Colorado § 12-220-102 - Legislative declaration.

§ 12-220-102. Legislative declaration.

The practice of dentistry, dental therapy, and dental hygiene in this state is declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the dental profession merit and receive the confidence of the public and that only qualified dentists, dental therapists, and dental hygienists be permitted to practice dentistry, dental therapy, or dental hygiene in this state. It is the purpose of this article 220 to promote the public health, safety, and welfare by regulating the practice of dentistry, dental therapy, and dental hygiene and to ensure that no one practices dentistry, dental therapy, 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 health needs of the public. All provisions of this article 220 relating to the practice of dentistry, dental therapy, and dental hygiene shall be liberally construed to carry out these objects and purposes.

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 219, § 1, effective September 14. L. 2022: Entire section amended, (SB 22-219), ch. 381, p. 2706, § 2, effective January 1, 2023.

Editor's note: This section is similar to former § 12-220-102 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.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Dentistry is generally considered as a learned profession. People v. Painless Parker Dentist, 85 Colo. 304, 275 P. 928 (1929).

Dentistry is subject to state regulation. Since dentistry is a profession having to do with public health, it is subject to regulation by the state. State Bd. of Dental Exam'rs v. Savelle, 90 Colo. 177, 8 P.2d 693 (1932).

The purpose of regulation is to protect the public from ignorance, unskillfulness, unscrupulousness, deception and fraud. State Bd. of Dental Exam'rs v. Savelle, 90 Colo. 177, 8 P.2d 693 (1932).

The purpose of the dental practice law is to protect the public interest. Cross v. Colo. State Bd. of Dental Exam'rs, 37 Colo. App. 504, 552 P.2d 38 (1976).

For the necessity of prescribing regulations for the practice of dentistry, see Gothard v. People, 32 Colo. 11, 74 P. 890 (1903).

Personal dentist-patient relation required. The state requires that the relation of the dental practitioner to his patients and patrons must be personal. State Bd. of Dental Exam'rs v. Savelle, 90 Colo. 177, 8 P.2d 693 (1932).

Disciplinary proceedings are in furtherance of purpose of law. When the board exercises its statutory function of conducting disciplinary proceedings, it is pursuing the purpose of the dental practice law. Cross v. Colo. State Bd. of Dental Exam'rs, 37 Colo. App. 504, 552 P.2d 38 (1976).

Plaintiff may not surrender license as of right during pendency. To effectuate the purpose of the dental practice law, plaintiff is not entitled to resign or surrender his license as of right, during the pendency of disciplinary proceedings, and thereby divest the board of its jurisdiction. Cross v. Colo. State Bd. of Dental Exam'rs, 37 Colo. App. 504, 552 P.2d 38 (1976).