Colorado § 12-220-104 - Definitions - rules.

§ 12-220-104. Definitions - rules.

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.

ANNOTATION

Annotator's note. The following annotations include a case decided under a former provision similar to this section.

License is privilege. A license, which gives a person the authority to practice dentistry, is a "privilege" granted by the board. Cross v. Colo. State Bd. of Dental Exam'rs, 37 Colo. App. 504, 552 P.2d 38 (1976).

A license certificate is merely evidence of the license. Cross v. Colo. State Bd. of Dental Exam'rs, 37 Colo. App. 504, 552 P.2d 38 (1976).