Colorado § 12-220-305 - What constitutes practicing dentistry - rules.

§ 12-220-305. What constitutes practicing dentistry - rules.

(1) A person is practicing dentistry if the person:

(a) Performs or attempts or professes to perform any dental operation, oral surgery, or dental diagnostic or therapeutic services of any kind;

(b) Is a proprietor of a place where dental operation, oral surgery, or dental diagnostic or therapeutic services are performed;

(c) Directly or indirectly, by any means or method, takes a physical or digital impression or scan of the human tooth, teeth, jaws, maxillofacial area, or adjacent and associated structures; performs any phase of any operation incident to the replacement of a part of a tooth; or supplies artificial substitutes for the natural teeth, jaws, or adjacent and associated structures;

(d) Furnishes, supplies, constructs, reproduces, or repairs a prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth or upon the jaws, maxillofacial area, or adjacent and associated structures other than on the dental laboratory work order of a duly licensed and practicing dentist;

(e) Places an appliance or structure described in subsection (1)(d) of this section in the human mouth;

(f) Adjusts or attempts or professes to adjust an appliance or structure described in subsection (1)(d) of this section;

(g) Delivers an appliance or structure described in subsection (1)(d) of this section to any person other than the dentist upon whose laboratory work order the work was performed;

(h) Professes to the public by any method to furnish, supply, construct, reproduce, or repair any prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth or upon the jaws, maxillofacial area, or adjacent and associated structures;

(i) Examines, diagnoses, plans treatment of, or treats natural or artificial structures or conditions associated with, adjacent to, or functionally related to the oral cavity, jaws, maxillofacial area, or adjacent and associated structures and their impact on the human body;

(j) Extracts or attempts to extract human teeth or corrects, or attempts to correct, malformations of human teeth or jaws;

(k) Repairs or fills cavities in human teeth;

(l) Prescribes ionizing radiation or the use of an X ray for the purpose of taking dental X rays;

(m) Gives or professes to give interpretations or readings of dental X rays, CT scans, or other diagnostic methodologies;

(n) Represents themself to an individual or the general public as practicing dentistry by using the words "dentist" or "dental surgeon" or by using the letters "D.D.S.", "D.M.D.", "D.D.S./M.D.", or "D.M.D./M.D.";

(o) States, permits to be stated, or professes by any means or method whatsoever that the person can perform or will attempt to perform dental operations or render a diagnosis connected with dental operations;

(p) Prescribes drugs or medications and administers local anesthesia, analgesia including nitrous oxide/oxygen inhalation, medication prescribed or administered for the relief of anxiety or apprehension, minimal sedation, moderate sedation, deep sedation, or general anesthesia as necessary for the proper practice of dentistry;

(q) Prescribes, induces, and sets dosage levels for inhalation anesthesia; except that nothing in this subsection (1)(q) prohibits the delegation of monitoring and administration to dental hygienists and appropriately trained unlicensed personnel in accordance with this article 220 and rules of the board, including requiring training;

(r) Gives or professes to give interpretations or readings of dental charts or records or gives treatment plans or interpretations of treatment plans derived from examinations, patient records, or dental X rays; except that nothing in this subsection (1)(r) prohibits a dental therapist, dental hygienist, or dental assistant from performing tasks and procedures consistent with sections 12-220-501 (2.5) and (3), 12-220-503, 12-220-504, and 12-220-508;

(s) Maintains patient clinical records, dental charts, images, treatment plans, interpretations, or other documentation, except when undergoing a transition in practice ownership as permitted in section 12-220-303 (2);

(t) (I) Pursuant to rules adopted by the board, orders and administers immunizations to patients six years of age or older. The board shall adopt rules regarding delegation of immunization administration by a licensed dentist to a dental therapist or dental hygienist and may adopt rules specifying the minimum training requirements for dentists to administer immunizations.

(II) A dentist who administers immunizations shall:

(A) Not provide medical or nonmedical exemptions for any required immunizations;

(B) Enter all immunization-related administration information into the Colorado immunization information system created pursuant to part 24 of article 4 of title 25;

(C) Disclose their medical training related to pediatric administration, including the ability to manage side effects or adverse outcomes, to patients as part of the patient consent process;

(D) Administer only respiratory and oral health, including human papillomavirus, immunizations; and

(E) Distribute immunization educational materials and recommendations developed by the department of public health and environment to their patients.

(u) Orders and administers neuromodulators and dermal fillers to dental patients of record for therapeutic and cosmetic purposes pursuant to rules adopted by the board regarding required training, ongoing competency, record keeping, and delegation to dental hygienists.

(2) This section does not prohibit:

(a) A dental assistant from performing tasks and procedures consistent with section 12-220-501 and in accordance with rules adopted by the board;

(b) A dental hygienist from performing tasks and procedures consistent with sections 12-220-501, 12-220-503, and 12-220-504 and in accordance with rules adopted by the board; or

(c) A dental therapist from performing tasks and procedures consistent with sections 12-220-501 and 12-220-508 and in accordance with rules adopted by the board.

(3) A provider performing itinerant surgery shall develop and maintain a written protocol for emergency follow-up care with appropriately trained practitioners for all patients treated. The plan shall be provided to each patient undergoing treatment and must be available immediately at the request of the board. The written protocol must include a provision that requires the provider to include in a plan of care follow-up treatment in a permanently established treatment facility within a reasonable proximity of the location where itinerant surgical treatment was performed. This follow-up treatment shall be provided by the itinerant surgical treatment operator or an appropriately trained practitioner who has agreed in writing to participate in the emergency follow-up care plan for the itinerant surgical treatment operator. The appropriately trained practitioner must be available when the itinerant surgical operator is not available.

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 239, § 1, effective September 14. L. 2022: (1)(a), (1)(b), (1)(c), (1)(j), (1)(k), (1)(m), (1)(n), (1)(p), and (1)(r) amended, (SB 22-219), ch. 381, p. 2718, § 19, effective January 1, 2023. L. 2025: (1)(a), (1)(b), (1)(c), (1)(d), (1)(j), (1)(k), (1)(l), (1)(m), (1)(n), (1)(p), (1)(q), (1)(r), and (2) amended and (1)(s), (1)(t), (1)(u), and (3) added, (SB 25-194), ch. 171, p. 696, § 10, effective August 6.

Editor's note: This section is similar to former § 12-220-110 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.

A statute will be presumed constitutional unless the contrary clearly appears, and this is particularly true where the statute is designed to protect the health and safety of the public. People ex rel. Dunbar v. Kogul, 179 Colo. 394, 501 P.2d 738 (1972).

Hence, a requirement that all repair work on dental prosthetics be done pursuant to a prescription by a licensed dentist is not unconstitutional, since it is reasonably related to the health and safety of the public. People ex rel. Dunbar v. Kogul, 179 Colo. 394, 501 P.2d 738 (1972).

The general assembly may devise reasonable schemes for regulation of activities which affect the health and safety of the public. People ex rel. Dunbar v. Kogul, 179 Colo. 394, 501 P.2d 738 (1972).

The scope of judicial review is limited to a determination whether or not the particular regulation is reasonably related to such health and safety. People ex rel. Dunbar v. Kogul, 179 Colo. 394, 501 P.2d 738 (1972).

Craniosacral manipulation for the relief of pain from temporomandibular joint dysfunction constitutes the practice of dentistry and is therefore exempt from the medical licensing requirements. Colo. Bd. of Med. Exam'rs v. Raemer, 794 P.2d 1075 (Colo. App. 1990).

Individuals who purchased dental equipment and then leased it to orthodontist were proprietors of a dental operation under subsections (14)(b) and (14)(c). Mason v. Orthodontic Ctrs. of Colo., 516 F. Supp. 2d 1205 (D. Colo. 2007).

Through these actions, the individuals were engaged in the practice of dentistry under subsection (1)(b). Mason v. Orthodontic Ctrs. of Colo., 516 F. Supp. 2d 1205 (D. Colo. 2007).

Because these individuals lacked a license to engage in such practice, they were also in violation of subsection (1)(a). Mason v. Orthodontic Ctrs. of Colo., 516 F. Supp. 2d 1205 (D. Colo. 2007).

Individuals who leased or arranged for offices and then sublet them to orthodontist were proprietors of a dental practice under subsection (14)(c). Mason v. Orthodontic Ctrs. of Colo., 516 F. Supp. 2d 1205 (D. Colo. 2007).

Applied in McIntyre v. State Dept. of Rev., 757 P.2d 1161 (Colo. App. 1988).