(1) This article 220 does not apply to the following practices, acts, and operations:
(a) Practice of the profession of physician or surgeon by a physician or surgeon licensed under the laws of this state to practice the profession unless the physician or surgeon practices dentistry as a specialty;
(b) The administration of an anesthetic for a dental operation by a qualified anesthetist licensed pursuant to article 240 of this title 12 or a nurse licensed or registered pursuant to article 255 of this title 12;
(c) The practice of dentistry, dental therapy, or dental hygiene in the discharge of their official duties by graduate dentists, dental surgeons, dental therapists, or dental hygienists in the United States armed forces, public health service, Coast Guard, or veterans administration;
(d) Students or residents regularly employed by a private hospital or by a city, county, city and county, or state hospital under an advanced dental education program accredited by the Commission on Dental Accreditation or its successor commission and approved and registered by the board;
(e) The practice of dental therapy or dental hygiene by instructors and students or the practice of dentistry by students or residents in schools or colleges of dentistry, schools of dental therapy, schools of dental hygiene, or schools of dental assistant education while the instructors, students, or residents are participating in accredited programs of the schools or colleges;
(f) The practice of dentistry, dental therapy, or dental hygiene by dentists, dental therapists, or dental hygienists licensed in good standing by other states or countries while appearing in accredited or board-approved programs of dental education or research, at the invitation of any group of licensed dentists, dental 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 a format approved by the board, at least ten days before the person performs the practice;
(g) The filling of dental laboratory work orders of a licensed dentist, as provided by section 12-220-502, by any person, association, corporation, or other entity for the construction, reproduction, or repair of prosthetic dentures, bridges, plates, or appliances to be used or worn as substitutes for natural teeth or for restoration of natural teeth, or replacement of structures relating to the jaws, maxillofacial area, or adjacent and associated structures;
(h) The performance of acts by a person under the direct or indirect supervision of a dentist licensed in Colorado when authorized pursuant to the rules of the board or when authorized under other provisions of this article 220;
(i) The practicing of dentistry, dental therapy, or dental hygiene by an examiner representing a testing agency approved by the board, during the administration of an examination;
(j) The practice of dentistry by dentists licensed in good standing by other states while providing care as a volunteer, at the invitation of any group of licensed dentists, dental 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 a format approved by the board, at least ten days before the person performs the practice;
(k) The practice of dental therapy by dental therapists licensed in good standing by other states while providing care as a volunteer, at the invitation of any group of licensed dentists, dental 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 a format approved by the board, at least ten days before the person performs the practice, and the dental therapists treat patients only under direct supervision of a licensed dentist in compliance with section 12-220-508; or
(l) The practice of dental hygiene by dental hygienists licensed in good standing by other states while providing care as a volunteer, at the invitation of any group of licensed dentists, dental 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 a format approved by the board, at least ten days before the person performs the practice, and the dental hygienists treat patients only under direct supervision of a licensed dentist.
Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 236, � 1, effective September 14. L. 2022: (1)(c), (1)(e), (1)(f), (1)(i), and (1)(j) amended, (SB 22-219), ch. 381, p. 2717, � 17, effective January 1, 2023. L. 2025: (1)(b), (1)(f), (1)(g), and (1)(j) amended and (1)(k) and (1)(l) added, (SB 25-194), ch. 171, p. 695, � 7, effective August 6.
Editor's note: This section is similar to former � 12-220-112 as it existed prior to 2020.
Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.
12-220-303. Ownership of dental or dental hygiene practice - information to be posted - heir to serve as temporary proprietor - limitations - definitions. (1) (a) Only a dentist licensed to practice dentistry in this state pursuant to this article 220 may be the proprietor of a dental practice in this state.
(b) Only a dentist licensed to practice dentistry in this state pursuant to this article 220 or a dental hygienist licensed to practice dental hygiene in this state pursuant to this article 220 may be the proprietor of a dental hygiene practice in this state.
(c) (I) Notwithstanding subsections (1)(a) and (1)(b) of this section, a nonprofit organization may be the proprietor of a dental or dental hygiene practice if:
(A) The organization is a community health center, as defined in the federal Public Health Service Act, 42 U.S.C. sec. 254b; or
(B) At least fifty percent of the patients served by the organization are low income. As used in this subsection (1)(c)(I)(B), low income means the patient's income does not exceed the income level specified for determining eligibility for the children's basic health plan established in article 8 of title 25.5.
(II) Notwithstanding subsections (1)(a) and (1)(b) of this section, a political subdivision of the state may be the proprietor of a dental or dental hygiene practice. As used in this subsection (1)(c)(II), political subdivision of the state means a county, city and county, city, town, service authority, special district, or any other kind of municipal, quasi-municipal, or public corporation, as defined in section 7-49.5-103.
(III) The proprietorship of a dental or dental hygiene practice by a nonprofit organization that meets the criteria in subsection (1)(c)(I) of this section or by a political subdivision of the state shall not affect the exercise of the independent professional judgment of the licensed dentist or dental hygienist providing care to patients on behalf of the organization or political subdivision.
(d) (I) A dentist may conduct a dental or dental hygiene business collaboratively as a provider network in accordance with part 3 of article 18 of title 6.
(II) A dental hygienist may conduct a dental hygiene business collaboratively as a provider network in accordance with part 3 of article 18 of title 6.
(2) (a) The name, license number, ownership percentage, and other information, as required by the board, of each proprietor of a dental or dental hygiene practice, including an unlicensed heir who is the temporary proprietor of the practice, as specified in subsection (3) of this section, must be immediately and publicly available at the dental or dental hygiene practice during the practice's hours of operation. The information required by this subsection (2)(a) must be available in a format approved by the board.
(b) Upon request, the dental or dental hygiene practice shall promptly make available to the requesting person a copy of the information required by subsection (2)(a) of this section.
(c) The dental or dental hygiene practice shall ensure that the information required by subsection (2)(a) of this section is accurate and current. Any change in the information shall be updated within thirty days after the change.
(3) (a) Notwithstanding sections 12-20-405 (1) and (2) and 12-220-201 (1)(h), if a dentist or dental hygienist who was the proprietor of a dental or dental hygiene practice and was engaged in the active practice of dentistry or dental hygiene dies:
(I) An heir to the dentist may serve as a proprietor of the deceased dentist's dental or dental hygiene practice for up to one year after the date of the dentist's death, regardless of whether the heir is licensed to practice dentistry or dental hygiene; or
(II) An heir to the dental hygienist may serve as a proprietor of the deceased dental hygienist's dental hygiene practice for up to one year after the date of the dental hygienist's death, regardless of whether the heir is licensed to practice dentistry or dental hygiene.
(b) Upon good cause shown by the heir or the heir's representative, the board may extend the period described in subsection (3)(a) of this section by up to an additional twelve months, if necessary, to allow the heir sufficient time to sell or otherwise dispose of the practice.
(c) If an heir to a deceased dentist or dental hygienist serves as a proprietor of the deceased dentist's or dental hygienist's practice as specified in subsection (3)(a) of this section, all patient care provided during the time the heir is a proprietor of the practice shall be provided by an appropriately licensed dentist or dental hygienist.
(d) The temporary proprietorship of a dental or dental hygiene practice by an unlicensed heir must not affect the exercise of the independent professional judgment of the licensed dentist or dental hygienist providing care to patients on behalf of the practice.
Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 237, � 1, effective September 14. L. 2025: (2)(a) and (3)(d) amended, (SB 25-194), ch. 171, p. 696, � 8, effective August 6.
Editor's note: This section is similar to former � 12-220-114 as it existed prior to 2020.
12-220-304. Names and status under which dental practice may be conducted. (1) The conduct of the practice of dentistry, dental therapy, or dental hygiene in a corporate capacity is prohibited, but the prohibition shall not be construed to prevent the practice of dentistry, dental therapy, or dental hygiene by a professional service corporation of licensees so constituted that they may be treated under the federal internal revenue laws as a corporation for tax purposes only. A professional service corporation may exercise the powers and shall 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, dental therapy, or dental hygiene is permitted.
(3) The practice of dentistry, dental therapy, or dental hygiene by a professional service corporation, limited liability company of licensees, or 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 professional service corporation, limited liability company, or limited liability partnership for the practice of medicine.
Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 238, � 1, effective September 14. L. 2022: Entire section amended, (SB 22-219), ch. 381, p. 2718, � 18, effective January 1, 2023. L. 2025: (3) amended, (SB 25-194), ch. 171, p. 696, � 9, effective August 6.
Editor's note: This section is similar to former � 12-220-113 as it existed prior to 2020.
Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.