SB 25-194 Fiscal Note Legislative Council Staff Nonpartisan Services for Colorado’s Legislature SB 25-194: SUNSET DENTAL PRACTICE ACT Prime Sponsors: Sen. Michaelson Jenet; Mullica Rep. Duran Published for: Senate Health & Human Services Drafting number: LLS 25-0401 Fiscal Analyst: Clayton Mayfield, 303-866-5851 clayton.mayfield@coleg.gov Version: Initial Fiscal Note Date: March 24, 2025 Fiscal note status: The fiscal note reflects the introduced bill. Summary Information Overview. The bill continues the regulation of dental professions, which is scheduled to repeal on September 1, 2025. The program is continued through September 1, 2034. Sunset bill. The bill has impacts in the following areas through FY 2034-35 from both continuing an existing program scheduled to repeal and making changes to that program: State Revenue State Expenditures TABOR Refunds Local Government Appropriations. For FY 2025-26, the bill requires an appropriation of $471,813 to the Department of Regulatory Agencies. Table 1 State Fiscal Impacts Type of Impact 1 Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 State Revenue $280,490 $202,584 $3,080,490 State Expenditures $474,044 $1,010,000 $1,010,000 Transferred Funds $0 $0 $0 Change in TABOR Refunds $280,490 $202,584 $3,080,490 Change in State FTE 0.4 FTE 2.9 FTE 2.9 FTE 1 These impacts include both those from continuing a program scheduled to repeal, as well as from changes to the program under the bill. Additional detail on fund sources, as well as the new and continuing impacts, are shown in the tables below. Page 2 March 24, 2025 SB 25-194 Table 1A State Revenue Fund Source Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 Cash Funds – Continuation 1 $0 $184,167 $2,800,000 Cash Funds – New $280,490 $18,417 $280,490 Total Revenue $280,490 $202,584 $3,080,490 1 Continuing revenue is based on the current two-year renewal cycle for dental professionals. If the program is continued, then the next scheduled license renewal will occur in February of FY 2027-28. Table 1B State Expenditures Fund Source Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 Cash Funds – Continuation $0 $950,000 $950,000 Cash Funds – New $471,813 $60,000 $60,000 Centrally Appropriated $2,231 $0 $0 FTE – Continuation 0.0 FTE 2.9 FTE 2.9 FTE FTE – New 0.4 FTE 0.0 FTE 0.0 FTE Total Expenditures $474,044 $1,010,000 $1,010,000 Total FTE 0.4 FTE 2.9 FTE 2.9 FTE Summary of Legislation The bill continues the regulation of dental professions under the Dental Practice Act by the Department of Regulatory Agencies (DORA) for nine years, extending the program’s repeal date from September 1, 2025, to September 1, 2034. Among other changes to professional regulations, the bill requires applicants for dental, dental hygienist, and dental therapy licensure to pass a jurisprudence exam that tests an applicant’s knowledge of the Dental Practice Act. Additionally, the bill requires the Department of Law to provide legal counsel and advice to consultants that serve the board within DORA that regulates dental professions. Page 3 March 24, 2025 SB 25-194 Continuing Program Impacts DORA is expected to have ongoing revenue of about $185,000 in FY 2026-27 and $2.8 million in FY 2027-28, and continuing in future years based on a two-year renewal cycle for dental professionals. Ongoing expenditures are estimated to be about $950,000 and 2.9 FTE starting in FY 2026-27 to administer the regulation of dental professions. If this bill is enacted, current revenue and expenditures will continue for the program starting in FY 2026-27. This continuing revenue is subject to the state TABOR limits. If this bill is not enacted, the program will end one year after its repeal date on September 1, 2026, following a wind-down period. If allowed to repeal, state revenue and expenditures will decrease starting in FY 2026-27 by the continuation amounts shown in Tables 1A and 1B. The changes to the program that drive additional revenue and costs are discussed in the State Revenue and State Expenditures sections below. State Revenue Starting in FY 2025-26, the bill increases state revenue by about $300,000 over the two-year licensure period ($280,000 in renewal years and $18,000 in non-renewal years) to the Division of Professions and Occupations Cash Fund in DORA. Revenue is from an increase in license fees for dental professionals to cover costs discussed in the State Expenditures section that result from changes made by the bill. Costs are estimated to increase by 10 percent over current levels, resulting in a corresponding increase in license fees. Fee Impact on Dental Professionals Colorado law requires legislative service agency review of measures which create or increase any fee collected by a state agency. These fee amounts are estimates only, actual fees will be set administratively by DORA based on cash fund balance, program costs, and the number of dental professional licenses subject to the fee. The table below identifies the fee impact of this bill. Dental licenses expire on the last day of February in even-numbered years, with the next renewal period occurring in FY 2025-26. This is estimated to generate about $280,000 in additional state revenue for FY 2025-26. This state revenue impact will thereafter recur in fiscal years that end in an even number. For FY 2026-27, and future non-renewal years, the bill will generate about $18,000 in additional state revenue. This results from an increase in fees charged to original dental licenses issued in these years. Page 4 March 24, 2025 SB 25-194 Table 2A Fee Impact on Dental Professionals in Renewal Years Even-Numbered Fiscal Years Starting FY 2025-26 Type of Fee Estimated Fee Increase Number Affected Total Fee Impact Original – Dentist $43.00 336 $14,448 Original – Hygienist $19.10 207 $3,954 Original – Therapist $15.00 1 $15 Original – Academic Dentist $38.80 0 $0 Renewal – Dentist $39.60 5,462 $216,295 Renewal – Hygienist $9.00 5,067 $45,603 Renewal – Therapist $8.90 10 $89 Renewal – Academic Dentist $28.80 3 $86 Total Fee Revenue – FY 2025-26 $280,490 Table 2B Fee Impact on Dental Professionals in Non-Renewal Years Odd-Numbered Fiscal Years Starting FY 2026-27 Type of Fee Estimated Fee Increase Number Affected Total Fee Impact Original – Dentist $43.00 336 $14,448 Original – Hygienist $19.10 207 $3,954 Original – Therapist $15.00 1 $15 Original – Academic Dentist $38.80 0 $0 Renewal – Dentist $39.60 0 $0 Renewal – Hygienist $9.00 0 $0 Renewal – Therapist $8.90 0 $0 Renewal – Academic Dentist $28.80 0 $0 Total Fee Revenue – FY 2026-27 $18,417 Page 5 March 24, 2025 SB 25-194 State Expenditures The bill increases state expenditures in the Department of Regulatory Agencies by about $470,000 in FY 2025-26 and $60,000 in FY 2026-27 and future years. These costs, paid from the Division of Professions and Occupations Cash Fund, are summarized in Table 3 and discussed below. Table 3 State Expenditures Department of Regulatory Agencies Cost Component Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 Personal Services $10,630 $0 $0 Exams $401,000 $60,000 $60,000 Legal Services $60,183 $0 $0 Centrally Appropriated Costs $2,231 $0 $0 FTE – Personal Services 0.1 FTE 0.0 FTE 0.0 FTE FTE – Legal Services 0.3 FTE 0.0 FTE 0.0 FTE Total Costs $474,044 $60,000 $60,000 Total FTE 0.4 FTE 0.0 FTE 0.0 FTE Staff DORA requires 0.1 FTE in FY 2025-26 only to establish contracts for the exams required by the bill. This includes contracts to develop the exams, and a contract to proctor, grade, and report the results of exams to the state. This FTE is prorated for a September 1, 2025, start date. Exams DORA will have costs to develop and implement an exam testing knowledge of the Dental Practice Act. One exam each is required for dentists, hygienists, and therapists. Each exam will be developed in FY 2025-26 through a vendor at cost of $122,000 ($366,000 total). DORA will also have $35,000 in one-time costs for FY 2025-26 to ensure exam results can be received electronically through its existing exam administration system. Starting in FY 2026-27, DORA will have costs of $20,000 per exam ($60,000 total) for an annual evaluation of the exams to ensure they remain valid. Additionally, exams will need to be fully reevaluated and developed every five to seven years after initial development, with a cost similar to exam costs for FY 2025-26. Page 6 March 24, 2025 SB 25-194 Legal Services DORA requires 450 hours of legal services for FY 2025-26 for rulemaking, processing complaints of unprofessional conduct as modified by the bill, and legal counsel to board consultants, among other provisions that generate a need for legal services. The fiscal note does not estimate hours required in future years, which will depend on actual program operations and legal services needed. Legal services are provided by the Department of Law at a rate of $133.74 per hour. Centrally Appropriated Costs Pursuant to a Joint Budget Committee policy, certain costs associated with this bill are addressed through the annual budget process and centrally appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These costs, which may include employee insurance, supplemental employee retirement payments, leased space, and indirect cost assessments, are shown in the expenditure table above. TABOR Refunds The bill is expected to increase the amount of state revenue required to be refunded to taxpayers by the amounts shown in the State Revenue section above. This estimate assumes the March 2025 LCS revenue forecast. A forecast of state revenue subject to TABOR is not available beyond FY 2026-27. Because TABOR refunds are paid from the General Fund, increased cash fund revenue will reduce the amount of General Fund available to spend or save. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. State Appropriations For FY 2025-26, the bill requires an appropriation of $471,813 from the Division of Professions and Occupations Cash Fund to the Department of Regulatory Agencies, and 0.1 FTE. Of this amount, $60,183 is reappropriated to the Department of Law, with an additional 0.3 FTE. State and Local Government Contacts Corrections Higher Education Human Services Law Regulatory Agencies The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit the General Assembly website.