It is the purpose of this article220topromotethepublichealth,safety,andwelfarebyregulating the practice of dentistry,AL THERAPY , and dental hygiene and to ensure that no one shall practiceCES dentistrDENTALTHERAPY , or dental hygiene without qualifying under this article 220.

The provisions of this article 220 relating to licensure by credentials are not intended to reduce competition or restrain trade with respect to the oral healthneedsofthepublic.Allprovisionsofthisarticle220relatingtothe practice of dentistry,TAL THERAPY , and dental hygiene shall be liberally construed to carry out these objects and purposes.

SECTION3.

In Colorado RevisedStatutes,12-220-104,amend (1), (3), (13), and (15);

and add (5.5) as follows:

12-220-104.

Definitions-rules.Asusedinthisarticle220,unless the context otherwise requires:

(1) "Accredited"meansaprogramthatisnationallyrecognizedfor specializedaccreditingfordental,TALTHERAPY ,dentalhygiene,and -4- 219 dental auxiliary programs by the United States department of education.

(3) "Dental assistant" means any person, other than a dentist, DENTAL THERAPIST , or dental hygienist, licensed in Colorado, who may be assigned or delegated to perform dental tasks or procedures as authorized by this article 220 or by rules of the board.

(5.5) "DENTALTHERAPY "MEANSTHE DELIVERYOFDENTALCARE AS SPECIFIED IN SECTION12-220-507 AND IN ACCORDANCE WITH THIS ARTICLE 220 AND RULES PROMULGATED BY THE BOARD .

(13) "Proprietor" includes any person who:

(a) Employs dentists,ENTAL THERAPISTS , dental hygienists, or dental assistants in the operation of a dental office, except as provided in sections 12-220-305 and 12-220-501;

(b) Places in possession of a dentist,AL THERAPIST, dental hygienist, dental assistant, or other agent dental material or equipment that maybe necessaryfor the management of a dental office on the basis of a lease or any other agreement for compensation for the use of the material, equipment, or offices;

or (c) Retains the ownership or control of dental equipment or material or a dental office and makes the same available in any manner for use by dentists,DENTAL THERAPISTS , dental hygienists, dental assistants, or other agents;

except that nothing in this subsection (13)(c) applies to bona fide sales of dental equipment or material secured by a chattel mortgage or retain-title agreement or to the loan of articulators.

(15) "Telehealth supervision" means indirect supervision by a dentist of a DENTAL THERAPIST OR dental hygienist performing a statutorily authorized procedure using telecommunications systems.

SECTION 4.

In Colorado Revised Statutes, add 12-220-407.2 -5- 219 and 12-220-407.5 as follows:

12-220-407.2.

Application for dental therapist license - fee - rules.

(1) EFECTIVE M AY 1, 2023EVERY PERSON WHO DESIRES TO QUALIFYFORPRACTICEASADENTALTHERAPISTWITHINTHISSTATEMUST FILE WITH THE BOAR:

(a) A WRITTEN APPLICATION FOR A LICENSE , ON WHICH APPLICATION THE APPLICANT MUST LI:T (I) ANY ACT OR OMISSION OF THE APPLICANT THAT WOULD BE GROUNDSFORDISCIPLINARYACTIONUNDERSECTION 12-220-201AGAINST A LICENSED DENTAL THERAPIS;AND (II) AN EXPLANATION OF THE CIRCUMSTANCES OF THE ACT OR OMISSION;AND (b) SATISFACTORY PROOF THAT THE APPLICAN:

(I) GRADUATED FROM A SCHOOL OF DENTAL THERAPY THAT ,AT THE TIME OF THE APPLICAN'S GRADUATION, WAS ACCREDITED BY THE A MERICAN DENTAL ASSOCIATION S COMMISSION ON DENTAL ACCREDITATION ,OR ITS SUCCESSOR ORGANIZATIO;OR (II) GADUATEDFROMADENTALTHERAPYEDUCATIONPROGRAM DEVELOPED PRIOR TO FEBRUARY 6, 2015,THAT,AT THE TIME OF THE APPLICANT'SGRADUATION ,WASACCREDITEDBYTHE M INNESOTABOARD OF DENTISTRY OR CERTIFIED BY THALASKA COMMUNITY HEALTH AIDE PROGRAM CERTIFICATION BOARD .

(2) TEAPPLICANTMUSTAPPLYFORADENTALTHERAPISTLICENSE ONTHEFORMPRESCRIBEDANDFURNISHEDBYTHEBOARD ,MUSTCERTIFY THE APPLICATION UNDER PENALTY OF PERJURY,AND MUST SUBMIT THE FEE ESTABLISHED PURSUANT TO SECTION 12-20-105 WITH THE APPLICATION.

-6- 219 (3) A N APPLICANT FOR LICENSURE WHO HAS NOT GRADUATED FROMASCHOOLDESCRIBEDINSUBSECTION (1)(bOFTHISSECTIONWITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING APPLICATION ,OR WHO HAS NOT ENGAGED EITHER IN THE ACTIVE CLINICALPRACTICE OFDENTAL THERAPYORINTEACHINGDENTALTHERAPYINANACCREDITEDPROGRAM FOR AT LEAST ONE YEAR DURING THE FIVE YEARS IMMEDIATELY PRECEDING THE APPLICATIO,MUST DEMONSTRATE TO THE BOARD THAT THE APPLICANT HAS MAINTAINED THE PROFESSIONAL ABILITY AND KNOWLEDGE REQUIRED BY THIS ARTICLE220.

12-220-407.5.

Dental therapist examinations - license.

(1) EVERYAPPLICANT FORADENTALTHERAPYLICENSEMUST SUBMIT TO THE BOARD PROOF THAT THE APPLICANT SUCCESSFULLY COMPLETED A CLINICAL EXAMINATION FOR DENTAL THERAPY THAT:

(a) IS DESIGNED TO TEST THE APPLICANTS CLINICAL DENTAL THERAPY SKILLS AND KNOWLEDGE ;

(b) ICLUDES DENTAL THERAPY RESTORATIVE AND DENTAL HYGIENE CLINICAL SKILL EVALUATIO;AND (c) IADMINISTEREDBYAREGIONALTESTINGAGENCYCOMPOSED OF AT LEAST FOUR STATES OR AN EXAMINATION OF ANOTHER STA.E (2) ALLEXAMINATIONRESULTSREQUIREDBYTHEBOARDMUSTBE FILED WITH THE BOARD AND KEPT FOR REFERENCE FOR A PERIOD OF NOT LESSTHANTWO YEARS .IFANAPPLICANT SUCCESSFULLYCOMPLETES THE EXAMINATIONS AND IS OTHERWISE QUALIFIE,THE BOARD SHALL GRANT A LICENSE TO THE APPLICANT AND SHALL ISSUE A LICENSE CERTIFICATE SIGNED BY THE OFFICERS OF THE BOA.D (3) FOR THE PURPOSE OF COMPLETING THE EXAMINATION REQUIREMENTINSUBSECTION (1)OFTHISSECTION,IFTHEAPPLICANTHAS -7- 219 PREVIOUSLY SUCCESSFULLY COMPLETED A CLINICAL EXAMINATION FOR DENTALHYGIENEADMINISTEREDBYATESTINGAGENCYACCEPTEDBYTHE BOARD ,THE APPLICANT MAY BE EXEMPTED FROM THAT PART OF THE DENTAL THERAPY EXAMINATION .

SECTION5.

In Colorado RevisedStatutes,12-220-501,amend (1)(a)(I);

and add (2.5) as follows:

12-220-501.

Tasks authorized to be performed by dental therapists, dental hygienists, or dental assistants - rules.

(1) (a) (I) Except as provided in subsection (1)(a)(II) of this section, the responsibility for dental diagnosis, dental treatment planning, or the prescription of therapeutic measures in the practice of dentistry remains withalicenseddentistandmaynotbeassignedtoanyDENTALTHERAPIST OR dental hygienist.

(2.5) A DENTAL THERAPIST MAY PERFORM A DENTAL TASK OR PROCEDUREASSIGNEDTOTHEDENTALTHERAPISTBYALICENSEDDENTIST THAT DOES NOT REQUIRE THE PROFESSIONAL SKILL OF A LICENSED DENTIST;EXCEPT THAT THE DENTAL THERAPIST MAY PERFORM THE TASK OR PROCEDURE ONLY UNDER THE SUPERVISION AUTHORIZED UNDER SECTION 12-220-507.

SECTION 6.

In Colorado Revised Statutes, add 12-220-507 as follows:

12-220-507.

Practice of dental therapy supervision requirement - rules.

(1) (a) ATAL THERAPIST MAY PERFORM THE FOLLOWINGTASKSANDPROCEDURESUNDERTHEDIRECTSUPERVISIONOF A LICENSED DENTIS:

(I) PEPARE AND PLACE DIRECT RESTORATIONS IN PRIMARY AND PERMANENT TEETH ;

-8- 219 (II) ERFORM BRUSH BIOPSIES;

(III) ETRACTPERIODONTALLYDISEASEDPERMANENTTEETHWITH MOBILITY OF +3 TO +4, EXCEPT FOR TEETH THAT ARE UNERUPTED , IMPACTED ,FRACTURED ,OR REQUIRE SECTIONING;

(IV) E XTRACT PRIMARY TEETH THAT ARE ERUPTED OR NOT IMPACTED WITH RADIOLOGICAL EVIDENCE OF ROOTS ;

(V) O RAL EXAMINATION AND EVALUATION FOR CONDITIONS AND SERVICESTHATAREWITHINTHEDENTALTHERAPIST SSCOPEOFPRACTICE AND EDUCATION ;

(VI) PLACE TEMPORARY CROWNS ;

(VII) PREPARE AND PLACE PREFORMED CROWNS ;AND (VIII) REPAIR DEFECTIVE PROSTHETIC DEVICE.

(b) A DENTAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE 220 WHOHASCOMPLETEDONETHOUSANDHOURSORMOREUNDERDIRECT SUPERVISION,OR WHO HAS COMPLETED THE DIRECT SUPERVISION HOURS REQUIRED UNDER THE WAIVER DESCRIBED IN SUBSECTION (1)(eOF THIS SECTION ,MAY PRACTICE THE TASKS AND PROCEDURES IDENTIFIED IN SUBSECTION (1)(aOFTHISSECTIONUNDERTHEINDIRECTSUPERVISIONOF A LICENSED DENTIST PURSUANT TO A WRITTEN ARTICULATED PLAN WITH THEDENTISTTHATMEETSTHEREQUIREMENTSOFSUBSECTION (2)OFTHIS SECTION.

(c) A DENTAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE 220 MAY PERFORM THE FOLLOWING TASKS UNDER THE INDIRECT SUPERVISION OF A LICENSED DENTIS,REGARDLESS OF THE NUMBER OF HOURS THE DENTAL THERAPIST HAS PRACTICED:

(I) REIMPLANTING TEETH;

(II) SABILIZING REIMPLANTED TEETH;

-9- 219 (III) EXTRACTING PRIMARY TEETH THAT ARE ERUPTED OR NOT IMPACTED WITHOUT RADIOLOGICAL EVIDENCE OF ROOTS ;

(IV) REMOVING SUTURES ;

(V) PREPARING DENTAL STUDY CASTS ;

(VI) A DMINISTERING LOCAL ANESTHESIA IN ACCORDANCE WITH SECTION 12-220-411;

(VII) D ISPENSING AND ADMINISTERING THE FOLLOWING DRUGS WITHIN THE PARAMETERS OF A WRITTEN ARTICULATED PLAN AND WITH THE AUTHORIZATION OF THE SUPERVISING DENTIST :

NONNARCOTIC ANALGESICS ,ANTI-INFLAMMATORIES ,AND ANTIBIOTIC;

AND (VIII) ANY TASK OR PROCEDURE AUTHORIZED TO BE PERFORMED BY A LICENSED DENTAL HYGIENIST AS SPECIFIED IN RULES ADOPTED PURSUANT TO SECTIONS 12-220-106 (1)(a)(I), 12-220-501, 12-220-503 (1),12-220-504 (1)AND 12-220-505.

(d) ADENTALTHERAPIST SHALLCOMPLETEATLEASTAMAJORITY OFTHE DIRECT SUPERVISIONHOURS REQUIREDUNDERSUBSECTION (1)(b) OR (1)(e)PERFORMING THE TASKS AND PROCEDURES IDENTIFIED IN SUBSECTION (1)(a)OF THIS SECTIO.

(e) FOR THE PURPOSES OF SATISFYING THE PRACTICE HOURS REQUIREMENT SPECIFIED IN SUBSECTION (1)(a)OF THIS SECTION,THE BOARD , BY RULE ,MAY WAIVE UP TO SIX HUNDRED HOURS OF THE REQUIREDPRACTICEHOURS .INPROMULGATINGTHESERULES ,THEBOARD SHALL ,AT A MINIMUM ,CONSIDER THE NUMBER OF YEARS THE DENTAL THERAPIST HAS PRACTICED AS:

(I) ALICENSED DENTAL HYGIENIST INCOLORADO ;

(II) ALICENSED DENTAL HYGIENIST IN ANOTHER STATE;OR (III) ALICENSED DENTAL THERAPIST IN ANOTHER STAT.

-10- 219 (2)(a) NARTICULATEDPLANBETWEENADENTALTHERAPISTAND A DENTIST MUST INCLUDE:

(I) M ETHODS OF DENTIST SUPERVISION,CONSULTATION , AND APPROVAL ;

(II) PROTOCOLS FOR INFORMED CONSENT , RECORD KEEPING , QUALITYASSURANCE ANDDISPENSINGORADMINISTERINGMEDICATIONS ;

(III) PLICIESFORHANDLINGREFERRALSWHENA PATIENT NEEDS SERVICES THE DENTAL THERAPIST IS NOT AUTHORIZED OR QUALIFIED TO PROVIDE;

(IV) PROTOCOLS FOR ASSESSMENT OF DENTAL DISEASE AND THE FORMULATIONOFANINDIVIDUALIZEDTREATMENT PLANAUTHORIZEDBY THE SUPERVISING DENTIS;

(V) POLICIES FOR HANDLING MEDICAL EMERGENCIE;AND (VI) POLICIES FOR SUPERVISING DENTAL ASSISTANTS AND WORKINGWITH DENTALHYGIENISTSANDOTHERDENTALPRACTITIONERS AND STAFF.

(b) (I) ADENTIST WHO ENTERS INTO A WRITTEN ARTICULATED PLAN WITH A DENTAL THERAPIST SHALL ENSURE THAT THE DENTIS,OR ANOTHERDENTIST ,ISAVAILABLE TOTHE DENTALTHERAPISTFORTIMELY COMMUNICATION DURING THE DENTAL THERAPIST S PROVISION OF CARE TO A PATIEN.

(II) A DENTAL THERAPIST AND A DENTIST WHO ENTER INTO A WRITTEN ARTICULATED PLAN SHALL EACH MAINTAIN A PHYSICAL OR DIGITAL COPY OF THE PLA.

(III) A DENTAL THERAPIST MAY ENTER INTO WRITTEN ARTICULATED PLANS WITH MORE THAN ONE DENTIST IF EACH ARTICULATED PLAN INCLUDES THE SAME SUPERVISION REQUIREMENTS -11- 219 AND SCOPE OF PRACTICE.

(c) A WRITTEN ARTICULATED PLAN MUST BE SIGNED BY THE DENTIST AND THE DENTAL THERAPIST.

(d) FOR PURPOSES OF THIS SECTION,A WRITTEN ARTICULATED PLAN SATISFIES THE REQUIREMENT OF PRIOR KNOWLEDGE AND CONSENT FOR INDIRECT SUPERVISIO.

(3) (a)EXCEPT AS PROVIDED IN SUBSECTION(3)(b)OR (3)(cOF THIS SECTION,A DENTIST MAY NOT SIMULTANEOUSLY SUPERVISE MORE THANTHREEFULL -TIMEORFULL -TIMEEQUIVALENTDENTALTHERAPISTS .

(b)A DENTISTMAYSUPERVISEANADDITIONALTWOFULL -TIMEOR FULL-TIME EQUIVALENT DENTAL THERAPISTS WHO PRACTICE IN A FEDERALLY QUALIFIED HEALTH CENTER PURSUANT TO 42 U.S.C.

SEC.

1395x (aa)(4)OR A RURAL HEALTH CLINIC PURSUANT TO42 U.S.C.SEC.

1395x (aa)(4).

(c) THE BOARD SHALL PROMULGATE RULES CREATING A PROCESS FORADENTISTTOSEEKAWAIVERFROMTHESUPERVISIONLIMITSPECIFIED IN SUBSECTION(3)(a)OF THIS SECTIO.AT A MINIMUM,THE RULES MUST SPECIFY THE APPLICATION PROCESS AND WAIVER REQUIREMENTS.

SECTION7.

In Colorado RevisedStatutes,12-220-105,amend (1)(a), (1)(b), (1)(c), (2)(b), and (2)(c) as follows:

12-220-105.

Colorado dental board - qualifications of board members - quorum - panel - rules - review of functions - repeal of article - repeal.

(1) (a) The Colorado dental board is hereby created as the agency of this state for the regulation of the practice of dentistry, DENTALTHERAPY ,ANDDENTALHYGIENE in this state and to carryout the purposes of this article 220.

The board is subject to the supervision and -12- 219 control of the division as provided by section 12-20-103 (2).

(b) (I) XCEPT AS PROVIDED IN SUBSECTIO(1)(b)(IIOF THIS SECTION , the board consists of seven dentist members, three dental hygienist members, and three members from the public at large.

The governor shall appoint each member for a term of four years, and each member must have the qualifications provided in this article 220.

No member shall serve more than two consecutive terms of four years.

Each board member holds office until the member's term expires or until the governor appoints a successor.

T SUBSECTION(1)(b)(IIS REPEALED, EFFECTIVE DECEMBER 1, 2031.

(II) (A) EFECTIVEJULY 1,2031,THE BOARD CONSISTS OF SEVEN DENTIST MEMBERS ,TWO DENTAL THERAPIST MEMBERS , TWO DENTAL HYGIENIST MEMBERS , AND TWO MEMBERS FROM THE PUBLIC AT LARGE .

T HE GOVERNOR SHALL APPOINT EACH MEMBER FOR A TERM OF FOUR YEARS ,AND EACH MEMBER MUST HAVE THE QUALIFICATIONS PROVIDED IN THIS ARTICLE 220.

AMEMBER SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS OF FOUR YEARS .

EACH BOARD MEMBER HOLDS OFFICE UNTIL THE MEMBER 'S TERM EXPIRES OR UNTIL THE GOVERNOR APPOINTS A SUCCESSOR .

(B) A MEMBERSERVINGONTHEBOARDASOF JUNE 30,2031,MAY SERVE THE MEMBER S FULL TERM.

(c) (I) In making appointments to the board, the governor shall attempt to create geographical, political, urban, and rural balance among the board members.

If a vacancyoccurs in anyboard membership before theexpirationofthemember'sterm,thegovernorshallfillthevacancyby appointment for the remainder of the term in the same manner as in the case of original appointments.

-13- 219 (II)(A) NMAKINGAPPOINTMENTSOFDENTALTHERAPISTSTOTHE BOARD ,THE GOVERNOR SHALL APPOINT INDIVIDUALS WHO ARE DIVERSE WITH REGARD TO RACE ,ETHNICITY, IMMIGRATION STATUS , INCOME , WEALTH ,AGE,ABILITY,SEXUAL ORIENTATION ,GENDER IDENTITY,AND GEOGRAPHY .

(B) IN CONSIDERING THE RACIAL AND ETHNIC DIVERSITY OF THE DENTAL THERAPISTS APPOINTED TO THE BOARD , THE GOVERNOR SHALL ATTEMPTTOENSURETHATATLEASTONEMEMBERISAPERSONOFCOLOR .

(C) IN CONSIDERING THE GEOGRAPHIC DIVERSITY OFTHE DENTAL THERAPISTS APPOINTED TO THE BOARD ,THE GOVERNOR SHALL ATTEMPT TO APPOINT MEMBERS FROM BOTH RURAL AND URBAN AREAS OF THE STATE .

(2) A person is qualified to be appointed to the board if the person:

(b) Iscurrentlylicensedasadentist,TALTHERAPIST ,ordental hygienist, if fulfilling that position on the board;

and (c) Hasbeenactivelyengagedinaclinicalpracticeinthisstatefor atleastfiveyearsimmediatelyprecedingtheappointment,iffulfillingthe position of dentist,TAL THERAPIST, or dental hygienist on the board.

SECTION8.

In Colorado RevisedStatutes,12-220-106,amend (1)(a)(I) and (1)(f) as follows:

12-220-106.

Powers and duties of board - rules - limitation on authority.

(1) The board shall exercise, in accordance with this article 220, the following powers and duties:

(a) Make, publish, declare, and periodically review reasonable rules pursuant to section 12-20-204, including rules regarding:

(I) The use of lasers for dental,TAL THERAPY , and dental -14- 219 hygienepurposeswithindefinedscopesofpractice,subjecttoappropriate education and training, and with appropriate supervision, as applicable;

(f) In accordance with section 12-220-411, issue anesthesia and sedation permits to licensed dentists,AL THERAPISTS , and dental hygienists and set and collect fees for permit issuance.

except that the board shall onlycollect fees for local anesthesia permits issued to dental hygienists on or after July 1, 2014.

SECTION9.

In Colorado RevisedStatutes,12-220-201,amend (1)(a),(1)(g),(1)(h),(1)(j)(I),(1)(j)(II),(1)(k),(1)(o),(1)(q),(1)(r),(1)(v) introductory portion, (1)(v)(II), (1)(x), (1)(y)(IV), (1)(ee), (1)(ff), and (1)(gg) as follows:

12-220-201.

Grounds for disciplinary action - definition.

(1) The board may take disciplinary action against an applicant or licensee in accordance with sections 12-20-404 and 12-220-202 for any of the following causes:

(a) Engaginginfraud,misrepresentation,ordeceptioninapplying for, securing, renewing, or seeking reinstatement of a license to practice dentistry,ENTALTHERAPY ,ordentalhygieneinthisstate,inapplyingfor professional liability coverage required pursuant to section 12-220-307, or in taking the examinations provided for in this article 220;

(g) Aiding or abetting, in the practice of dentistry,AL THERAPY , or dental hygiene, a person who is not licensed to practice dentistry,ENTAL THERAPY , or dental hygiene under this article 220 or whose license to practice dentistry,L THERAPY , or dental hygiene is suspended;

(h) Except as otherwise provided in sections 12-220-304, 12-220-503 (4), and 25-3-103.7, practicing dentistry,THERAPY , -15- 219 or dental hygiene as a partner, agent, or employee of or in joint venture withanypersonwhodoesnotholdalicensetopracticedentistry, DENTAL THERAPY , or dental hygiene within this state or practicing dentistry, DENTALTHERAPY ,ordentalhygieneasanemployeeoforinjointventure with any partnership, association, or corporation.

A licensee holding a license to practice dentistry,L THERAPY , or dental hygiene in this state may accept employment from any person, partnership, association, or corporation to examine, prescribe, and treat the employees of the person, partnership, association, or corporation.

(j)(I) Failingtonotifytheboard,asrequiredbysection12-30-108 (1), of a physical illness, physicalcondition,orbehavioralhealth, mental health,orsubstanceusedisorderthatrendersthelicenseeunable,orlimits the licensee's ability, to perform dental,L THERAPY , or dental hygiene services with reasonable skill and with safety to the patient;

(II) Failing to act within the limitations created by a physical illness, physical condition, or behavioral health, mental health, or substance use disorder that renders the licensee unable to practice PERFORM dental,DENTAL THERAPY , or dental hygiene services with reasonable skill and safety or that may endanger the health or safety of persons under his or her LICENSEE S care;

or (k) Committing an act or omission that constitutes grossly negligentdental,NTALTHERAPY ,ordentalhygienepracticeorthatfails to meet generally accepted standards of dental,TAL THERAPY , or dental hygiene practice;

(o) False billing in the delivery of dental, THERAPY , or dental hygiene services, including but not limited to,rming one service and billing for another, billing for any service not rendered, or -16- 219 committing a fraudulent insurance act, as defined in section 10-1-128;

(q) Failing to notify the board, in writing and within ninety days after a judgment is entered, of a final judgment by a court of competent jurisdiction in favor of any party and against the licensee involving negligent malpractice of dentistry,AL THERAPY , or dental hygiene, whichnoticemustcontainthenameofthecourt,thecasenumber,andthe names of all parties to the action;

(r) Failingto report a dental,ALTHERAPY , or dental hygiene malpractice judgment or malpractice settlement to the board by the licensee within ninety days;

(v) Sharing any professional fees with anyone except those with whom the dentist,DENTAL THERAPIST , or dental hygienist is lawfully associated in the practice of dentistry,TAL THERAPY , or dental hygiene;

except that:

(II) Nothinginthissectionprohibitsadentist,TALTHERAPIST , ordentalhygienistpracticeownedoroperatedbyaproprietorauthorized under section 12-220-303 from contracting with anyperson or entityfor business management services or paying a royalty in accordance with a franchiseagreementifthetermsofthecontractorfranchiseagreementdo not affect the exercise of the independent professional judgment of the dentist,ENTAL THERAPIST , or dental hygienist.

(x) Failure of a DENTAL THERAPIST OR dental hygienist to recommend that a patient be examined bya dentist or to refer a patient to a dentist when theDENTAL THERAPIST OR dental hygienist detects a condition that requires care beyond the scope of practicingTAL THERAPY OR supervised or unsupervised dental hygiene;

(y) Engaging in any of the following activities and practices:

-17- 219 (IV) Ordering or performing, without clinical justification, any service,Xray,ortreatmentthatiscontrarytorecognizedstandardsofthe practice of dentistry,AL THERAPY , or dental hygiene, as interpreted by the board;

(ee) Failing to provide adequate or proper supervision when employing unlicensed persons in a dental or dental hygiene practice UNLICENSEDPERSONSINDENTAL ,DENTALTHERAPY ,ORDENTALHYGIENE PRACTICE ;

(ff) Engaging in any conduct that constitutes a crime as defined in title 18, which conduct relates to the licensee's practice as a dentist, DENTAL THERAPIST , or dental hygienist;

(gg) Practicing outside the scope of dDENTAL THERAPY , or dental hygiene practice;

SECTION10.

InColoradoRevisedStatutes,12-220-202,amend (1)(a)(II), (3) introductory portion, (4), and (5)(a) as follows:

12-220-202.

Disciplinary actions - rules.

(1) (a) If, after notice andhearingconductedinaccordancewitharticle4of title24andsection 12-20-403,theboarddeterminesthatanapplicantorlicenseehasengaged in an act specified in section 12-220-201, the board may:

(II) Reprimand,censure,or,inaccordancewithsection12-20-404 (1)(b), place on probation any licensed dentist, THERAPIST , or dental hygienist;

(3) The board may include, in any disciplinary order that allows a dentist,ENTAL THERAPIST, or dental hygienist to continue to practice, conditionstheboarddeemsappropriatetoassurethatthedentist,NTAL THERAPIST , or dental hygienist is physically, mentally, and otherwise qualified to practice dentistry,AL THERAPY , or dental hygiene in -18- 219 accordance with generally accepted professional standards of practice.

The order may include any or all of the following:

(4) The board may suspend the license of a dentist,NTAL THERAPIST, or dental hygienist who fails to comply with an order of the board issued in accordance with this section.

The board may impose the license suspension until the licensee complies with the board's order.

(5)(a) Inadditiontoanyotherpenaltypermittedunderthisarticle 220, when a licensed dentist,NTAL THERAPIST , or dental hygienist violates a provision of this article 220 or of any rule promulgated pursuant to this article 220, the board mayimpose a fine on the licensee.

If thelicenseeisadentist,the finemustnotexceedfivethousanddollars.

IF THE LICENSEE IS A DENTAL THERAPIS,THE FINE MUST NOT EXCEED FOUR THOUSAND DOLLARS .

If the licensee is a dental hygienist, the fine must not exceed three thousand dollars.

SECTION11.

InColoradoRevisedStatutes,12-220-203,amend (1)(a) as follows:

12-220-203.

Disciplinary proceedings.

(1) (a) Anyperson may submit a complaint relating to the conduct of a dentist,ENTAL THERAPIST, or dental hygienist, which complaint must be in writing and signed by the person.

The board, on its own motion, may initiate a complaint.

The board shall notify the dentist,AL THERAPIST, or dental hygienist of thecomplaint against the dentist,ERAPIST , or dental hygienist.

SECTION12.

InColoradoRevisedStatutes,12-220-206,amend (1) and (2) introductory portion as follows:

12-220-206.

Mental and physical examinations.

(1) (a) If the board has reasonable cause to believe that a person licensed to practice -19- 219 dentistryDENTAL THERAPY , or dental hygiene in this state is unable to practice dentistry,NTAL THERAPY , or dental hygiene with reasonable skill and safety to patients because of a physical or mental disability or because of excessive use of alcohol, a habit-forming drug or substance, or a controlled substance, as defined in section 18-18-102 (5), the board may require the licensed dentist,AL THERAPIST , or dental hygienist to submit to a mental or physical examination bya qualifiedprofessional designated by the board.

(b) Upon the failure of the licensed dentist, THERAPIST , ordentalhygienisttosubmittoamentalorphysicalexaminationrequired by the board, unless the failure is due to circumstances beyond the dentist's,ENTAL THERAPIST S, or dental hygienist's control, the board may suspend the dentist's,ENTAL THERAPIST S, or dental hygienist's license to practice dentistry,L THERAPY , or dental hygiene in this state until the dentist,L THERAPIST , or dental hygienist submits to the examination.

(2) Everypersonlicensedtopracticedentistry,NTALTHERAPY , or dental hygiene in this state is deemed, by so practicing or by applying for a renewal of the person's license to practice dentistry,AL THERAPY , or dental hygiene in this state, to have:

SECTION13.

InColoradoRevisedStatutes,12-220-208,amend (2) as follows:

12-220-208.

Review of board action.

(2) The provisions of this sectionapplytoalicenseissuedtoadentist,ENTALTHERAPIST ,ordental hygienist.

SECTION14.

InColoradoRevisedStatutes,12-220-210,amend (1)(a)(I), (2) introductory portion, and (2)(a) as follows:

-20- 219 12-220-210.

Use or sale of forged or invalid diploma, license, license renewal certificate, or identification.

(1) (a) It is unlawful for any person to use or attempt to use:

(I) Astheperson'sown,adiplomafromadentalcollegeorschool or school ofENTAL THERAPY OR dental hygiene, or a license or license renewal certificate, that was issued or granted to another person;

or (2) It is unlawful to sell or offer to sell a diploma conferring a dental,ENTALTHERAPY ,ordentalhygienedegreeoralicenseorlicense renewal certificate granted pursuant to this article 220 or prior dental practice laws, or to procure such diploma or license or license renewal certificate:

(a) With the intent that it be used as evidence of the right to practice dentistry,TALTHERAPY , or dental hygiene bya person other than the one upon whom it was conferred or to whom the license or license renewal certificate was granted;

or SECTION15.

InColoradoRevisedStatutes,amend12-220-211 as follows:

12-220-211.

Unauthorizedpractice-penalties.Anypersonwho practices or offers or attempts to practice dentistry,PY , or dental hygiene without an active license issued under this article 220 is subject to penalties pursuant to section 12-20-407 (1)(a).

SECTION16.

InColoradoRevisedStatutes,12-220-301,amend (1) introductory portion and (1)(a) as follows:

12-220-301.

Persons entitled to practice dentistry, dental therapy, or dental hygiene.

(1) It is unlawful for anyperson to practice dentistry,ENTAL THERAPY , or dental hygiene in this state except those:

(a) Who are duly licensed as dentists,AL THERAPISTS , or -21- 219 dental hygienists pursuant to this article 220;

SECTION17.

InColoradoRevisedStatutes,12-220-302,amend (1)(c), (1)(e), (1)(f), (1)(i), and (1)(j) as follows:

12-220-302.

Persons exempt from operation of this article.

(1) This article 220 does not apply to the following practices, acts, and operations:

(c) Thepractice of dentistry,ALTHERAPY ,ordentalhygiene in the discharge of their official duties by graduate dendental or surgeons,DENTAL THERAPISTS , or dental hygienists in the United States armed forces, public health service, Coast Guard, or veterans administration;

(e) The practice of DENTAL THERAPY OR dental hygiene by instructors and students or the practice of dentistry by students or residentsinschoolsorcollegesofdentistry,schoolsofNTALTHERAPY , SCHOOLSOF dentalhygiene,orschoolsofdentalassistanteducationwhile the instructors, students, or residents are participating in accredited programs of the schools or colleges;

(f) The practice of dentistry,LTHERAPY , or dental hygiene by dentistsDENTAL THERAPISTS , or dental hygienists licensed in good standing by other states or countries while appearing in programs of dental education or research at the invitation of any group of licensed dentists,ENTALTHERAPISTS ,ordentalhygienistsinthisstatewhoarein good standing, so long as the practice is limited to five consecutive days in a twelve-month period and the name of each person engaging in the practice is submitted to the board, in writing and on a form approved by the board, at least ten days before the person performs the practice;

(i) The practicing of dentistry,ENTAL THERAPY , or dental -22- 219 hygiene by an examiner representing a testing agency approved by the board, during the administration of an examination;

or (j) The practice of dentistry,THERAPY , or dental hygiene by dentists,NTAL THERAPISTS , or dental hygienists licensed in good standing by other states while providing care as a volunteer, at the invitation of any group of licensed dentists,L THERAPISTS, or dental hygienists in this state who are in good standing, so long as the practice is limited to five consecutive days in a twelve-month period and the name of each person engaging in the practice is submitted to the board, in writing and on a form approved by the board, at least ten days before the person performs the practice.

SECTION18.

InColoradoRevisedStatutes,amend12-220-304 as follows:

12-220-304.

Names and status under which dental practice may beconducted.(1) Theconductof thepracticeof dentistry,AL THERAPY , or dental hygiene in a corporate capacityis prohibited, but the prohibition shall not be construed to prevent the practice of dentistry, DENTALTHERAPY ,ordentalhygienebyaprofessionalservicecorporation of licensees so constituted that they may be treated under the federal internal revenue laws as a corporation for tax purposes only.

Anysuch professionalservicecorporationmayexercisesuchEpowersandshall be subject to such limitations and requirements, insofar as applicable, as are provided in section 12-240-138, relating to professional service corporations for the practice of medicine.

(2) The group practice of dentistry,L THERAPY , or dental hygiene is permitted.

(3) Thepracticeof dentistry,ALTHERAPY ,ordentalhygiene -23- 219 by a limited liability company of licensees or by a limited liability partnership of licensees is permitted subject to the limitations and requirements, insofar as are applicable, set forth in section 12-240-138, relating to a limited liability company or limited liability partnership for the practice of medicine.

SECTION19.

InColoradoRevisedStatutes,12-220-305,amend (1)(a), (1)(b), (1)(c), (1)(j), (1)(k),(1)(n), (1)(p), and (1)(r) as follows:

12-220-305.

What constitutes practicing dentistry - authority to electronically prescribe.

(1) A person is practicing dentistry if the person:

(a) Performs, or attempts or professes to perform, any dental operation,oralsurgery,ordentaldiagnosticortherapeuticservicesofany kind;

except that nothing in this subsection (1)(a) prohibits a THERAPIST ,dentalhygienist,ordentalassistantfromprovidingpreventive dental or nutritional counseling, education, or instruction services;

(b) Is a proprietor of aplacewheredental operation, oral surgery, or dental diagnostic or therapeutic services are performed;

except that nothing in this subsection (1)(b) prohibits a THERAPIST , dental hygienist,ordentalassistantfromperformingthosetasksandprocedures consistent with section 12-220-501;

(c) Directly or indirectly, by any means or method, takes impressionofthehumantooth,teeth,jaws,maxillofacialarea,oradjacent and associated structures;

performs any phase of any operation incident tothereplacementofapartofatooth;orsuppliesartificialsubstitutesfor the natural teeth, jaws, or adjacent and associated structures;

except that nothing in this subsection (1)(c) prohibits a THERAPIST , dental -24- 219 hygienist, or dental assistant from performing tasks and procedures consistent with sections 12-220-501 (3)(b)(III), and503 (1)(d), AND 12-220-507;

(j) Extracts, or attempts to extract, human teeth or corrects, or attempts to correct, malformations of human teeth or jaws;HAT THIS SUBSECTION (1)(jDOES NOT PROHIBIT A DENTAL THERAPIST FROM PERFORMING TASKS AND PROCEDURES CONSISTENT WITH SECTION 12-220-507;

(k) Repairs or fills cavities in human teeth;

THAT THIS SUBSECTION (1)(k)DOES NOT PROHIBIT A DENTAL THERAPIST FROM PERFORMING TASKS AND PROCEDURES CONSISTENT WITH SECTION 12-220-507;

(m) Gives, or professes to give, interpretations or readings of dental X rays or roentgenograms, CT scans, or other diagnostic methodologies;

except that nothing in this subsection (1)(m) prohibits a dental hygienist from performing tasks and procedures consistent with sections 12-220-503 and 12-220-504OR A DENTAL THERAPIST FROM PERFORMING TASKS CONSISTENT WITH SECTION 12-220-507;

(n) Represents himself or herself to an individual or the general public as practicing dentistry, by using the words "dentist" or "dental surgeon", or by using the letters "D.D.S.", "D.M.D.", "D.D.S./M.D.", or "D.M.D./M.D." Nothing in this subsection (1)(n) prohibits aAL THERAPIST,dentalhygienist,ordentalassistantfromperformingtasksand procedures consistent with section 12-220-501 (2), (2.5), or (3)(b).

(p) Prescribes drugs or medications and administers local anesthesia, analgesia including nitrous oxide/oxygen inhalation, medication prescribed or administered for the relief of anxiety or -25- 219 apprehension, minimal sedation, moderate sedation, deep sedation, or generalanesthesiaasnecessaryfortheproperpracticeofdentistry;except that nothing in this subsection (1)(p) prohibits:

(I) Adentalhygienistfromperformingthosetasksandprocedures consistent with sections 12-220-501, 12-220-503 (1)(e) and (1)(g), and 12-220-504 (1)(c), and in accordance with rules promulgated by the board;OR (II) ADENTAL THERAPIST FROM PERFORMING THOSE TASKS AND PROCEDURES CONSISTENT WITH SECTIONS 12-220-501 (2.5) AND 12-220-507,AND IN ACCORDANCE WITH RULES PROMULGATED BY THE BOARD .

(r) Givesorprofessestogiveinterpretationsor readingsof dental charts or records or gives treatment plans or interpretations of treatment plans derived from examinations, patient records, dental X rays, or roentgenograms;

except that nothing in this subsection (1)(r) prohibits a DENTALTHERAPIST ,dentalhygienist,ordentalassistantfromperforming tasks and procedures consistent with sections 12-220-501 (2), (2.5), and (3), 12-220-503, and-220-504,AND 12-220-507.

SECTION20.

InColoradoRevisedStatutes,amend12-220-307 as follows:

12-220-307.

Professional liability insurance required - rules.

(1) A licensed dentist,ICENSED DENTAL THERAPIST, and a licensed dental hygienist must meet the financial responsibility requirements established by the board pursuant to section 13-64-301 (1)(a).

(2) Upon request of the board, a licensed dentist,NSED DENTAL THERAPIST, or licensed dental hygienist shall provide proof of professional liability insurance to the board.

-26- 219 (3) The board may, by rule, exempt from or establish lesser financialresponsibilitystandardsforlicenseddentists,EDDENTAL THERAPISTS, and licensed dental hygienists who meet the criteria in section 13-64-301 (1)(a)(II).

SECTION21.

InColoradoRevisedStatutes,amend12-220-308 as follows:

12-220-308.

Continuingeducationrequirements-rules.(1) As aconditionofrenewing,reactivating,orreinstatingalicenseissuedunder this article 220, every dentist, THERAPIST , and dental hygienist must obtain at least thirty hours of continuing education everytwo years to ensure patient safety and professional competency.

(2) Theboardmayadoptrulesestablishingthebasicrequirements for continuing education, including the types of programs that qualify, exemptions for persons holding an inactive or retired license, requirements for courses designed to enhance clinical skills for certain licenses, and the manner by which dentists,AL THERAPISTS , and dental hygienists are to report compliance with the continuing education requirements.

SECTION22.

InColoradoRevisedStatutes,12-220-409,amend (1), (2)(a), and (5) as follows:

12-220-409.

Inactive dental, dental therapist, or dental hygienist license.

(1) Anyperson licensed to practice dentistry, THERAPY , or dental hygiene pursuant to this article 220 mayapplyto the board to be transferred to an inactive status.

The licensee must submit an application in the form and manner designated by the board.

The board may grant inactive status by issuing an inactive license or deny the application for any of the causes set forth in section 12-220-201.

-27- 219 (2) Any person applying for a license under this section must:

(a) Provideanaffidavittotheboardthattheapplicant,afteradate certain, will not practice dentistry,THERAPY, or dental hygiene in this state unless the applicant is issued a license to practice dentistry, DENTAL THERAPY , or dental hygiene pursuant to subsection (5) of this section;

(5) Anyperson licensed under this section who wishes to resume thepracticeofdentistry,TALTHERAPY ,ordentalhygienemustfilean application in the form and manner the board designates, paythe license feepromulgatedbytheboardpursuanttosection12-20-105,andmeetthe financial responsibility requirements or the professional liability insurance requirements established by the board pursuant to sections 12-220-307 and 13-64-301 (1)(a), as applicable.

The board mayapprove theapplicationandissuealicensetopracticedentistry,LTHERAPY , or dental hygiene or may deny the application for any of the causes set forth in section 12-220-201.

SECTION23.

InColoradoRevisedStatutes,12-220-410,amend (1), (2)(a), (5), and (6) as follows:

12-220-410.

Retired dental, dental therapist, and dental hygienistlicenses.(1) Anypersonlicensedtopracticedentistry, THERAPY , or dental hygiene pursuant to this article 220 may apply to the boardforretiredlicensurestatus.Theapplicationmustbeintheformand manner designated by the board.

The board may grant retired licensure status by issuing a retired license, or it may deny the application if the licensee has been disciplined for any of the causes set forth in section 12-220-201.

(2) Any person applying for a license under this section must:

-28- 219 (a) Provide an affidavit to the board stating that, after a date certain, the applicant will not practice dentistry,ERAPY , or dental hygiene;

will no longer earn income as a dentist,TAL THERAPIST, or dental hygiene administrator or consultant;

and will not perform any activity that constitutes practicing dentistry, THERAPY ,ordentalhygienepursuanttosections12-220-305,12-220-501, 12-220-503, and12-220-504,AND 12-220-507 unless the applicant is issuedalicensetopracticedentisDENTALTHERAPY ,ordentalhygiene pursuant to subsection (5) of this section;

and (5) Anypersonlicensedunderthissectionmayapplytotheboard for a return to active licensure status by filing an application in the form and manner the board designates, paying the appropriate license fee established pursuant to section 12-20-105, and meeting the financial responsibility requirements or the professional liability insurance requirements established by the board pursuant to sections 12-220-307 and 13-64-301 (1)(a), as applicable.

The board may approve the applicationandissuealicensetopracticedentistry,ALTHERAPY ,or dental hygiene or may deny the application if the licensee has been disciplined for any of the causes set forth in section 12-220-201.

(6) A dentist,NTAL THERAPIST , or dental hygienist on retired status may provide dental,TAL THERAPY, or dental hygiene services onavoluntarybasistothePEOPLEWHOARE indigentiftheretireddentist, DENTALTHERAPIST ,ordentalhygienistprovidestheservicesonalimited basisanddoesnotchargeafeefortheservices.Aretireddentist,TAL THERAPIST, or dental hygienist providing voluntary care pursuant to this subsection (6) is immune from any liability resulting from the voluntary care the retired dentist,LTHERAPIST ,ordentalhygienist provided.

-29- 219 SECTION24.

InColoradoRevisedStatutes,12-220-411,amend (1), (3), and (4)(a);

and add (6) as follows:

12-220-411.

Anesthesiaandsedationpermits-dentists,dental therapists, and dental hygienists - training and experience requirements - office inspections - rules.

(1) Upon application in a formand manner determined bythe board and payment of the applicable fees established by the board, the board may issue an anesthesia or sedation permit to a licensed dentist or a local anesthesia permit to a DENTAL THERAPIST OR dental hygienist in accordance with this section.

(3) (a) A licensedENTAL THERAPIST OR dental hygienist who obtains a local anesthesia permit pursuant to this section mayadminister local anesthesia.

(b) A local anesthesia permit issued to aAL THERAPIST OR dental hygienist is valid as long as theL THERAPIST S OR dental hygienist's license is active.

(4) (a) The board shall establish, by rule, minimum training, experience, and equipment requirements for the administration of local anesthesia, analgesia including nitrous oxide/oxygen inhalation, and medication prescribed or administered for the relief of anxiety or apprehension, minimal sedation, moderate sedation, deep sedation, or general anesthesia, including procedures that may be used by and minimumtraining requirements fordentists,NTALTHERAPISTS ,dental hygienists, and dental assistants.

(6) F OR THE PURPOSES OF THIS SECTIO,A DENTAL THERAPIST WHO PERFORMS A TASK PURSUANT TO A WRITTEN ARTICULATED PLAN THAT MEETS THE REQUIREMENTS OF SECTION 12-220-507 (2) IS CONSIDEREDTOHAVEPERFORMEDTHETASKWITHTHEPRIORKNOWLEDGE -30- 219 AND CONSENT OF THE DENTIST.

SECTION25.

InColoradoRevisedStatutes,12-220-601,amend (1) and (2) as follows:

12-220-601.

Legislative declaration.

(1) The general assembly herebyfinds,determines,anddeclaresthatpublicexposuretothehazards of ionizing radiation used for diagnostic purposes should be minimized whereverpossible.Accordingly, the general assemblyfinds,determines, and declares that for any dentist, THERAPIST , or dental hygienist to allow an untrained person to operate a machine source of ionizing radiation, including without limitation a device commonly known as an "X-ray machine", or to administer radiation to a patient for diagnostic purposes is a threat to the public health and safety.

(2) It is the intent of the general assembly that dentists, THERAPISTS, and dental hygienists utilizing unlicensed persons in their practices provide those persons with a minimum level of education and training before allowing them to operate machine sources of ionizing radiation;

however, it is not the general assembly's intent to discourage educationandtrainingbeyondthisminimum.Itisfurthertheintentofthe general assembly that established minimum training and education requirements correspond as closely as possible to the requirements of each particular work setting as determined by the board pursuant to this part 6.

SECTION26.

InColoradoRevisedStatutes,12-220-602,amend (1) and (2) as follows:

12-220-602.

Minimum standards - rules - definition.

(1)(a) Theboardshalladoptrulesprescribingminimumstandardsforthe qualifications, education, and training of unlicensed persons operating -31- 219 machine sources of ionizing radiation and administering radiation to patients for diagnostic medical use.

A licensed dentist,DENTAL THERAPIST , or dental hygienist shall not allow an unlicensed person to operate a machine source of ionizing radiation or to administer radiation toanypatientunlessthepersonmeetsstandardsthenineffectunderrules adopted pursuant to this section.

The board may adopt rules allowing a grace period in which newly hired operators of machine sources of ionizing radiation are to receive the training required by this section.

(b) For purposes ofAS USED INthis part 6, "unlicensed person" means a person who does not hold a current and active license entitling the person to practice dentistry,TAL THERAPY , or dental hygiene under this article 220.

(2) The board shall seek the assistance of licensed dentists, DENTAL THERAPISTS , or licensed dental hygienists in developing and formulating the rules promulgated pursuant to this section.

SECTION 27.

In Colorado Revised Statutes, 12-20-202, add (3)(e)(IX.5) as follows:

12-20-202.

Licenses,certifications,andregistrations-renewal - reinstatement - fees - occupational credential portability program - temporary authority for military spouses - exceptions for military personnel - rules - consideration of criminal convictions or driver's history - executive director authority - definitions.

(3) Occupational credential portability program.

(e) Subsections (3)(a) to (3)(d) of this section do not apply to the following professions or occupations:

(IX.5) D ENTAL THERAPISTS,REGULATED PURSUANT TO ARTICLE 220 OF THIS TITL12;

SECTION28.

In Colorado RevisedStatutes,12-20-406,amend -32- 219 (3)(f) as follows:

12-20-406.

Injunctive relief.

(3) This section does not apply to the following:

(f) Article 220 of this title 12 concerning dentists, THERAPISTS, and dental hygienists;

SECTION29.

In Colorado RevisedStatutes,12-20-407,amend (1)(a)(V)(J) as follows:

12-20-407.

Unauthorizedpracticeofprofessionoroccupation -penalties-exclusions.(1)(a) Apersoncommitsaclass2misdemeanor and shall be punished as provided in section 18-1.3-501 if the person:

(V) Practicesoroffersorattemptstopracticeanyofthefollowing professions or occupations without an active license, certification, or registration issued under the part or article of this title 12 governing the particular profession or occupation:

(J) Dentistry,NTAL THERAPY , or dental hygiene, as regulated under article 220 of this title 12;

SECTION30.

In Colorado RevisedStatutes,12-30-102,amend (3)(a)(VII) as follows:

12-30-102.

Medical transparency act of 2010 - disclosure of information about health-care providers - fines - rules - short title - legislative declaration - review of functions - repeal.

(3) (a) As used in this section, "applicant" means a person applying for a new, active license, certification, or registration or to renew, reinstate, or reactivate an active license, certification, or registration to practice:

(VII) DentalHERAPYORDENTAL hygienepursuanttoarticle220 of this title 12;

SECTION31.

In Colorado RevisedStatutes,12-30-103,amend -33- 219 (4)(a)(IV) as follows:

12-30-103.

Solicitation of accident victims - waiting period - definitions.

(4) As used in this section:

(a) "Health-care practitioner" means:

(IV) A dentist,ENTAL THERAPIST, or dental hygienist licensed under article 220 of this title 12;

SECTION 32.

In Colorado Revised Statutes, 13-4-102, amend (1)(g) and (2)(g) as follows:

13-4-102.

Jurisdiction.

(1) Anyprovision of law to the contrary notwithstanding, the court of appeals shall have initial jurisdiction over appeals from final judgments of, and interlocutory appeals of certified questions of law in civil cases pursuant to section 13-4-102.1 from, the districtcourts,theprobatecourtofthecityandcountyof Denver,andthe juvenile court of the city and county of Denver, except in:

(g) Review actions of the Colorado dental board in refusing to issueorreneworinsuspendingorrevokingalicensetopracticedentistry, DENTAL THERAPY , or dental hygiene, as provided in section 12-220-208;

(2) The court of appeals has initial jurisdiction to:

(g) Review actions of the Colorado dental board in refusing to issueorreneworinsuspendingorrevokingalicensetopracticedentistry, DENTAL THERAPY , or dental hygiene, as provided in section 12-220-137 SECTION 12-220-208;

SECTION 33.

In Colorado Revised Statutes, 13-21-115.5, amend (3)(c)(II)(R) as follows:

13-21-115.5.

Volunteer service act - immunity - exception for operation of motor vehicles - short title - legislative declaration - definitions.

(3) As used in this section, unless the context otherwise -34- 219 requires:

(c) (II) "Volunteer" includes:

(R) A licensed dentist,NTAL THERAPIST , or dental hygienist governed by article 220 of title 12 performing the practice of dentistry, DENTAL THERAPY , or dental hygiene, as defined in section 12-220-104 and as described in section SECTIONS 12-220-305, 12-220-402, 12-220-403,AND 12-220-507;asavolunteerforanonprofitorganization, nonprofit corporation, governmental entity, or hospital;

or a dentist, DENTAL THERAPIST , or dental hygienist who holds a license in good standing fromanother state performing the practiceof dentistry, THERAPY , or dental hygiene, as defined in section 12-220-104 and as describedinsectioSECTIONS12-220-305,12-220-402,12-220-403AND 12-220-507, as a volunteer for a nonprofit organization, nonprofit corporation, governmental entity, or hospital pursuant to section 12-220-302 (1)(j);

and SECTION 34.

In Colorado Revised Statutes, 13-64-301, amend (1) introductory portion, (1)(a)(I), (1)(a)(II) introductory portion, (1)(a)(III), and (1)(a)(IV) as follows:

13-64-301.

Financialresponsibility.(1) Asaconditionofactive licensure or authority to practice in this state, every physician, dentist, DENTALTHERAPIST ,ordentalhygienist;everyphysicianassistantwhohas been practicing for at least three years;

and every health-care institution as defined in section 13-64-202, except as provided in section 13-64-303.5, that provides health-care services shall establish financial responsibility, as follows:

(a) (I) (A) If a dentist, by maintaining commercial professional liabilityinsurance coverage with an insurance companyauthorized to do -35- 219 business in this state or an eligible nonadmitted insurer allowedto insure in Colorado pursuant to article 5 of title 10, C.R.S.,inimum indemnityamount of five hundred thousand dollars per incident and one million five hundred thousand dollars annual aggregate per year;

except that this requirement is not applicable to a dentist who is a public employee under the "Colorado Governmental Immunity Act", article 10 of title 24.

C.R.S.

(B) AlicenseddentalhygienistmusthavMAINTAIN professional liability insurance in an amount not less than fifty thousand dollars per claimandwithanaggregateliabilitylimitforallclaimsduringacalendar year of not less than three hundred thousand dollars;

except that this requirement does not applyto a licensed dental hygienist who is a public employee under the "Colorado Governmental Immunity Act", article 10 of title 24.

C.R.S.

(C) A LICENSED DENTAL THERAPIST MUST MAINTAIN PROFESSIONALLIABILITYINSURANCE INANAMOUNT NOT LESSTHAN FIVE HUNDRED THOUSAND DOLLARS PER INCIDENT AND ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ANNUAL AGGREGATE PER YEAR ;EXCEPT THAT THIS REQUIREMENT IS NOT APPLICABLE TO A DENTAL THERAPIST WHO IS A PUBLIC EMPLOYEE UNDER THE "COLORADO GOVERNMENTAL IMMUNITY A CT",ARTICLE10 OF TITL24.

(II) The Colorado dental board, by rule, may exempt from or establishlesserfinancialresponsibilitystandardsthanthoseprescribedin this section for classes ofENSED dentists, and licenDENTAL THERAPISTS,AND dental hygienists who:

(III) The Colorado dental board may exempt from or establish lesser financial responsibility standards for adentisDENTAL -36- 219 THERAPIST , or licensed dental hygienist for reasons other than those describedinsubparagraph(II)ofthisparagraph(a)UBSECTION (1)(a)(II) OFTHISSECTION thatrenderthelimitsprovidedinsubparagraph(I)ofthis paragraph (a)SUBSECTION (1)(a)(IOF THIS SECTION unreasonable or unattainable.

(IV) Nothing in this paragraph (a) SUBSECTION (1)(a) shall preclude or otherwise prohibit a licensed dentist,THERAPIST , or licenseddental hygienist from rendering appropriate patient care on an occasionalbasiswhenthecircumstancessurroundingtheneedforcareso warrant.

SECTION 35.

In Colorado Revised Statutes, 19-3-304, amend (2)(o) as follows:

19-3-304.

Persons required to report child abuse or neglect.

(2) Persons required to report such abuse or neglect or circumstances or conditions include any:

(o) DentalTHERAPIST OR DENTAL hygienist;

SECTION 36.

In Colorado Revised Statutes, add 23-5-148 as follows:

23-5-148.

Dentaltherapytrainingprograms-authorizationto grant advanced standing - definition.

(1) A USED IN THIS SECTI,N "STATE INSTITUTION OFHIGHER EDUCATION "HAS THE SAME MEANING AS SET FORTH IN SECTION23-18-102 (10)(a).

(2) A STATE INSTITUTION OF HIGHER EDUCATION OFFERING AN ACCREDITED DENTAL THERAPY TRAINING PROGRAM MAY GRANT ADVANCED STANDINGTOWARDCOMPLETIONOFANACCREDITED DENTAL THERAPY PROGRAM IF A STUDENT DEMONSTRATES PAST COMPLETION OF CURRICULUM THAT MEETS OR EXCEEDS THE CONTENT STANDARDS FOR -37- 219 ONE OR MORE COURSES THAT COMPRISE THE DENTAL THERAPY CURRICULUM ACCREDITED BY THE A MERICAN DENTAL A SSOCIATIONS COMMISSION ON DENTAL ACCREDITATION , OR ITS SUCCESSOR ORGANIZATION .

SECTION37.

InColoradoRevisedStatutes,25-1-108.7,amend (3)(f) as follows:

25-1-108.7.

Health care credentials uniform application act - legislative declaration - definitions - state board of health rules.

(3) As used in this section, unless the context otherwise requires:

(f) "Health-careprofessional"meansaphysician,dentist, THERAPIST, dental hygienist, chiropractor, podiatrist, psychologist, advanced practicREGISTERED nurse, optometrist, physician assistant, licensed clinical social worker, child health associate, marriage and family therapist, or other health-care professional who is registered, certified, or licensed pursuant to title 12;

C.R.S.;subject to credentialing;

and who practices, or intends to practice, in Colorado.

SECTION38.

In Colorado RevisedStatutes,25-1-1202,amend (1)(k) as follows:

25-1-1202.

Index of statutory sections regarding medical recordconfidentialityandhealthinformation.(1) Statutoryprovisions concerning policies, procedures, and references to the release, sharing, anduseof medicalrecordsandhealthinformationincludethefollowing:

(k) Section 12-220-201, concerning disciplinary actions against dentists,ENTAL THERAPISTS, and dental hygienists;

SECTION39.

InColoradoRevisedStatutes,amend25.5-4-411 as follows:

25.5-4-411.

Authorization of services provided by dental -38- 219 hygienists.(1) Whendentalhygieneservicesareprovidedtochildrenby alicenseddentalhygienistRDENTALTHERAPIST whoisprovidingdental hygiene services pursuant to section 12-220-503 without the supervision of a licensed dentist, the executive director of the state department shall authorizereimbursementforsaidservices, subjecttotherequirementsof this section.

Payment for the services shall be made directly to the licensed dental hygienist DENTAL THERAPIST , if requested by the licensed dental hygienOR DENTAL THERAPIST ;

except that this section shallOES notapplytolicenseddentalhygienistsORDENTALTHERAPISTS when acting within the scope of their employment as salaried employees of public or private institutions, physicians, or dentists.

(2) For each child provided dental hygiene services pursuant to this section, the dental hygienistNTAL THERAPIST shall attempt to identify a dentist participating in medicaid for the child.

SECTION 40.

Appropriation.

(1) For the 2022-23 state fiscal year, $14,786 is appropriated to the department of regulatory agencies.

This appropriation is from the division of professions and occupations cashfundcreatedinsection12-20-105(3),C.R.S.Toimplementthisact, the department may use this appropriation for the purchase of legal services.

(2) For the 2022-23 state fiscal year, $14,786 is appropriated to the department of law.

This appropriation is from reappropriated funds receivedfromthedepartmentofregulatoryagenciesundersubsection(1) of this section and is based on an assumption that the department of law willrequireanadditional0.1FTE.Toimplementthisact,thedepartment of law may use this appropriation to provide legal services for the department of regulatory agencies.

-39- 219 SECTION 41.

Act subject to petition - effective date - applicability.

(1) This act takes effect January 1, 2023;

except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2022 and, in such case, will take effect January1, 2023, or on the date of the official declaration of the vote thereon bythe governor, whichever is later.

(2) Thisactappliestothepracticeofdentaltherapyonorafterthe applicable effective date of this act.

-40- 219