As used in this article 220, unless the context otherwise requires:
(1) Accredited means a program that is nationally recognized for specialized accrediting for dental, dental therapy, dental hygiene, and dental auxiliary programs by the Commission on Dental Accreditation or a specialty accrediting organization recognized by the United States department of education or by a successor organization of the commission.
(2) Board means the Colorado dental board created in section 12-220-105.
(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.
(4) Dental hygiene means the delivery of preventive, educational, and clinical services supporting total health for the control of oral disease; the impact of the disease, disorder, or condition on the human body; and the promotion of oral health provided by a dental hygienist within the scope of the dental hygienist's education, training, and experience and in accordance with applicable law.
(5) Dental hygiene diagnosis means the identification of an existing oral health problem that a dental hygienist is qualified and licensed to treat within the scope of dental hygiene practice. The dental hygiene diagnosis focuses on behavioral risks and physical conditions that are related to oral health. A dentist shall confirm any dental hygiene diagnosis that requires treatment that is outside the scope of dental hygiene practice pursuant to sections 12-220-501, 12-220-503, and 12-220-504.
(5.2) Dental hygiene laboratory work order means the documented order of a dental hygienist licensed in this state authorizing another person to construct, reproduce, or repair an oral medicament carrier.
(5.3) Dental laboratory work order means the documented order of a dentist licensed in Colorado authorizing another person to construct, reproduce, or repair any prosthetic denture, bridge, appliance, or other structure to function in the oral cavity, maxillofacial area, or adjacent and associated regions.
(5.5) Dental therapy means the delivery of dental care as specified in section 12-220-508 and in accordance with this article 220 and rules promulgated by the board.
(6) Dentistry means the evaluation, diagnosis, prevention, or treatment, including nonsurgical, surgical, or related procedures, of diseases, disorders, or conditions of the oral cavity, maxillofacial area, or the adjacent and associated structures and the impact of the disease, disorder, or condition on the human body so long as a dentist is practicing within the scope of the dentist's education, training, and experience and in accordance with applicable law.
(7) (a) Direct supervision means the supervision of those tasks or procedures that do not require the presence of the dentist in the room where performed but require the dentist's presence on the premises and availability for prompt consultation and treatment.
(b) For purposes of this subsection (7) only, premises means within the same building, dental office, or treatment facility and within close enough proximity to respond in a timely manner to an emergency or the need for assistance.
(8) Independent advertising or marketing agent means a person, firm, association, or corporation that performs advertising or other marketing services on behalf of licensed dentists, including referrals of patients to licensees resulting from patient-initiated responses to the advertising or marketing services.
(9) (a) (I) Indirect supervision means the supervision of those tasks or procedures that do not require the presence of the dentist in the office or on the premises at the time the tasks or procedures are being performed but do require that the tasks be performed with the prior knowledge and consent of the dentist.
(II) For procedures performed under indirect supervision, if follow-up care is indicated, the treating provider shall provide an appropriate referral for recommended follow-up care.
(III) A dentist who provides indirect supervision must have an active Colorado license in good standing.
(b) For purposes of this subsection (9) only, premises means within the same building, dental office, or treatment facility and within close enough proximity to respond in a timely manner to an emergency or the need for assistance.
(10) (a) Interim therapeutic restoration or ITR means a direct provisional restoration placed to stabilize a tooth until a licensed dentist or dental therapist can assess the need for further definitive treatment.
(b) Interim therapeutic restoration involves the removal of soft material using hand instrumentation, without the use of rotary instrumentation, and the subsequent placement of a glass ionomer restoration or, pursuant to board rules, a restoration using new restorative materials that may become available and are appropriate to the interim therapeutic procedure.
(c) Interim therapeutic restoration includes protective restoration for adults delivered in accordance with section 12-220-505.
(10.5) Itinerant surgery means the provision of elective surgical procedures by a provider who travels between multiple treatment facilities rather than operating from a single, established surgical location where the provider is not employed or does not hold ownership or a long-term lease. Itinerant surgery includes specialty-level surgical care performed in a facility by a provider who is not a graduate of an accredited surgical training program for that specialty.
(11) Repealed.
(12) License has the meaning specified in section 12-20-102 (9) and includes an academic license to practice dentistry pursuant to section 12-220-402. A license is a privilege personal to the licensee, and the board may revoke, suspend, or impose disciplinary conditions on the license for a violation of this article 220.
(13) Proprietor includes any person who:
(a) Employs dentists, dental 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, dental therapist, dental hygienist, dental assistant, or other agent dental material or equipment that may be necessary for 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.
(14) Repealed.
(14.5) Teledentistry means telehealth methodologies and systems that are used in a manner that is compliant with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. secs. 1320d to 1320d-9, as amended, to deliver oral health services in dentistry, including informational and electronic communication technologies, remote monitoring technologies, and store-and-forward transfers, to facilitate the assessment, diagnosis, consultation, counseling, and education of, or treatment planning for, a patient while the patient is located at an originating site without a dental practitioner, and the dental practitioner providing the service is at a distant site.
(15) Telehealth supervision means indirect supervision by a dentist of a dental therapist or dental hygienist performing a statutorily authorized procedure using telecommunications systems.
Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 220, � 1, effective September 14. L. 2021: (14) repealed, (SB 21-102), ch. 31, p. 126, � 2, effective September 1. L. 2022: (1), (3), (13), and (15) amended and (5.5) added, (SB 22-219), ch. 381, p. 2706, � 3, effective January 1, 2023. L. 2025: (1), (4), (9)(a), and (10)(a) amended, (5.2), (10.5), and (14.5) added, (5.3) added with relocations, and (11) repealed, (SB 25-194), ch. 171, pp. 691, 711, �� 1, 27, effective August 6.
Editor's note: (1) This section is similar to former � 12-220-104 as it existed prior to 2020.
(2) Subsection (5.3) is similar to former subsection (11) as it existed prior to 2025.
Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.
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 created as the agency of this state for the regulation of the practice of dentistry, dental therapy, and dental hygiene in this state and to carry out the purposes of this article 220. The board is a type 1 entity, as defined in section 24-1-105, and is subject to the supervision and control of the division as provided by section 12-20-103 (2).
(b) (I) Except as provided in subsection (1)(b)(II) of 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. A member 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. This subsection (1)(b)(I) is repealed, effective December 1, 2031.
(II) (A) Effective July 1, 2031, the board consists of seven dentist members, one of whom is an oral and maxillofacial surgeon unless an oral and maxillofacial surgeon is not available; one dental therapist member; three dental hygienist members; and two members from the public at large; except that the dental therapist seat shall remain open and a dental therapist member shall not be appointed until there are at least one hundred dental therapists actively engaged in clinical practice in this state. The governor shall appoint each member for a term of four years, and each member must have the qualifications provided in this article 220. A member 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 member serving on the board as of June 30, 2031, may serve the member's full term.
(III) A person is qualified to be appointed to the board if the person:
(A) Is a legal resident of Colorado;
(B) Is currently licensed as a dentist, dental therapist, or dental hygienist, if fulfilling that position on the board; and
(C) Has been actively engaged in a clinical practice in this state for at least five years immediately preceding the appointment, if fulfilling the position of dentist, dental therapist, or dental hygienist on the board.
(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 vacancy occurs in any board membership before the expiration of the member's term, the governor shall fill the vacancy by appointment for the remainder of the term in the same manner as in the case of original appointments.
(II) (A) In making appointments of dental therapists to the 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 attempt to ensure that at least one member is a person of color.
(C) In considering the geographic diversity of the dental therapists appointed to the board, the governor shall attempt to appoint members from both rural and urban areas of the state.
(d) The governor may remove any member of the board for misconduct, incompetence, or neglect of duty.
(2) Repealed.
(3) The board shall organize annually by electing one of its members as chairperson and one as vice-chairperson. The board may adopt rules for its government that the board deems proper. The board shall meet at least quarterly, and more often if necessary, at times and places the board designates.
(4) A majority of the members of the board constitutes a quorum for the transaction of business, but if less than a quorum is present on the day appointed for a meeting, those present may adjourn until a quorum is present. Any action taken by a quorum of the assigned panel constitutes action by the board; except that, for disciplinary matters concerning a dentist, a majority of dentist members is required for a quorum.
(5) This article 220 is repealed, effective September 1, 2034. Before the repeal, all functions of the board are scheduled for review in accordance with section 24-34-104.
Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 222, � 1, effective September 14. L. 2022: (1)(b) amended and (2) repealed, (SB 22-013), ch. 2, p. 14, � 14, effective February 25; (1)(a) amended, (SB 22-162), ch. 469, p. 3395, � 123, effective August 10; (1)(a), (1)(b), and (1)(c) amended, (SB 22-219), ch. 381, p. 2711, � 7, effective January 1, 2023. L. 2025: (1)(b)(II)(A) and (5) amended, (SB 25-194), ch. 171, p. 692, � 2, effective August 6.
Editor's note: (1) This section is similar to former � 12-220-105 as it existed prior to 2020.
(2) Amendments to subsection (1)(a) by SB 22-162 and SB 22-219 were harmonized, effective January 1, 2023.
Cross references: (1) For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.