As used in this article 23, unless the context otherwise requires:
(1) Board means the state board of health.
(2) Eligible dental professional means a person who is:
(a) A dentist licensed in Colorado pursuant to article 220 of title 12; or
(b) A dental hygienist licensed in Colorado pursuant to article 220 of title 12.
(3) Loan repayment assistance means financial assistance in paying all or part of the principal, interest, and other related expenses of a loan for professional education in either dentistry or dental hygiene, whichever is appropriate.
(4) Master settlement agreement means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown &Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.
(5) Underserved population includes but is not limited to:
(a) Individuals eligible for medical assistance under articles 4, 5, and 6 of title 25.5, C.R.S.;
(b) Individuals enrolled in the children's basic health plan pursuant to article 8 of title 25.5, C.R.S.;
(c) Repealed.
(d) Individuals who are provided services by a dental professional and who are charged fees on a sliding scale based upon income or who are served without charge.
Source: L. 2001: Entire article added, p. 924, � 1, effective June 4. L. 2006: (5)(a) to (5)(c) amended, p. 2015, � 92, effective July 1. L. 2019: IP and (2) amended, (HB 19-1172), ch. 136, p. 1705, � 169, effective October 1. L. 2024: (5)(c)(II) added by revision, (HB 24-1399), ch. 76, pp. 256, 260 �� 19, 33.
Editor's note: Subsection (5)(c)(II) provided for the repeal of subsection (5)(c), effective July 1, 2025. (See L. 2024, pp. 256, 260.)
25-23-103. State loan repayment program for dentists and dental hygienists serving underserved populations - creation - conditions. (1) Subject to available appropriations, the department of public health and environment shall develop and maintain a state dental loan repayment program in which the state agrees to pay all or part of the principal, interest, and related expenses of the educational loans of each eligible dental professional. The department of public health and environment shall operate the program in cooperation with other health professional loan repayment programs.
(2) A dental professional is eligible for loan repayment assistance if the dental professional meets at least one of the following criteria:
(a) The dental professional is employed by a federally qualified health center, as defined in the federal Social Security Act, 42 U.S.C. sec. 1395x (aa)(4);
(b) The dental professional owns or is employed by a practice that remains open to new clients enrolled in the medicaid program or the children's basic health plan program;
(c) The dental professional owns or is employed by a practice that provides a significant level of service to underserved populations as defined in rule by the board; or
(d) The dental professional provides, on a pro bono basis, a significant level of service to underserved populations.
(3) Loan repayments shall be available to eligible dental professionals on an annual basis, however, an eligible dental professional shall enter into a contract, as a condition of qualifying for the loan repayment assistance, in which the dental professional agrees to provide care to underserved populations for a minimum of two years. The department of public health and environment shall enter into contracts with eligible dental professionals on or after April 1, 2002.
(4) The board may establish the total amount of annual financial assistance available under the loan repayment program to any dental professional in order to promote recruitment and retention of a dental professional. Any contracts for loan repayment shall include reasonable penalties for breach of contract. In the event of a breach of contract for a loan repayment entered into pursuant to this article, the department of public health and environment shall be responsible for enforcing the contract and collecting any damages or other penalties owed.
(5) Nothing in this article shall be interpreted to create a legal entitlement to loan repayment assistance. The amount of assistance available is limited by available appropriations.
(6) The department of public health and environment may apply for any available matching federal funds on behalf of an eligible dental professional and shall use such federal funds to provide all or part of the financing for loan repayment for an eligible dental professional.
(7) Repealed.
Source: L. 2001: Entire article added, p. 925, � 1, effective June 4. L. 2003: (7) amended, p. 2008, � 86, effective May 22. L. 2005: (7) repealed, p. 288, � 37, effective August 8. L. 2020: (2)(a) amended, (SB 20-136), ch. 70, p. 288, � 25, effective September 14.
Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.
25-23-104. State dental loan repayment and oral health programs fund - acceptance of grants and donations. (1) (a) The state dental loan repayment and oral health programs fund, referred to in this section as the fund, is hereby created in the state treasury.
(b) The fund consists of money appropriated by the general assembly to the fund, money transferred to the fund pursuant to subsection (2) of this section, and any matching funds or contributions received from public or private sources. Matching funds or contributions received from public or private sources shall be transmitted to the treasurer, who shall credit the money to the fund.
(c) At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund.
(d) Subject to annual appropriation by the general assembly, the department of public health and environment may expend money from the fund to provide loan repayment assistance to eligible dental professionals and to fund oral health programs administered by the department of public health and environment. Money in the fund may also be used to pay for the administrative costs of the department of public health and environment to implement the loan repayment program and oral health programs administered by the department of public health and environment; except that administrative costs shall not exceed ten percent of the money in the fund.
(2) (a) Pursuant to section 24-75-1104.5 (1.7)(m), for fiscal year 2016-17 and for each fiscal year thereafter so long as the state receives money pursuant to the master settlement agreement, the state treasurer shall transfer to the state dental loan repayment and oral health programs fund one percent of the money received by the state pursuant to the master settlement agreement for the preceding fiscal year.
(b) The state treasurer shall transfer to the fund the amount specified in subsection (2)(a) of this section from money credited to the tobacco litigation settlement cash fund created in section 24-22-115. Money in the fund is subject to annual appropriation by the general assembly for the purposes of this article 23 and oral health programs administered by the department of public health and environment. The amount appropriated pursuant to this subsection (2) is in addition to and not in replacement of any general fund money appropriated to the fund.
(3) The department of public health and environment is authorized to receive contributions, grants, and services from public and private sources to carry out the purposes of this article.
Source: L. 2001: Entire article added, p. 926, � 1, effective June 4. L. 2003: (2) amended, p. 464, � 8, effective March 5; (2) amended, p. 2564, � 6, effective June 5. L. 2004: (2) amended, p. 1711, � 10, effective June 4. L. 2006: (1) and (2) amended, p. 1037, � 7, effective May 25. L. 2015: (1) amended, (SB 15-264), ch. 259, p. 962, � 78, effective August 5. L. 2016: (2) amended, (HB 16-1408), ch. 153, p. 468, � 17, effective July 1. L. 2020: (2) amended, (HB 20-1380), ch. 170, p. 782, � 3, effective June 29. L. 2022: (1) and (2) amended, (HB 22-1292), ch. 186, p. 1248, � 3, effective May 18.