures for local anesthesia6 administration; or7 (d) Placing interim therapeutic restorations pursuant to section8 12-220-505.9 (e) Repealed.10 (a) A DMINISTERING AND MONITORING INHALATION ANESTHESIA11 UNDER THE INDIRECT SUPERVISION OF A DENTIST CONSISTENT WITH12 SECTION 12-220-305 (1)(q) AND PURSUANT TO THE RULES OF THE BOARD13 REGARDING TRAINING AND MINIMUM EDUCATION REQUIREMENTS ;14 (b) U TILIZING A LASER FOR DENTAL HYGIENE PURPOSES WITHIN15 DEFINED SCOPES OF PRACTICE IN ACCORDANCE WITH RULES OF THE BOARD ;16 (c) P URSUANT TO RULES ADOPTED BY THE STATE BOARD OF17 HEALTH CREATED IN SECTION 25-1-103 AND PROVIDED TO THE COLORADO18 DENTAL BOARD, ADMINISTERING IMMUNIZATIONS , UNDER THE DIRECT19 SUPERVISION OF A LICENSED DENTIST OR THE DELEGATION OF A LICENSED20 PHYSICIAN, PHARMACIST CERTIFIED IN IMMUNIZATION , OR OTHER21 DELEGATED PROFESSIONAL , TO DENTAL PATIENTS OF RECORD IF THE22 PATIENTS ARE SIX YEARS OF AGE OR OLDER OR TO DENTAL PATIENTS OF23 RECORD UNDER SIX YEARS OF AGE IF THE PATIENTS ARE RECEIVING24 IMMUNIZATION IN CERTAIN HEALTH -CARE SETTINGS;25 (d) A DMINISTERING NEUROMODULATORS AND DERMAL FILLERS26 FOR THERAPEUTIC AND COSMETIC PURPOSES UNDER THE DIRECT27 SB25-194 -32- SUPERVISION OF A LICENSED DENTIST, OR THE DELEGATION OF A LICENSED1 PHYSICIAN OR OTHER DELEGATED PROFESSIONAL , PURSUANT TO RULES2 ADOPTED BY THE BOARD . THE BOARD SHALL ADOPT RULES REGARDING3 THE APPROPRIATE EDUCATION AND TRAINING , AS APPLICABLE.4 (e) P RESCRIBING, DISPENSING, AND ADMINISTERING NON-OPIOID5 ANALGESIC DRUGS AND ANTIBIOTIC DRUGS UNDER A WRITTEN6 ARTICULATED PLAN AND WITH THE AUTHORITY OF A SUPERVISING7 LICENSED DENTIST.8 (2) A DENTAL HYGIENIST MAY PERFORM ANY DENTAL TASK OR9 PROCEDURE ASSIGNED TO THE DENTAL HYGIENIST BY A LICENSED DENTIST10 THAT DOES NOT REQUIRE THE PROFESSIONAL SKILL OF A LICENSED11 DENTIST; EXCEPT THAT THE DENTAL HYGIENIST MAY PERFORM THE TASK12 OR PROCEDURE ONLY UNDER THE INDIRECT SUPERVISION OF A LICENSED13 DENTIST OR AS AUTHORIZED IN SECTIONS 12-220-503 AND 12-220-504.14 SECTION 25. In Colorado Revised Statutes, 12-220-505, amend15 (1)(b), (1)(d), and (6)(a); and add (6)(c) as follows:16 12-220-505. Interim therapeutic restorations by dental17 hygienists - permitting process - rules - subject to review. (1) Upon18 application, accompanied by a fee in an amount determined by the19 director, the board shall grant a permit to place interim therapeutic20 restorations to any dental hygienist applicant who:21 (b) Has completed a course developed at the postsecondary22 educational level that complies with the rules adopted by the board. The23 course must be offered under the direct supervision of a member of the24 faculty of a AN ACCREDITED Colorado dental or dental hygiene school.25 accredited by the Commission on Dental Accreditation or its successor26 agency. All faculty responsible for clinical evaluation of students must be27 SB25-194 -33- dentists with a faculty appointment at an accredited Colorado dental or1 dental hygiene school.2 (d) Furnishes, supplies, constructs, reproduces, or repairs any3 prosthetic denture, bridge, appliance, or other structure to be worn in the4 human mouth or upon the jaws, maxillofacial area, or adjacent and5 associated structures other than on the written DENTAL laboratory work6 order of a duly licensed and practicing dentist;7 (6) (a) A dentist shall not supervise more than five full-time8 equivalent dental hygienists who place interim therapeutic restorations9 under telehealth supervision unless granted a waiver by the board10 pursuant to subsection (6)(b) of this section. For purposes of patient 11 referral for follow-up care, A dentist who supervises a dental hygienist12 who provides interim therapeutic restorations under telehealth supervision13 must have an active license in good standing issued by the board. and a14 physical practice location in Colorado or within reasonable proximity of15 the location where the interim therapeutic restoration is placed BEFORE16 PROVIDING INTERIM THERAPEUTIC RESTORATIONS , A DENTAL HYGIENIST17 SHALL CONFIRM IN COMMUNICATIONS TO THE SUPERVISING DENTIST A18 REFERRAL FOR FOLLOW -UP CARE TO A LICENSED DENTIST WITHIN19 REASONABLE PHYSICAL PROXIMITY TO THE LOCATION WHERE THE INTERIM20 THERAPEUTIC RESTORATION IS PLACED .21 (c) A DENTIST SHALL NOT SUPERVISE, IN AGGREGATE, MORE THAN22 FIVE FULL-TIME EQUIVALENT DENTAL HYGIENISTS OR DENTAL THERAPISTS23 PERFORMING PROCEDURES PURSUANT TO SUBSECTION (6)(a) OF THIS24 SECTION AND SECTION 12-220-508, AND LIMITS ON SUPERVISION OF25 DENTAL THERAPISTS MUST REMAIN CONSISTENT WITH SECTION 12-220-50826 (3).27 SB25-194 -34- SECTION 26. In Colorado Revised Statutes, 12-220-508, amend1 (1)(a) introductory portion, (2)(a)(VI), and (3)(a); and add (1)(c)(IX) and2 (3)(d) as follows:3 12-220-508. Practice of dental therapy - supervision4 requirement - rules. (1) (a) A dental therapist may perform the5 following tasks and procedures under the direct supervision of a licensed6 dentist WITH AN ACTIVE LICENSE IN GOOD STANDING :7 (c) A dental therapist licensed pursuant to this article 220 may8 perform the following tasks under the indirect supervision of a licensed9 dentist, regardless of the number of hours the dental therapist has10 practiced:11 (IX) D IRECTING DENTAL ASSISTANTS TO ASSIST IN ACTIVITIES12 THAT ARE WITHIN THE SCOPE OF PRACTICE FOR A DENTAL THERAPIST13 UNDER DIRECT AND INDIRECT SUPERVISION OF THE DENTAL THERAPIST14 ONLY; EXCEPT THAT DENTAL ASSISTANTS SHALL NOT PERFORM ACTIVITIES15 DISALLOWED UNDER SECTION 12-220-501 (3)(a).16 (2) (a) An articulated plan between a dental therapist and a dentist17 must include:18 (VI) C ONSISTENT WITH DENTAL ASSISTANTS ' SCOPE OF PRACTICE,19 policies for supervising dental assistants and working with dental20 hygienists and other dental practitioners and staff.21 (3) (a) Except as provided in subsection (3)(b), or (3)(c), OR (3)(d)22 of this section, a dentist may not simultaneously supervise more than23 three full-time or full-time-equivalent dental therapists.24 (d) A DENTIST SHALL NOT SUPERVISE IN AGGREGATE MORE THAN25 FIVE FULL-TIME EQUIVALENT DENTAL HYGIENISTS OR DENTAL THERAPISTS26 PURSUANT TO THIS SECTION AND SECTION 12-220-505 (6)(a), AND LIMITS27 SB25-194 -35- ON SUPERVISION OF DENTAL THERAPISTS MUST REMAIN CONSISTENT WITH1 THIS SUBSECTION (3).2 SECTION 27. In Colorado Revised Statutes, 24-34-104, repeal3 (26)(a)(I); and add (35)(a)(VI) as follows:4 24-34-104. General assembly review of regulatory agencies5 and functions for repeal, continuation, or reestablishment - legislative6 declaration - repeal. (26) (a) The following agencies, functions, or both,7 are scheduled for repeal on September 1, 2025:8 (I) The Colorado dental board created in article 220 of title 12;9 (35) (a) The following agencies, functions, or both, are scheduled10 for repeal on September 1, 2034:11 (VI) T HE COLORADO DENTAL BOARD CREATED IN ARTICLE 220 OF12 TITLE 12.13 SECTION 28. Repeal of relocated provisions. In Colorado14 Revised Statutes, repeal 12-220-104 (11).15 SECTION 29. Act subject to petition - effective date. This act16 takes effect at 12:01 a.m. on the day following the expiration of the17 ninety-day period after final adjournment of the general assembly; except18 that, if a referendum petition is filed pursuant to section 1 (3) of article V19 of the state constitution against this act or an item, section, or part of this20 act within such period, then the act, item, section, or part will not take21 effect unless approved by the people at the general election to be held in22 November 2026 and, in such case, will take effect on the date of the23 official declaration of the vote thereon by the governor.24 SB25-194 -36-