Senate Bill 25-194 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the continuation of the "Dental Practice Act".

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;
• 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 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.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, 12-220-104, amend

• Page 3, Line 3(1), (4), (9)(a), and (10)(a); add (10.5) and (14.5); and add with amended and relocated provisions (5.3) as follows:

• Page 3, Line 412-220-104.  Definitions - rules. As used in this article 220, unless the context otherwise requires:

• Page 3, Line 5(1)  "Accredited" means a program that is nationally recognized for

• Page 3, Line 6specialized accrediting for dental, dental therapy, dental hygiene, and

• Page 3, Line 7dental auxiliary programs by the Commission on Dental

• Page 3, Line 8Accreditation or a specialty accrediting organization

• Page 3, Line 9recognized by the United States department of education or by a successor organization of the commission or the board.

• Page 3, Line 10(4)  "Dental hygiene" means the delivery of preventive,

• Page 3, Line 11educational, and clinical services supporting total health for the control

• Page 3, Line 12of oral disease; the impact of the disease, disorder, or condition on

• Page 3, Line 13the human body; and the promotion of oral health provided by a dental

• Page 3, Line 14hygienist within the scope of the dental hygienist's education, training, and experience and in accordance with applicable law.

• Page 3, Line 15(5.3)  [Formerly 12-220-104 (11)] "Dental laboratory work

• Page 3, Line 16order" means:

• Page 4, Line 1(a)  The written instructions documented order of a dentist

• Page 4, Line 2licensed in Colorado authorizing another person to construct, reproduce,

• Page 4, Line 3or repair any prosthetic denture, bridge, appliance, or other structure to

• Page 4, Line 4function in the oral cavity, maxillofacial area, or adjacent and associated regions; and

• Page 4, Line 5(b)  The documented order of a dental hygienist licensed

• Page 4, Line 6in this state authorizing another person to construct, reproduce, or repair an oral medicament carrier.

• Page 4, Line 7(9) (a) (I)   "Indirect supervision" means the supervision of those

• Page 4, Line 8tasks or procedures that do not require the presence of the dentist in the

• Page 4, Line 9office or on the premises at the time the tasks or procedures are being

• Page 4, Line 10performed but do require that the tasks be performed with the prior knowledge and consent of the dentist.

• Page 4, Line 11(II)  A dentist who provides indirect supervision must have

• Page 4, Line 12an active license in good standing and a physical practice

• Page 4, Line 13location in this state or within a reasonable proximity of the

• Page 4, Line 14location where the supervised services are delivered in order to provide necessary emergency care or follow-up care.

• Page 4, Line 15(10) (a)  "Interim therapeutic restoration" or "ITR" means a direct

• Page 4, Line 16provisional restoration placed to stabilize a tooth until a licensed dentist or dental therapist can assess the need for further definitive treatment.

• Page 4, Line 17(10.5)  "Itinerant surgery" means the elective oral and

• Page 4, Line 18maxillofacial surgery performed in nonaccredited surgical or

• Page 4, Line 19treatment facilities other than the facility or facilities owned

• Page 4, Line 20or leased by the professional practice employing the

• Page 4, Line 21practitioner or specialty-level surgical care performed by a

• Page 4, Line 22practitioner who is not a graduate of an accredited surgical specialty training program in a treatment facility.

• Page 5, Line 1(14.5) (a)  "Teledentistry" means telehealth methodologies

• Page 5, Line 2and systems that are used in a manner that is compliant with the

• Page 5, Line 3federal "Health Insurance Portability and Accountability Act

• Page 5, Line 4of 1996", 42 U.S.C. secs. 1320d to 1320d-9, as amended, to deliver

• Page 5, Line 5oral health services in dentistry, including informational and

• Page 5, Line 6electronic communication technologies, remote monitoring

• Page 5, Line 7technologies, and store-and-forward transfers, to facilitate

• Page 5, Line 8the assessment, diagnosis, consultation, counseling, and

• Page 5, Line 9education of, or treatment planning for, a patient while the

• Page 5, Line 10patient is located at an originating site without a dental

• Page 5, Line 11practitioner, and the dental practitioner providing the service is at a distant site.

• Page 5, Line 12(b)  As used in this subsection (14.5), "telehealth" means a

• Page 5, Line 13broad variety of technologies and tactics to deliver virtual

• Page 5, Line 14medical, health, and education services. "Telehealth" is not a

• Page 5, Line 15specific service but a collection of means to enhance care and education delivery.

• Page 5, Line 16SECTION 2.  In Colorado Revised Statutes, 12-220-105, amend

• Page 5, Line 17(1)(b)(I), (1)(b)(III)(B), (1)(b)(III)(C), and (5); and repeal (1)(b)(II) and (1)(c)(II) as follows:

• Page 5, Line 1812-220-105.  Colorado dental board - qualifications of board

• Page 5, Line 19members - quorum - panel - rules - review of functions - repeal of

• Page 5, Line 20article. (1) (b) (I)  Except as provided in subsection (1)(b)(II) of this

• Page 5, Line 21section, The board consists of seven dentist members, three dental

• Page 5, Line 22hygienist members, and three members from the public at large. The

• Page 5, Line 23governor shall appoint each member for a term of four years, and each

• Page 6, Line 1member must have the qualifications provided in this article 220. A

• Page 6, Line 2member shall not serve more than two consecutive terms of four years.

• Page 6, Line 3Each board member holds office until the member's term expires or until

• Page 6, Line 4the governor appoints a successor. This subsection (1)(b)(I) is repealed, effective December 1, 2031.

• Page 6, Line 5(II) (A)  Effective July 1, 2031, the board consists of seven dentist

• Page 6, Line 6members, two dental therapist members, two dental hygienist members,

• Page 6, Line 7and two members from the public at large. The governor shall appoint

• Page 6, Line 8each member for a term of four years, and each member must have the

• Page 6, Line 9qualifications provided in this article 220. A member shall not serve more

• Page 6, Line 10than two consecutive terms of four years. Each board member holds

• Page 6, Line 11office until the member's term expires or until the governor appoints a successor.

• Page 6, Line 12(B)  A member serving on the board as of June 30, 2031, may serve the member's full term.

• Page 6, Line 13(III)  A person is qualified to be appointed to the board if the person:

• Page 6, Line 14(B)  Is currently licensed as a dentist dental therapist, or dental hygienist, if fulfilling that position on the board; and

• Page 6, Line 15(C)  Has been actively engaged in a clinical practice in this state

• Page 6, Line 16for at least five years immediately preceding the appointment, if fulfilling the position of dentist dental therapist, or dental hygienist on the board.

• Page 6, Line 17(c) (II) (A)  In making appointments of dental therapists to the

• Page 6, Line 18board, the governor shall appoint individuals who are diverse with regard

• Page 6, Line 19to race, ethnicity, immigration status, income, wealth, age, ability, sexual orientation, gender identity, and geography.

• Page 6, Line 20(B)  In considering the racial and ethnic diversity of the dental

• Page 7, Line 1therapists appointed to the board, the governor shall attempt to ensure that at least one member is a person of color.

• Page 7, Line 2(C)  In considering the geographic diversity of the dental therapists

• Page 7, Line 3appointed to the board, the governor shall attempt to appoint members from both rural and urban areas of the state.

• Page 7, Line 4(5) (a)   This article 220 is repealed, effective September 1,

• Page 7, Line 52034. Before the repeal, of this article 220 pursuant to subsection (5)(b)

• Page 7, Line 6of this section, all functions of the board are scheduled for review in accordance with section 24-34-104.

• Page 7, Line 7(b)  This article 220 is repealed, effective September 1, 2025.

• Page 7, Line 8SECTION 3.  In Colorado Revised Statutes, 12-220-106, amend (1)(a) introductory portion and (2); and add (1)(a)(VI) as follows:

• Page 7, Line 912-220-106.  Powers and duties of board - rules - limitation on

• Page 7, Line 10authority. (1)  The board shall exercise, in accordance with this article 220, the following powers and duties:

• Page 7, Line 11(a)  Make Adopt, publish, declare, and periodically review reasonable rules pursuant to section 12-20-204, including rules regarding:

• Page 7, Line 12(VI)  Criteria and procedures for recruiting, training, and

• Page 7, Line 13calibrating practice monitors that assist licensees participating

• Page 7, Line 14in peer health assistance programs described in sections 12-220-310 and 12-220-507;

• Page 7, Line 15(2)  The board may recognize those dental specialties defined by

• Page 7, Line 16the American Dental Association National Commission on

• Page 7, Line 17Recognition of Dental Specialties and Certifying Boards or the United States department of education.

• Page 7, Line 18SECTION 4.  In Colorado Revised Statutes, amend 12-220-108

• Page 7, Line 19as follows:

• Page 8, Line 112-220-108.  Attorney general shall represent board and

• Page 8, Line 2members. The attorney general of the state of Colorado shall counsel

• Page 8, Line 3with and advise the board members and the board's consultants in

• Page 8, Line 4connection with its the board's duties and responsibilities under

• Page 8, Line 5described in this article 220. If litigation is brought against the board or

• Page 8, Line 6any of its individual members or consultants in connection with

• Page 8, Line 7actions taken by the board or any of its members under this article 220

• Page 8, Line 8and the actions are free of malice, fraud, or willful neglect of duty, the

• Page 8, Line 9attorney general shall defend the litigation without cost to the board or to any individual member of the board.

• Page 8, Line 10SECTION 5.  In Colorado Revised Statutes, 12-220-201, amend

• Page 8, Line 11(1)(n), (1)(s), (1)(ii), and (1)(oo); and add (1)(qq), (1)(rr), and (1)(ss) as follows:

• Page 8, Line 1212-220-201.  Grounds for disciplinary action - definition.

• Page 8, Line 13(1)  The board may take disciplinary action against an applicant or

• Page 8, Line 14licensee in accordance with sections 12-20-4.04 and 12-220-202 for any of the following causes:

• Page 8, Line 15(n)  Refusing to make patient records available to a patient,

• Page 8, Line 16patient representative, or previous or current treatment

• Page 8, Line 17provider within seven calendar days after a written requestpursuant to a written authorization request under section 25-1-802;

• Page 8, Line 18(s)  Failing to furnish unlicensed persons with dental laboratory work orders pursuant to section 12-220-502;

• Page 8, Line 19(ii)  Advertising or otherwise holding oneself out to the public as

• Page 8, Line 20practicing a dental specialty in which the dentist has not successfully

• Page 8, Line 21completed the education specified for the dental specialty as defined by

• Page 8, Line 22the American Dental Association National Commission on

• Page 9, Line 1Recognition of Dental Specialties and Certifying Boards or the United States department of education;

• Page 9, Line 2(oo)  Failing to comply with sections 12-220-501 (1)(a)(II)(C) and

• Page 9, Line 312-220-503 (1)(g) section 12-220-503 (1)(g) and rules adopted pursuant

• Page 9, Line 4to those sections that section regarding the application of silver diamine fluoride; or

• Page 9, Line 5(qq)  Practicing outside the scope of an articulated plan

• Page 9, Line 6developed in accordance with section 12-220-503 or 12-220-508 (2);

• Page 9, Line 7(rr)  Purchasing or using an electronic health record

• Page 9, Line 8product that does not include integration of a tool that

• Page 9, Line 9facilitates dentists' compliance with prescription drug

• Page 9, Line 10monitoring standards as required by section 12-30-114 (1)(a)(VI); or

• Page 9, Line 11(ss)  The failure of a provider performing itinerant oral

• Page 9, Line 12surgery to provide required follow-up care, including the

• Page 9, Line 13failure to provide a care plan outlining follow-up care in a

• Page 9, Line 14facility or to be performed by a different provider within a

• Page 9, Line 15reasonable distance from the office where the procedure will be

• Page 9, Line 16performed if the original treating provider is unavailable to

• Page 9, Line 17provide the follow-up care. Referral to an urgent care center

• Page 9, Line 18or hospital emergency department does not fulfill the

• Page 9, Line 19requirement for follow-up care and would be in violation of this policy.

• Page 9, Line 20SECTION 6.  In Colorado Revised Statutes, 12-220-206, add (4) and (5) as follows:

• Page 9, Line 2112-220-206.  Mental and physical examinations. (4)  A

• Page 10, Line 1licensee's submission to a mental or physical examination by the

• Page 10, Line 2qualified professional designated by the board satisfies any

• Page 10, Line 3requirement to notify the board of a physical or mental health

• Page 10, Line 4condition that may impact the licensee's ability to practice with

• Page 10, Line 5reasonable skill and safety pursuant to section 12-30-108 (1), 12-220-201 (1)(j)(I), or 12-220-310 (3).

• Page 10, Line 6(5)  Notification requirements described in section

• Page 10, Line 712-30-108 (1), 12-220-201 (1)(j)(I), or 12-220-310 (3) begin upon

• Page 10, Line 8discharge of a licensee enrolled in inpatient treatment for a serious mental health or physical condition.

• Page 10, Line 9SECTION 7.  In Colorado Revised Statutes, 12-220-302, amend (1)(b), (1)(f), (1)(g), and (1)(j); and add (1)(k) and (1)(l) as follows:

• Page 10, Line 1012-220-302.  Persons exempt from operation of this article.

• Page 10, Line 11(1)  This article 220 does not apply to the following practices, acts, and operations:

• Page 10, Line 12(b)  The administration of an anesthetic for a dental operation

• Page 10, Line 13by a qualified anesthetist licensed pursuant to article 240 of this

• Page 10, Line 14title 12 or registered a nurse for a dental operation licensed or registered pursuant to article 255 of this title 12;

• Page 10, Line 15(f)  The practice of dentistry, dental therapy, or dental hygiene by

• Page 10, Line 16dentists, dental therapists, or dental hygienists licensed in good standing

• Page 10, Line 17by other states or countries while appearing in accredited or

• Page 10, Line 18board-approved programs of dental education or research, at the

• Page 10, Line 19invitation of any group of licensed dentists, dental therapists, or dental

• Page 10, Line 20hygienists in this state who are in good standing, so long as the practice

• Page 10, Line 21is limited to five consecutive days in a twelve-month period and the name

• Page 10, Line 22of each person engaging in the practice is submitted to the board, in

• Page 11, Line 1writing and on a form a format approved by the board, at least ten days before the person performs the practice;

• Page 11, Line 2(g)  The filling of dental laboratory work orders of a licensed

• Page 11, Line 3dentist, as provided by section 12-220-502, by any person, association,

• Page 11, Line 4corporation, or other entity for the construction, reproduction, or repair

• Page 11, Line 5of prosthetic dentures, bridges, plates, or appliances to be used or worn

• Page 11, Line 6as substitutes for natural teeth or for restoration of natural teeth, or

• Page 11, Line 7replacement of structures relating to the jaws, maxillofacial area, or adjacent and associated structures;

• Page 11, Line 8(j)  The practice of dentistry dental therapy, or dental hygiene by

• Page 11, Line 9dentists dental therapists, or dental hygienists licensed in good standing

• Page 11, Line 10by other states while providing care as a volunteer, at the invitation of any

• Page 11, Line 11group of licensed dentists, dental therapists, or dental hygienists in this

• Page 11, Line 12state who are in good standing, so long as the practice is limited to five

• Page 11, Line 13consecutive days in a twelve-month period and the name of each person

• Page 11, Line 14engaging in the practice is submitted to the board, in writing and on a

• Page 11, Line 15form a format approved by the board, at least ten days before the person performs the practice;

• Page 11, Line 16(k)  The practice of dental therapy by dental therapists

• Page 11, Line 17licensed in good standing by other states while providing care

• Page 11, Line 18as a volunteer, at the invitation of any group of licensed

• Page 11, Line 19dentists, dental therapists, or dental hygienists in this state

• Page 11, Line 20who are in good standing, so long as the practice is limited to

• Page 11, Line 21five consecutive days in a twelve-month period and the name of

• Page 11, Line 22each person engaging in the practice is submitted to the board,

• Page 11, Line 23in a format approved by the board, at least ten days before the

• Page 11, Line 24person performs the practice, and the dental therapists treat

• Page 12, Line 1patients only under direct supervision of a licensed dentist in compliance with section 12-220-508; or

• Page 12, Line 2(l)  The practice of dental hygiene by dental hygienists

• Page 12, Line 3licensed in good standing by other states while providing care

• Page 12, Line 4as a volunteer, at the invitation of any group of licensed

• Page 12, Line 5dentists, dental therapists, or dental hygienists in this state

• Page 12, Line 6who are in good standing, so long as the practice is limited to

• Page 12, Line 7five consecutive days in a twelve-month period and the name of

• Page 12, Line 8each person engaging in the practice is submitted to the board,

• Page 12, Line 9in a format approved by the board, at least ten days before the

• Page 12, Line 10person performs the practice, and the dental hygienists treat patients only under direct supervision of a licensed dentist.

• Page 12, Line 11SECTION 8.  In Colorado Revised Statutes, 12-220-303, amend (2)(a) and (3)(d) as follows:

• Page 12, Line 1212-220-303.  Ownership of dental or dental hygiene practice -

• Page 12, Line 13information to be posted - heir to serve as temporary proprietor -

• Page 12, Line 14limitations - definitions. (2) (a)  The name, license number, ownership

• Page 12, Line 15percentage, and other information, as required by the board, of each

• Page 12, Line 16proprietor of a dental or dental hygiene practice, including an unlicensed

• Page 12, Line 17heir who is the temporary proprietor of the practice, as specified in

• Page 12, Line 18subsection (3) of this section, must be immediately and publicly

• Page 12, Line 19available at the reception desk of the dental or dental hygiene practice

• Page 12, Line 20during the practice's hours of operation. The information required by this subsection (2)(a) must be available in a format approved by the board.

• Page 12, Line 21(3) (d)  The temporary proprietorship of a dental or dental hygiene

• Page 12, Line 22practice by an unlicensed heir does must not affect the exercise of the

• Page 12, Line 23independent professional judgment of the licensed dentist or dental hygienist providing care to patients on behalf of the practice.

• Page 13, Line 1SECTION 9.  In Colorado Revised Statutes, 12-220-304, amend (3) as follows:

• Page 13, Line 212-220-304.  Names and status under which dental practice

• Page 13, Line 3may be conducted. (3)  The practice of dentistry, dental therapy, or

• Page 13, Line 4dental hygiene by a professional service corporation, limited

• Page 13, Line 5liability company of licensees, or by a limited liability partnership of

• Page 13, Line 6licensees is permitted subject to the limitations and requirements, insofar

• Page 13, Line 7as are applicable, set forth in section 12-240-138 relating to a

• Page 13, Line 8professional service corporation, limited liability company, or limited liability partnership for the practice of medicine.

• Page 13, Line 9SECTION 10.  In Colorado Revised Statutes, 12-220-305, amend

• Page 13, Line 10(1)(a), (1)(b), (1)(c), (1)(j), (1)(k), (1)(l), (1)(m), (1)(n), (1)(p), (1)(q), (1)(r), and (2); and add (1)(s), (1)(t), (1)(u), and (3) as follows:

• Page 13, Line 1112-220-305.  What constitutes practicing dentistry - rules. (1)  A person is practicing dentistry if the person:

• Page 13, Line 12(a)  Performs or attempts or professes to perform any dental

• Page 13, Line 13operation, oral surgery, or dental diagnostic or therapeutic services of any

• Page 13, Line 14kind; except that nothing in this subsection (1)(a) prohibits a dental

• Page 13, Line 15therapist, dental hygienist, or dental assistant from providing preventive dental or nutritional counseling, education, or instruction services;

• Page 13, Line 16(b)  Is a proprietor of a place where dental operation, oral surgery,

• Page 13, Line 17or dental diagnostic or therapeutic services are performed; except that

• Page 13, Line 18nothing in this subsection (1)(b) prohibits a dental therapist, dental

• Page 13, Line 19hygienist, or dental assistant from performing those tasks and procedures consistent with section 12-220-501;

• Page 13, Line 20(c)  Directly or indirectly, by any means or method, takes a

• Page 14, Line 1physical or digital impression or scan of the human tooth, teeth,

• Page 14, Line 2jaws, maxillofacial area, or adjacent and associated structures; performs

• Page 14, Line 3any phase of any operation incident to the replacement of a part of a

• Page 14, Line 4tooth; or supplies artificial substitutes for the natural teeth, jaws, or

• Page 14, Line 5adjacent and associated structures; except that nothing in this subsection

• Page 14, Line 6(1)(c) prohibits a dental therapist, dental hygienist, or dental assistant

• Page 14, Line 7from performing tasks and procedures consistent with sections 12-220-501 (3)(b)(III), 12-220-503 (1)(d), and 12-220-508;

• Page 14, Line 8(j)  Extracts or attempts to extract human teeth or corrects, or

• Page 14, Line 9attempts to correct, malformations of human teeth or jaws; except that

• Page 14, Line 10this subsection (1)(j) does not prohibit a dental therapist from performing tasks and procedures consistent with section 12-220-508;

• Page 14, Line 11(k)  Repairs or fills cavities in human teeth; except that this

• Page 14, Line 12subsection (1)(k) does not prohibit a dental therapist from performing tasks and procedures consistent with section 12-220-508;

• Page 14, Line 13(l)  Prescribes ionizing radiation or the use of an X ray for the

• Page 14, Line 14purpose of taking dental X rays; or roentgenograms; except that nothing

• Page 14, Line 15in this subsection (1)(l) prohibits these procedures from being delegated

• Page 14, Line 16to appropriately trained personnel in accordance with this article 220 and rules of the board;

• Page 14, Line 17(m)  Gives or professes to give interpretations or readings of dental

• Page 14, Line 18X rays, or roentgenograms, CT scans, or other diagnostic methodologies;

• Page 14, Line 19except that nothing in this subsection (1)(m) prohibits a dental hygienist

• Page 14, Line 20from performing tasks and procedures consistent with sections

• Page 14, Line 2112-220-503 and 12-220-504 or a dental therapist from performing tasks consistent with section 12-220-508;

• Page 14, Line 22(n)  Represents himself or herself themself to an individual or the

• Page 15, Line 1general public as practicing dentistry by using the words "dentist" or

• Page 15, Line 2"dental surgeon" or by using the letters "D.D.S.", "D.M.D.",

• Page 15, Line 3"D.D.S./M.D.", or "D.M.D./M.D."; Nothing in this subsection (1)(n)

• Page 15, Line 4prohibits a dental therapist, dental hygienist, or dental assistant from

• Page 15, Line 5performing tasks and procedures consistent with section 12-220-501 (2), (2.5), or (3)(b).

• Page 15, Line 6(p)  Prescribes drugs or medications and administers local

• Page 15, Line 7anesthesia, analgesia including nitrous oxide/oxygen inhalation,

• Page 15, Line 8medication prescribed or administered for the relief of anxiety or

• Page 15, Line 9apprehension, minimal sedation, moderate sedation, deep sedation, or

• Page 15, Line 10general anesthesia as necessary for the proper practice of dentistry; except that nothing in this subsection (1)(p) prohibits:

• Page 15, Line 11(I)  A dental hygienist from performing those tasks and procedures

• Page 15, Line 12consistent with sections 12-220-501, 12-220-503 (1)(e) and (1)(g), and

• Page 15, Line 1312-220-504 (1)(c), and in accordance with rules promulgated by the board; or

• Page 15, Line 14(II)  A dental therapist from performing those tasks and procedures

• Page 15, Line 15consistent with sections 12-220-501 (2.5) and 12-220-508 and in accordance with rules promulgated by the board.

• Page 15, Line 16(q)  Prescribes, induces, and sets dosage levels for inhalation

• Page 15, Line 17anesthesia; except that nothing in this subsection (1)(q) prohibits the

• Page 15, Line 18delegation of monitoring and administration to dental hygienists and

• Page 15, Line 19appropriately trained unlicensed personnel in accordance with this article 220 and rules of the board, including requiring training;

• Page 15, Line 20(r)  Gives or professes to give interpretations or readings of dental

• Page 15, Line 21charts or records or gives treatment plans or interpretations of treatment

• Page 15, Line 22plans derived from examinations, patient records, or dental X rays; or

• Page 16, Line 1roentgenograms; except that nothing in this subsection (1)(r) prohibits a

• Page 16, Line 2dental therapist, dental hygienist, or dental assistant from performing

• Page 16, Line 3tasks and procedures consistent with sections 12-220-501 (2), (2.5) and (3), 12-220-503, 12-220-504, and 12-220-508;

• Page 16, Line 4(s)  Maintains patient clinical records, dental charts,

• Page 16, Line 5images, treatment plans, interpretations, or other

• Page 16, Line 6documentation, except when undergoing a transition in practice ownership as permitted in section 12-220-303 (2);

• Page 16, Line 7(t)  Pursuant to rules adopted by the state board of

• Page 16, Line 8health created in section 25-1-103 and provided to the Colorado

• Page 16, Line 9dental board, orders and administers immunizations to dental

• Page 16, Line 10patients of record if the patients are six years of age or older or

• Page 16, Line 11to dental patients of record under six years of age if the

• Page 16, Line 12patients are receiving immunizations in certain health-care

• Page 16, Line 13settings. The Colorado dental board shall adopt rules

• Page 16, Line 14regarding delegation of immunization administration by a licensed dentist to a dental therapist or dental hygienist.

• Page 16, Line 15(u)  Orders and administers neuromodulators and dermal

• Page 16, Line 16fillers to dental patients of record for therapeutic and

• Page 16, Line 17cosmetic purposes pursuant to rules adopted by the board

• Page 16, Line 18regarding required training, ongoing competency, record keeping, and delegation to dental hygienists.

• Page 16, Line 19(2)  A licensed dentist may prescribe orders electronically. This section does not prohibit:

• Page 16, Line 20(a)  A dental assistant from performing tasks and

• Page 16, Line 21procedures consistent with section 12-220-501 and in accordance

• Page 16, Line 22with rules adopted by the board;

• Page 17, Line 1(b)  A dental hygienist from performing tasks and

• Page 17, Line 2procedures consistent with sections 12-220-501, 12-220-503, and

• Page 17, Line 312-220-504 and in accordance with rules adopted by the board; or

• Page 17, Line 4(c)  A dental therapist from performing tasks and

• Page 17, Line 5procedures consistent with sections 12-220-501 and 12-220-508 and in accordance with rules adopted by the board.

• Page 17, Line 6(3)  A provider performing itinerant surgery shall develop

• Page 17, Line 7and maintain a written protocol for emergency follow-up care

• Page 17, Line 8with appropriately trained practitioners for all patients

• Page 17, Line 9treated. The plan shall be provided to each patient undergoing

• Page 17, Line 10treatment and must be available immediately at the request of

• Page 17, Line 11the board. The written protocol must include a provision that

• Page 17, Line 12requires the provider to include in a plan of care follow-up

• Page 17, Line 13treatment in a permanently established treatment facility

• Page 17, Line 14within a reasonable proximity of the location where itinerant

• Page 17, Line 15surgical treatment was performed. This follow-up treatment

• Page 17, Line 16shall be provided by the itinerant surgical treatment operator

• Page 17, Line 17or an appropriately trained practitioner who has agreed in

• Page 17, Line 18writing to participate in the emergency follow-up care plan for

• Page 17, Line 19the itinerant surgical treatment operator. The appropriately

• Page 17, Line 20trained practitioner must be available when the itinerant surgical operator is not available.

• Page 17, Line 21SECTION 11.  In Colorado Revised Statutes, 12-220-306, amend (1)(a)(III) and (1)(b); and add (3) as follows:

• Page 17, Line 2212-220-306.  Dentists may prescribe drugs - surgical operations

• Page 17, Line 23- anesthesia - limits on prescriptions - rules. (1) (a)  A licensed dentist is authorized to:

• Page 18, Line 1(III)  Administer, pursuant to a permit required by section

• Page 18, Line 212-220-411 and pursuant to board rules, local anesthesia, analgesia

• Page 18, Line 3including nitrous oxide/oxygen inhalation, medication prescribed or

• Page 18, Line 4administered for the relief of anxiety or apprehension, minimal sedation, moderate sedation, deep sedation, or general anesthesia; and

• Page 18, Line 5(b)  A dentist shall not prescribe, distribute, or give to any person,

• Page 18, Line 6including the dentist themself, any habit-forming drug or any controlled

• Page 18, Line 7substance, as defined in section 18-18-102 (5) or as contained in schedule

• Page 18, Line 8II of 21 U.S.C. sec. 812, other than in the course of legitimate dental

• Page 18, Line 9practice and pursuant to the rules promulgated adopted by the board

• Page 18, Line 10regarding controlled substance record keeping and in compliance with

• Page 18, Line 11the electronic prescribing of controlled substances as required by section 12-30-111.

• Page 18, Line 12(3)  A licensed dentist may prescribe orders electronically.

• Page 18, Line 13SECTION 12.  In Colorado Revised Statutes, 12-220-310, amend (1)(a), (1)(b)(IV), (2)(b), and (5); and add (2)(d) and (4.5) as follows:

• Page 18, Line 1412-220-310.  Dentist peer health assistance program - fees -

• Page 18, Line 15rules. (1) (a)  Effective July 1, 2004, as a condition of renewal in this

• Page 18, Line 16state, every An applicant for a dentist license or a dentist applying

• Page 18, Line 17to renew the dentist's license must, at the time of application, pay to

• Page 18, Line 18the administering entity that has been selected by the board pursuant to

• Page 18, Line 19subsection (1)(b) of this section an amount a fee not to exceed fifty-nine

• Page 18, Line 20dollars per year, which maximum amount may be adjusted on January 1,

• Page 18, Line 212005, and annually thereafter by the board to reflect changes in the United

• Page 18, Line 22States department of labor, labor's bureau of labor statistics consumer

• Page 19, Line 1price index, or a successor index, for Denver-Aurora-Lakewood for all

• Page 19, Line 2urban consumers or goods. or its successor index. The fee shall be used

• Page 19, Line 3to support designated providers that have been selected by the board to

• Page 19, Line 4provide assistance to dentists needing help in dealing with physical,

• Page 19, Line 5emotional, or psychological problems that may be detrimental to their

• Page 19, Line 6ability to practice dentistry. The fee shall must not exceed one hundred dollars per year per licensee.

• Page 19, Line 7(b)  The board shall select one or more peer health assistance

• Page 19, Line 8programs as designated providers. To be eligible for designation by the board, a peer health assistance program must:

• Page 19, Line 9(IV)  Monitor the status of a dentist who has been referred for

• Page 19, Line 10treatment, including providing training and calibration to dentists providing practice monitoring services;

• Page 19, Line 11(2) (b)  Notwithstanding sections 12-220-201 and 24-4-104, the

• Page 19, Line 12board may immediately suspend the license of any a dentist who is

• Page 19, Line 13referred to a peer health assistance program by the board and who fails to

• Page 19, Line 14attend or complete the program. If the dentist objects to the suspension,

• Page 19, Line 15the dentist may submit a written request to the board, in a format

• Page 19, Line 16approved by the board, for a formal hearing on the suspension within

• Page 19, Line 17ten days after receiving notice of the suspension, and the board shall grant

• Page 19, Line 18the request. In the hearing, the dentist bears the burden of proving that the dentist's license should not be suspended.

• Page 19, Line 19(d)  A dentist may self-refer to participate in the peer

• Page 19, Line 20health assistance program or may be referred by the board. A

• Page 19, Line 21dentist who self-refers to the peer health assistance program

• Page 19, Line 22may do so confidentially and without direct notification to the

• Page 19, Line 23board. Such self-referral to the peer health assistance program

• Page 20, Line 1satisfies board notification requirements set forth in section

• Page 20, Line 212-220-207 and subsection (3) of this section; except that the peer

• Page 20, Line 3health assistance program shall report knowledge of a

• Page 20, Line 4dentist's violation of this article 220 or rules of the board,

• Page 20, Line 5excluding omissions solely related to violations of section 12-220-201 (1)(e) or (1)(f).

• Page 20, Line 6(4.5)  Before the renewal of a peer assistance vendor

• Page 20, Line 7contract, the board shall conduct a review of the services

• Page 20, Line 8provided under the contract and needs among the licensee

• Page 20, Line 9community, which must include a process to receive input from stakeholders and the public.

• Page 20, Line 10(5)  The board is authorized to promulgate may adopt rules necessary to implement this section.

• Page 20, Line 11SECTION 13.  In Colorado Revised Statutes, 12-220-402, amend (1)(a) as follows:

• Page 20, Line 1212-220-402.  Dentist academic license. (1) (a)  A dentist who is

• Page 20, Line 13employed at an accredited school or college of dentistry in this state and

• Page 20, Line 14who practices dentistry in the course of the dentist's employment

• Page 20, Line 15responsibilities must either make written file an application to the board

• Page 20, Line 16for an academic license in accordance with this section, in a format

• Page 20, Line 17approved by the board, or otherwise become licensed pursuant to sections 12-220-401 and 12-220-403, as applicable.

• Page 20, Line 18SECTION 14.  In Colorado Revised Statutes, 12-220-403, amend (1) as follows:

• Page 20, Line 1912-220-403.  Examination - how conducted - dentist license

• Page 20, Line 20issued to successful applicants. (1)  An applicant for dental licensure

• Page 20, Line 21must submit to the board proof that the applicant successfully passed the following:

• Page 21, Line 1(a)  The examination administered by the Joint Commission on National Dental Examinations; and

• Page 21, Line 2(b)  An examination or other methodology, as determined by the

• Page 21, Line 3board, designed to test the applicant's clinical skills and knowledge, which may include residency and portfolio models; and

• Page 21, Line 4(c)  A jurisprudence examination approved by the board

• Page 21, Line 5and designed to test the applicant's knowledge of this article 220.

• Page 21, Line 6SECTION 15.  In Colorado Revised Statutes, 12-220-406, amend (1) as follows:

• Page 21, Line 712-220-406.  Dental hygienist examinations - license. (1)  Every

• Page 21, Line 8applicant for dental hygiene licensure must submit to the board proof that the applicant successfully completed the following:

• Page 21, Line 9(a)  An examination administered by the Joint Commission on National Dental Examinations; and

• Page 21, Line 10(b)  An examination designed to test the applicant's clinical skills

• Page 21, Line 11and knowledge, which must be administered by a regional testing agency

• Page 21, Line 12composed of at least four states or an examination of another state, or a

• Page 21, Line 13methodology adopted by the board by rule that is designed to test the applicant's clinical skills and knowledge; and

• Page 21, Line 14(c)  A jurisprudence examination approved by the board

• Page 21, Line 15and designed to test the applicant's knowledge of this article 220.

• Page 21, Line 16SECTION 16.  In Colorado Revised Statutes, 12-220-407.2, amend (1)(a) introductory portion and (1)(b) as follows:

• Page 21, Line 1712-220-407.2.  Application for dental therapist license - fee -

• Page 22, Line 1rules. (1)  Effective May 1, 2023, every person who desires to qualify for practice as a dental therapist within this state must file with the board:

• Page 22, Line 2(a)  A written An application for a license, in a format approved by the board, on which application the applicant must list:

• Page 22, Line 3(b)  Satisfactory proof that the applicant:

• Page 22, Line 4(I)  Graduated from a school of dental therapy that, at the time of

• Page 22, Line 5the applicant's graduation, was accredited; by the American Dental

• Page 22, Line 6Association's commission on dental accreditation or its successor organization; or

• Page 22, Line 7(II)  Graduated from a dental therapy education program developed

• Page 22, Line 8prior to February 6, 2015, that, at the time of the applicant's graduation,

• Page 22, Line 9was accredited recognized by the Minnesota board of dentistry or

• Page 22, Line 10certified by the Alaska community health aide program certification board.

• Page 22, Line 11SECTION 17.  In Colorado Revised Statutes, 12-220-407.5, amend (1) as follows:

• Page 22, Line 1212-220-407.5.  Dental therapist examinations - license.

• Page 22, Line 13(1)  Every applicant for a dental therapy license must submit to the board proof that the applicant successfully completed:

• Page 22, Line 14(a)  A clinical examination for dental therapy that:

• Page 22, Line 15(a)  (I)  Is designed to test the applicant's clinical dental therapy skills and knowledge;

• Page 22, Line 16(b)  (II) Includes dental therapy restorative and dental hygiene clinical skill evaluation; and

• Page 22, Line 17(c)  (III) Is administered by a regional testing agency composed of at least four states or an examination of another state; and

• Page 22, Line 18(b)  A jurisprudence examination approved by the board

• Page 23, Line 1and designed to test the applicant's knowledge of this article 220.

• Page 23, Line 2SECTION 18.  In Colorado Revised Statutes, 12-220-409, add (6) as follows:

• Page 23, Line 312-220-409.  Inactive dental, dental therapist, or dental

• Page 23, Line 4hygienist license - rules. (6)  The board shall adopt rules that

• Page 23, Line 5allow an expedited, temporary licensure during public health

• Page 23, Line 6emergencies and acute workforce shortages for a dentist,

• Page 23, Line 7dental hygienist, or dental therapist who has maintained a

• Page 23, Line 8license in good standing with no past disciplinary history prior to obtaining an inactive license. The rules must address:

• Page 23, Line 9(a)  Supervision or practice monitoring requirements;

• (b)  Liability coverage requirements;

• Page 23, Line 10(c)  Other conditions of or limitation on practice; and

• Page 23, Line 11(d)  Temporary license terms, administrative approvals, timelines, and renewal options.

• Page 23, Line 12SECTION 19.  In Colorado Revised Statutes, 12-220-410, add (7) as follows:

• Page 23, Line 1312-220-410.  Retired dental, dental therapist, and dental

• Page 23, Line 14hygienist licenses - rules. (7)  The board shall adopt rules that

• Page 23, Line 15allow an expedited, temporary licensure during public health

• Page 23, Line 16emergencies and acute workforce shortages for a dentist,

• Page 23, Line 17dental hygienist, or dental therapist who has maintained a

• Page 23, Line 18license in good standing with no past disciplinary history prior to obtaining an inactive license. The rules must address:

• Page 23, Line 19(a)  Supervision or practice monitoring requirements;

• Page 23, Line 20(b)  Liability coverage requirements;

• (c)  Other conditions of or limitation on practice; and

• Page 24, Line 1(d)  Temporary license terms, administrative approvals, timelines, and renewal options.

• Page 24, Line 2SECTION 20.  In Colorado Revised Statutes, 12-220-412, amend (1) as follows:

• Page 24, Line 312-220-412.  Change of address - duplicate licenses and

• Page 24, Line 4certificates. (1)  Every A person licensed under this article 220, upon

• Page 24, Line 5changing the licensee's place of business or contact information, shall

• Page 24, Line 6furnish to the board the licensee's new mailing address and email address within thirty days after the change.

• Page 24, Line 7SECTION 21.  In Colorado Revised Statutes, 12-220-501, amend (1)(a), (3)(a)(VI), and (3)(b)(III); and repeal (2) as follows:

• Page 24, Line 812-220-501.  Tasks authorized to be performed by dental

• Page 24, Line 9therapists, dental hygienists, or dental assistants - rules.

• Page 24, Line 10(1) (a) (I)   Except as provided in subsection (1)(a)(II) of this section, The

• Page 24, Line 11responsibility for dental diagnosis, dental treatment planning, or the

• Page 24, Line 12prescription of therapeutic measures in the practice of dentistry remains

• Page 24, Line 13with a licensed dentist and may not be assigned to any a dental therapist, or dental hygienist, or dental assistant.

• Page 24, Line 14(II)  A dental hygienist may:

• Page 24, Line 15(A)  Perform dental hygiene assessment, dental hygiene diagnosis,

• Page 24, Line 16and dental hygiene treatment planning for dental hygiene services pursuant to section 12-220-503 (1)(f);

• Page 24, Line 17(B)  Identify dental abnormalities for immediate referral to a dentist as described in section 12-220-503 (1)(f); and

• Page 24, Line 18(C)  In collaboration with a licensed dentist, prescribe, administer,

• Page 24, Line 19and dispense, as described in section 12-220-503 (1)(g): Fluoride,

• Page 25, Line 1fluoride varnish, silver diamine fluoride, antimicrobial solutions for

• Page 25, Line 2mouth rinsing, other nonsystemic antimicrobial agents, and resorbable antimicrobial agents pursuant to rules of the board.

• Page 25, Line 3(D)  Repealed.

• Page 25, Line 4(2)  Except as provided in subsection (1) of this section, a dental

• Page 25, Line 5hygienist may perform any dental task or procedure assigned to the

• Page 25, Line 6hygienist by a licensed dentist that does not require the professional skill

• Page 25, Line 7of a licensed dentist; except that the dental hygienist may perform the task

• Page 25, Line 8or procedure only under the indirect supervision of a licensed dentist or as authorized in sections 12-220-503 and 12-220-504.

• Page 25, Line 9(3) (a)  A dental assistant shall not perform the following tasks:

• Page 25, Line 10(VI)  Scaling (supra and sub-gingival); as it pertains to the practice of dental hygiene;

• Page 25, Line 11(b)  A dental assistant may perform the following tasks under the indirect supervision of a licensed dentist:

• Page 25, Line 12(III)  Gathering and assembling information, including but not

• Page 25, Line 13limited to fact-finding and patient history, oral inspection, and

• Page 25, Line 14recording of dental and periodontal charting as dictated by a licensee;

• Page 25, Line 15SECTION 22.  In Colorado Revised Statutes, amend 12-220-502 as follows:

• Page 25, Line 1612-220-502.  Construction of dental devices by unlicensed

• Page 25, Line 17technician. (1) (a)  A licensed dentist who uses the services of an

• Page 25, Line 18unlicensed technician for the purpose of constructing, altering, repairing,

• Page 25, Line 19or duplicating any denture, bridge, splint, or orthodontic or prosthetic

• Page 25, Line 20appliance a laboratory-fabricated intraoral or maxillofacial

• Page 25, Line 21dental prosthesis, product, or appliance shall furnish the unlicensed

• Page 26, Line 1technician with a written or electronic dental laboratory work order in

• Page 26, Line 2a form approved by that complies with rules of the board, which form

• Page 26, Line 3shall be dated and signed by the dentist for each separate and individual

• Page 26, Line 4piece of work. The dentist shall make the dental laboratory work order

• Page 26, Line 5in a reproducible documented form, and the dentist and the unlicensed

• Page 26, Line 6technician shall each retain a copy in a permanent file for two years as a

• Page 26, Line 7permanent part of the patient record. The laboratory

• Page 26, Line 8technician shall retain a copy of the dental laboratory work

• Page 26, Line 9order in a file for a minimum of two years. The permanent files of

• Page 26, Line 10the licensed dentist and the unlicensed technician must be open to

• Page 26, Line 11inspection at any reasonable time by the board or its duly constituted

• Page 26, Line 12agent. The licensed dentist that furnishes the dental laboratory work

• Page 26, Line 13order must have appropriate training, education, and experience related

• Page 26, Line 14to the prescribed treatment and is responsible for directly supervising all intraoral treatment rendered to the patient.

• Page 26, Line 15(b)  If a patient's care requires that multiple

• Page 26, Line 16laboratory-fabricated intraoral or maxillofacial dental

• Page 26, Line 17prostheses or appliances be fabricated at the same time, it is

• Page 26, Line 18permissible to incorporate those products or appliances into a single dental laboratory work order.

• Page 26, Line 19(b)  (c)  An unlicensed technician that possesses a valid dental

• Page 26, Line 20laboratory work order may provide extraoral construction, manufacture,

• Page 26, Line 21fabrication, supply, or repair of identified dental and orthodontic devices

• Page 26, Line 22but shall not provide intraoral service in a human mouth except under the

• Page 26, Line 23direct supervision of a licensed dentist in accordance with section 12-220-501 (3)(d).

• Page 26, Line 24(2)  If the dentist fails to keep permanent records of dental

• Page 27, Line 1laboratory work orders as required in subsection (1)(a) of this section, the

• Page 27, Line 2dentist is subject to disciplinary action as deemed appropriate by the board.

• Page 27, Line 3(3)  If an unlicensed technician fails to have in the technician's

• Page 27, Line 4possession a dental laboratory work order signed by a licensed dentist

• Page 27, Line 5with each denture, bridge, splint, or orthodontic or prosthetic appliance

• Page 27, Line 6in the technician's possession, the absence of the dental laboratory work

• Page 27, Line 7order is prima facie evidence of a violation of this section and constitutes

• Page 27, Line 8the practice of dentistry without an active license in violation of, and subject to the penalties specified in, section 12-220-211.

• Page 27, Line 9SECTION 23.  In Colorado Revised Statutes, 12-220-503, amend

• Page 27, Line 10(1) introductory portion, (1)(d)(II), (1)(d)(IV), (1)(d)(V), (1)(f), (1)(g)(I),

• Page 27, Line 11(1)(g)(III)(A), (1)(g)(III)(B), (1)(g)(III)(C), (1)(g)(IV) introductory

• Page 27, Line 12portion, (2), and (4); repeal (1)(g)(II)(A); and add (1)(d)(VI), (1)(e.5), and (1)(h) as follows:

• Page 27, Line 1312-220-503.  What constitutes practicing unsupervised dental

• Page 27, Line 14hygiene - rules. (1)  Notwithstanding subsection (3) of this

• Page 27, Line 15section, unless licensed to practice dentistry, a person an individual is

• Page 27, Line 16deemed to be practicing unsupervised dental hygiene when the person

• Page 27, Line 17individual, within the scope of the person's individual's education, training, and experience:

• Page 27, Line 18(d)  Gathers and assembles information, including but not limited to:

• Page 27, Line 19(II)  Preparation Provision of study casts for the purpose of

• Page 27, Line 20fabricating a permanent record of the patient's present condition; as a

• Page 27, Line 21visual aid for patient education, dental hygiene diagnosis, and dental

• Page 27, Line 22hygiene treatment planning; and to provide assistance during forensic examination or digital scans;

• Page 28, Line 1(IV)  Dental charting and periodontal probing and charting; and

• Page 28, Line 2(V)  Radiographic and X-ray survey for the purpose of assessing

• Page 28, Line 3and diagnosing dental hygiene-related conditions for treatment planning

• Page 28, Line 4for dental hygiene services as described in this section and identifying

• Page 28, Line 5dental hard and soft tissue abnormalities for immediate referral to a dentist or appropriate specialist; and

• Page 28, Line 6(VI)  Additional screening or screening tests for further

• Page 28, Line 7investigation of any oral or systemic health-related concern; and

• Page 28, Line 8(e.5)  Administers local anesthesia in compliance with

• Page 28, Line 9section 12-220-411 and rules adopted by the board, including

• Page 28, Line 10minimum education requirements and procedures for local anesthesia administration;

• Page 28, Line 11(f)  Performs dental hygiene assessment, dental hygiene diagnosis,

• Page 28, Line 12and dental hygiene treatment planning for hard and soft tissue for

• Page 28, Line 13dental hygiene services as described in this section and identifies dental

• Page 28, Line 14abnormalities for immediate referral to a dentist or appropriate specialist; or

• Page 28, Line 15(g) (I)  Prescribes, administers, and dispenses fluoride, fluoride

• Page 28, Line 16varnish, silver diamine fluoride fluorides in accordance with subsection

• Page 28, Line 17(1)(g)(IV) of this section, antimicrobial solutions for mouth rinsing, other

• Page 28, Line 18nonsystemic antimicrobial agents, and related emergency drugs and

• Page 28, Line 19reversal agents. in collaboration with a licensed dentist. The board, by

• Page 28, Line 20rule, may further define the permissible and appropriate emergency drugs

• Page 28, Line 21and reversal agents. An articulated plan with a collaborating dentist for

• Page 28, Line 22dental hygiene prescribing must describe any protocols, restrictions or

• Page 29, Line 1limitations, follow-up and referral mechanisms, notification and

• Page 29, Line 2disclosure requirements, and any other requirements established by the

• Page 29, Line 3board by rule. Dental hygienists shall maintain clear documentation in the

• Page 29, Line 4patient record of the drug or agent prescribed, administered, or dispensed;

• Page 29, Line 5the date of the action; and the rationale for prescribing, administering, or dispensing the drug or agent.

• Page 29, Line 6(II)  A dental hygienist shall not prescribe, administer, or dispense the following:

• Page 29, Line 7(A)  Drugs whose primary effect is systemic, with the exception of

• Page 29, Line 8fluoride supplements permitted under subsection (1)(g)(III)(A) of this section; and

• Page 29, Line 9(III)  A dental hygienist may prescribe the following:

• Page 29, Line 10(A)  Fluoride supplements; as follows, all using sodium fluoride:

• Page 29, Line 11Tablets: 0.5 mg, 1.1 mg, or 2.2 mg; lozenges: 2.21 mg; and drops: 1.1 mL;

• Page 29, Line 12(B)  Topical anti-caries treatments, as follows, all using sodium

• Page 29, Line 13fluoride unless otherwise indicated: Toothpastes: 1.1% or less (or

• Page 29, Line 14stannous fluoride 0.4%); topical gels: 1.1% or less (or stannous fluoride

• Page 29, Line 150.4%); oral rinses: 0.05%, 0.2%, 0.44%, or 0.5%; oral rinse concentrate

• Page 29, Line 16used in periodontal disease: 0.63% stannous fluoride; fluoride varnish:

• Page 29, Line 175%; silver diamine fluoride: 38%; and prophy pastes containing

• Page 29, Line 18approximately 1.23% sodium fluoride and used for polishing procedures

• Page 29, Line 19as part of professional dental prophylaxis treatment including sodium

• Page 29, Line 20fluoride, stannous fluoride, silver diamine fluoride, and other

• Page 29, Line 21silver fluorides. The board may adopt rules that identify safe

• Page 29, Line 22prescribing alternatives to silver diamine fluoride as a

• Page 29, Line 23treatment for strengthening teeth and preventing tooth decay.

• Page 30, Line 1(C)  Topical anti-infectives, as follows: Chlorhexidine gluconate

• Page 30, Line 2rinses: 0.12%; chlorhexidine gluconate periodontal chips for subgingival

• Page 30, Line 3insertion into a periodontal pocket/sulcus; tetracycline impregnated fibers,

• Page 30, Line 4inserted subgingivally into a periodontal pocket/sulcus; doxycycline

• Page 30, Line 5hyclate periodontal gel, inserted subgingivally into a periodontal

• Page 30, Line 6pocket/sulcus; and minocycline hydrochloride periodontal powder,

• Page 30, Line 7inserted subgingivally into a periodontal pocket/sulcus including

• Page 30, Line 8chlorhexidine gluconate rinse, periodontal chips, periodontal

• Page 30, Line 9gels, periodontal powders, and impregnated fibers for periodontal treatment; and

• Page 30, Line 10(IV)  A dental hygienist may prescribe and apply silver diamine

• Page 30, Line 11fluoride and other silver fluorides upon completion of a

• Page 30, Line 12postsecondary course or continuing education course developed at the

• Page 30, Line 13postsecondary level that satisfies the requirements established by the

• Page 30, Line 14board and provides instructions on the use and limitations of applying

• Page 30, Line 15silver diamine fluoride. A dental hygienist may complete the course described in this subsection (1)(g)(IV) through:

• Page 30, Line 16(h)  Directs dental assistants to assist in activities that

• Page 30, Line 17are within the scope of practice for a dental hygienist under

• Page 30, Line 18direct supervision of a dental hygienist only; except that dental

• Page 30, Line 19assistants shall not perform activities disallowed under section 12-220-501 (3)(a).

• Page 30, Line 20(2)  A dental hygienist shall state in writing and require a patient

• Page 30, Line 21to acknowledge by signature that any diagnosis or assessment is for the

• Page 30, Line 22purpose of determining necessary dental hygiene services only. and that

• Page 30, Line 23it is recommended by the American Dental Association, or any successor

• Page 30, Line 24organizations, that a thorough dental examination be performed by a dentist twice each year.

• Page 31, Line 1(4) (a)  Notwithstanding section 12-220-104 (13) or 12-220-305

• Page 31, Line 2(1)(b), and consistent with section 12-220-303, a dental hygienist

• Page 31, Line 3may be the proprietor of a place where supervised or unsupervised dental

• Page 31, Line 4hygiene is performed and may purchase, own, or lease equipment,

• Page 31, Line 5dental materials, and supplies necessary to perform supervised or unsupervised dental hygiene.

• Page 31, Line 6(b)  A dental hygienist proprietor, or a professional corporation,

• Page 31, Line 7limited liability partnership, or professional limited liability

• Page 31, Line 8corporation of dental hygienists, in addition to providing dental hygiene

• Page 31, Line 9services, may enter into an agreement with one or more dentists for the

• Page 31, Line 10lease or rental of equipment or office space in the same physical location

• Page 31, Line 11as the dental hygiene practice, but only if the determination of necessary

• Page 31, Line 12dental services provided by the dentist and professional responsibility for

• Page 31, Line 13those services, including but not limited to dental records, appropriate

• Page 31, Line 14medication, and patient payment, remain with the treating dentist. It is the

• Page 31, Line 15responsibility of the dental hygienist to inform the patient as to whether

• Page 31, Line 16there is a supervisory relationship between the dentist and the dental

• Page 31, Line 17hygienist. An agreement under this subsection (4)(b) does not constitute

• Page 31, Line 18employment and does not constitute cause for discipline pursuant to section 12-220-201 (1)(h).

• Page 31, Line 19SECTION 24.  In Colorado Revised Statutes, amend 12-220-504, as follows:

• Page 31, Line 2012-220-504.  What constitutes practicing supervised dental

• Page 31, Line 21hygiene - rules. (1)  Notwithstanding section 12-220-501 (3), unless

• Page 31, Line 22licensed to practice dentistry, a person who performs any of the following

• Page 31, Line 23tasks under the supervision of a licensed dentist is deemed to be practicing supervised dental hygiene:

• Page 32, Line 1(a)  Performing a task described in section 12-220-503 (1);

• (b)  Preparing study casts;

• Page 32, Line 2(c)  Administering local anesthesia under the indirect supervision

• Page 32, Line 3of a licensed dentist pursuant to rules of the board, including minimum

• Page 32, Line 4education requirements and procedures for local anesthesia administration; or

• Page 32, Line 5(d)  Placing interim therapeutic restorations pursuant to section 12-220-505.

• Page 32, Line 6(e)  Repealed.

• Page 32, Line 7(a)  Administering and monitoring inhalation anesthesia

• Page 32, Line 8under the indirect supervision of a dentist consistent with

• Page 32, Line 9section 12-220-305 (1)(q) and pursuant to the rules of the board regarding training and minimum education requirements;

• Page 32, Line 10(b)  Utilizing a laser for dental hygiene purposes within defined scopes of practice in accordance with rules of the board;

• Page 32, Line 11(c)  Pursuant to rules adopted by the state board of

• Page 32, Line 12health created in section 25-1-103 and provided to the Colorado

• Page 32, Line 13dental board, administering immunizations, under the direct

• Page 32, Line 14supervision of a licensed dentist or the delegation of a licensed

• Page 32, Line 15physician, pharmacist certified in immunization, or other

• Page 32, Line 16delegated professional, to dental patients of record if the

• Page 32, Line 17patients are six years of age or older or to dental patients of

• Page 32, Line 18record under six years of age if the patients are receiving immunization in certain health-care settings;

• Page 32, Line 19(d)  Administering neuromodulators and dermal fillers

• Page 32, Line 20for therapeutic and cosmetic purposes under the direct

• Page 33, Line 1supervision of a licensed dentist, or the delegation of a licensed

• Page 33, Line 2physician or other delegated professional, pursuant to rules

• Page 33, Line 3adopted by the board. The board shall adopt rules regarding the appropriate education and training, as applicable.

• Page 33, Line 4(e)  Prescribing, dispensing, and administering non-opioid

• Page 33, Line 5analgesic drugs and antibiotic drugs under a written

• Page 33, Line 6articulated plan and with the authority of a supervising licensed dentist.

• Page 33, Line 7(2)  A dental hygienist may perform any dental task or

• Page 33, Line 8procedure assigned to the dental hygienist by a licensed dentist

• Page 33, Line 9that does not require the professional skill of a licensed

• Page 33, Line 10dentist; except that the dental hygienist may perform the task

• Page 33, Line 11or procedure only under the indirect supervision of a licensed dentist or as authorized in sections 12-220-503 and 12-220-504.

• Page 33, Line 12SECTION 25.  In Colorado Revised Statutes, 12-220-505, amend (1)(b), (1)(d), and (6)(a); and add (6)(c) as follows:

• Page 33, Line 1312-220-505.  Interim therapeutic restorations by dental

• Page 33, Line 14hygienists - permitting process - rules - subject to review. (1)  Upon

• Page 33, Line 15application, accompanied by a fee in an amount determined by the

• Page 33, Line 16director, the board shall grant a permit to place interim therapeutic restorations to any dental hygienist applicant who:

• Page 33, Line 17(b)  Has completed a course developed at the postsecondary

• Page 33, Line 18educational level that complies with the rules adopted by the board. The

• Page 33, Line 19course must be offered under the direct supervision of a member of the

• Page 33, Line 20faculty of a an accredited Colorado dental or dental hygiene school.

• Page 33, Line 21accredited by the Commission on Dental Accreditation or its successor

• Page 33, Line 22agency. All faculty responsible for clinical evaluation of students must be

• Page 34, Line 1dentists with a faculty appointment at an accredited Colorado dental or dental hygiene school.

• Page 34, Line 2(d)  Furnishes, supplies, constructs, reproduces, or repairs any

• Page 34, Line 3prosthetic denture, bridge, appliance, or other structure to be worn in the

• Page 34, Line 4human mouth or upon the jaws, maxillofacial area, or adjacent and

• Page 34, Line 5associated structures other than on the written dental laboratory work order of a duly licensed and practicing dentist;

• Page 34, Line 6(6) (a)  A dentist shall not supervise more than five full-time

• Page 34, Line 7equivalent dental hygienists who place interim therapeutic restorations

• Page 34, Line 8under telehealth supervision unless granted a waiver by the board

• Page 34, Line 9pursuant to subsection (6)(b) of this section. For purposes of patient

• Page 34, Line 10referral for follow-up care, A dentist who supervises a dental hygienist

• Page 34, Line 11who provides interim therapeutic restorations under telehealth supervision

• Page 34, Line 12must have an active license in good standing issued by the board. and a

• Page 34, Line 13physical practice location in Colorado or within reasonable proximity of

• Page 34, Line 14the location where the interim therapeutic restoration is placed Before

• Page 34, Line 15providing interim therapeutic restorations, a dental hygienist

• Page 34, Line 16shall confirm in communications to the supervising dentist a

• Page 34, Line 17referral for follow-up care to a licensed dentist within

• Page 34, Line 18reasonable physical proximity to the location where the interim therapeutic restoration is placed.

• Page 34, Line 19(c)  A dentist shall not supervise, in aggregate, more than

• Page 34, Line 20five full-time equivalent dental hygienists or dental therapists

• Page 34, Line 21performing procedures pursuant to subsection (6)(a) of this

• Page 34, Line 22section and section 12-220-508, and limits on supervision of

• Page 34, Line 23dental therapists must remain consistent with section 12-220-508

• Page 34, Line 24(3).

• Page 35, Line 1SECTION 26.  In Colorado Revised Statutes, 12-220-508, amend

• Page 35, Line 2(1)(a) introductory portion, (2)(a)(VI), and (3)(a); and add (1)(c)(IX) and (3)(d) as follows:

• Page 35, Line 312-220-508.  Practice of dental therapy - supervision

• Page 35, Line 4requirement - rules. (1) (a)  A dental therapist may perform the

• Page 35, Line 5following tasks and procedures under the direct supervision of a licensed dentist with an active license in good standing:

• Page 35, Line 6(c)  A dental therapist licensed pursuant to this article 220 may

• Page 35, Line 7perform the following tasks under the indirect supervision of a licensed

• Page 35, Line 8dentist, regardless of the number of hours the dental therapist has practiced:

• Page 35, Line 9(IX)  Directing dental assistants to assist in activities

• Page 35, Line 10that are within the scope of practice for a dental therapist

• Page 35, Line 11under direct and indirect supervision of the dental therapist

• Page 35, Line 12only; except that dental assistants shall not perform activities disallowed under section 12-220-501 (3)(a).

• Page 35, Line 13(2) (a)  An articulated plan between a dental therapist and a dentist must include:

• Page 35, Line 14(VI)  Consistent with dental assistants' scope of practice,

• Page 35, Line 15policies for supervising dental assistants and working with dental hygienists and other dental practitioners and staff.

• Page 35, Line 16(3) (a)  Except as provided in subsection (3)(b), or (3)(c), or (3)(d)

• Page 35, Line 17of this section, a dentist may not simultaneously supervise more than three full-time or full-time-equivalent dental therapists.

• Page 35, Line 18(d)  A dentist shall not supervise in aggregate more than

• Page 35, Line 19five full-time equivalent dental hygienists or dental therapists

• Page 35, Line 20pursuant to this section and section 12-220-505 (6)(a), and limits

• Page 36, Line 1on supervision of dental therapists must remain consistent with this subsection (3).

• Page 36, Line 2SECTION 27.  In Colorado Revised Statutes, 24-34-104, repeal (26)(a)(I); and add (35)(a)(VI) as follows:

• Page 36, Line 324-34-104.  General assembly review of regulatory agencies

• Page 36, Line 4and functions for repeal, continuation, or reestablishment - legislative

• Page 36, Line 5declaration - repeal. (26) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2025:

• Page 36, Line 6(I)  The Colorado dental board created in article 220 of title 12;

• Page 36, Line 7(35) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2034:

• Page 36, Line 8(VI)  The Colorado dental board created in article 220 of title 12.

• Page 36, Line 9SECTION 28.  Repeal of relocated provisions. In Colorado Revised Statutes, repeal 12-220-104 (11).

• Page 36, Line 10SECTION 29.  Act subject to petition - effective date. This act

• Page 36, Line 11takes effect at 12:01 a.m. on the day following the expiration of the

• Page 36, Line 12ninety-day period after final adjournment of the general assembly; except

• Page 36, Line 13that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 36, Line 14of the state constitution against this act or an item, section, or part of this

• Page 36, Line 15act within such period, then the act, item, section, or part will not take

• Page 36, Line 16effect unless approved by the people at the general election to be held in

• Page 36, Line 17November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.