Colorado § 12-220-106 - Powers and duties of board - rules - limitation on authority.

§ 12-220-106. Powers and duties of board - rules - limitation on authority.

(1) The board shall exercise, in accordance with this article 220, the following powers and duties:

(a) Adopt, publish, declare, and periodically review reasonable rules pursuant to section 12-20-204, including rules regarding:

(I) The use of lasers for dental, dental therapy, and dental hygiene purposes within defined scopes of practice, subject to appropriate education and training, and with appropriate supervision, as applicable;

(II) Minimum training, experience, and equipment requirements to obtain an anesthesia or sedation permit under section 12-220-411;

(III) Criteria and procedures consistent with section 12-220-411 for an office inspection program to be completed upon application and renewal of sedation and anesthesia permits pursuant to section 12-220-411;

(IV) A uniform system and schedule of fines pursuant to section 12-220-202 (5)(b);

(V) The granting of temporary licenses, which rules must include, but not be limited to, restrictions with respect to effective dates, areas of practice that may be performed, and licensing fees that may be charged to the applicant;

(VI) Requirements for jurisprudence education prior to initial licensure;

(VII) Definitions for the terms "in good standing" and "patient representative" for the purposes of this article 220;

(b) (I) (A) Conduct hearings in accordance with section 12-20-403 to revoke, suspend, or deny the issuance of a license or renewal of a license granted under the authority of this article 220 or of previous laws;

(B) Issue a confidential letter of concern in accordance with section 12-20-404 (5);

(C) Issue a letter of admonition in accordance with section 12-20-404 (4);

(D) Impose an administrative fine in accordance with sections 12-20-404 (1)(c) and 12-220-202 (5)(b); or

(E) Reprimand, censure, or, in accordance with section 12-20-404 (1)(b), place a licensee on probation when evidence has been presented showing a violation of this article 220 by a holder of or an applicant for a license.

(II) The board may elect to hear the matter itself pursuant to section 12-220-202 (1), or it may elect to hear the matter with the assistance of an administrative law judge or an advisory attorney from the office of the attorney general, and, in such case, the advisor or administrative law judge shall advise the board on legal and procedural matters and rule on evidence and otherwise conduct the course of the hearing.

(c) Conduct investigations in accordance with section 12-20-403 and inspections for compliance with the provisions of this article 220;

(d) Grant and issue licenses and renewal certificates in conformity with this article 220 to applicants the board has found to be qualified. The board may also grant and issue temporary licenses in accordance with rules adopted under subsection (1)(a)(V) of this section.

(e) Through the department and subject to appropriations made to the department, employ hearing officers or administrative law judges on a full-time or part-time basis to conduct any hearings required by this article 220;

(f) In accordance with section 12-220-411, issue anesthesia and sedation permits to licensed dentists, dental therapists, and dental hygienists and set and collect fees for permit issuance.

(2) The board may recognize those dental specialties defined by the National Commission on Recognition of Dental Specialties and Certifying Boards or the United States department of education.

(3) To facilitate the licensure of qualified applicants, the board may establish a subcommittee of at least six board members to perform licensing functions in accordance with this article 220. Four subcommittee members constitute a quorum of the subcommittee. The chairperson of the board may serve on a subcommittee as deemed necessary by the chairperson. Any action taken by a quorum of the subcommittee constitutes action by the board.

(4) The authority granted the board under this article 220 does not authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 223, § 1, effective September 14. L. 2022: (1)(a)(I) and (1)(f) amended, (SB 22-219), ch. 381, p. 2713, § 8, effective January 1, 2023. L. 2025: IP(1)(a) and (2) amended and (1)(a)(VI) and (1)(a)(VII) added, (SB 25-194), ch. 171, p. 693, § 3, effective August 6.

Editor's note: This section is similar to former § 12-220-106 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

Law reviews. For note, "The Right to Cross-Examine Adverse Witnesses as a Part of Due Process in Hearings Before Colorado Agencies", see 31 Dicta 383 (1954).

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

The board of dental examiners, being a statutory board, is not vested with arbitrary power. State Bd. of Dental Colo. v. Savelle, 90 Colo. 177, 8 P.2d 693 (1932) (decided under repealed laws antecedent to CSA, C. 52, § 14).

The dental practice law does not mention surrender of a license. Cross v. Colo. State Bd. of Dental Colo., 37 Colo. App. 504, 552 P.2d 38 (1976).

The dental board may accept or reject the tendered surrender of a license; such authority must be implied from the authority to grant the license. Cross v. Colo. State Bd. of Dental Colo., 37 Colo. App. 504, 552 P.2d 38 (1976).

Surrender does not extinguish license. The surrender of the license certificate, until accepted, does not extinguish the license. Cross v. Colo. State Bd. of Dental Colo., 37 Colo. App. 504, 552 P.2d 38 (1976).

So long as plaintiff's name is entered on the record book of the board, he remains licensed to practice dentistry. Cross v. Colo. State Bd. of Dental Colo., 37 Colo. App. 504, 552 P.2d 38 (1976).

Board can conduct disciplinary proceedings. Until the board accepts the surrender of a license, it is acting within the scope of its statutory power to conduct disciplinary proceedings, and the district court has no jurisdiction to restrain the board from performing its statutory function. Cross v. Colo. State Bd. of Dental Colo., 37 Colo. App. 504, 552 P.2d 38 (1976).

Disciplinary proceedings are in furtherance of purpose of law. The purpose of the dental practice law is to protect the public interest, and when the board exercises its statutory function of conducting disciplinary proceedings, it is pursuing that purpose. Cross v. Colo. State Bd. of Dental Colo., 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 Colo., 37 Colo. App. 504, 552 P.2d 38 (1976).

Although a license to practice dentistry may be considered "property" to the extent that due process must be satisfied before there can be any governmental "taking" of it, a dentistry license is not property that may be abandoned so as to divest the board of jurisdiction after disciplinary proceedings have been instituted. Cross v. Colo. State Bd. of Dental Colo., 37 Colo. App. 504, 552 P.2d 38 (1976).

Board may not participate with hearing officer in conducting proceedings. Where the board participated jointly with the hearing officer in conducting the proceedings involving a practitioner, in using the hearing officer as its legal advisor during its deliberations, and in entering the initial fact-finding decision, the board violates the statutory provisions of this article, and the practitioner is not required to demonstrate any prejudice to him as result of these statutory violations. In re Maul v. State Bd. of Dental Colo., 668 P.2d 933 (Colo. 1983).