Colorado § 12-220-403 - Examination - how conducted - dentist license issued to successful applicants.

§ 12-220-403. Examination - how conducted - dentist license issued to successful applicants.

(1) An applicant for dental licensure must submit to the board proof that the applicant successfully passed the following:

(a) The examination administered by the Joint Commission on National Dental Examinations; and

(b) An examination or other methodology, as determined by the board, designed to test the applicant's clinical skills and knowledge, which may include residency and portfolio models.

(2) All examination results required by the board must be filed with the board and kept for reference for a period of not less than one year. If the applicant successfully completes the examinations and is otherwise qualified, the board shall grant a license to the applicant and shall issue a license certificate to the applicant.

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 246, § 1, effective September 14.

Editor's note: This section is similar to former § 12-220-117 as it existed prior to 2020.

ANNOTATION

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

The general assembly has delegated the duty to examine applicants for a dental license to the members of the Colorado state board of dental examiners, who are appointed by the governor. Colo. State Bd. of Dental Exam'rs v. Schroeder, 174 Colo. 343, 483 P.2d 970 (1971).

Moreover, it is not for the supreme court, any more than it is for the trial court, to act as a super dental board. Colo. State Bd. of Dental Exam'rs v. Schroeder, 174 Colo. 343, 483 P.2d 970 (1971).

Failure to pass all parts of required examination renders a person unqualified to practice dentistry. Colo. State Bd. of Dental Exam'rs v. Major, 996 P.2d 246 (Colo. App. 1999).

The federal Americans with Disabilities Act does not require the issuance of a license to a person who is otherwise unqualified to practice dentistry. Colo. State Bd. of Dental Exam'rs v. Major, 996 P.2d 246 (Colo. App. 1999).

The guidelines provided by this section afford the public protection against the incompetent who seeks to practice dentistry, while granting to every applicant a fair and uniform basis for ascertaining whether he is qualified to practice dentistry in Colorado. Colo. State Bd. of Dental Exam'rs v. Schroeder, 174 Colo. 343, 483 P.2d 970 (1971).

The general assembly has caused the examination procedure that is to be conducted by the state board of dental examiners to be defined by this section. Colo. State Bd. of Dental Exam'rs v. Schroeder, 174 Colo. 343, 483 P.2d 970 (1971).

The test prescribed by the state board of dental examiners, if carried out in a uniform manner and with an objective and factual basis for determining the qualifications of an applicant, is valid. Colo. State Bd. of Dental Exam'rs v. Schroeder, 174 Colo. 343, 483 P.2d 970 (1971).

The state board of dental examiners, in conducting an examination and in causing a record to be made of the examination results, failed to comply with this section where the board did not uniformly grade the applicants or make a record of all the grades, nor did the board record the grade of each applicant who took the subjective, practical dentistry examination, and in many instances, the examinations bore grades which were not tied to any factual standards relating to the practical dental work which was assigned to the applicants, but instead, many of the applicants were given grades which were arbitrarily arrived at on the basis of whether the applicant was obviously passing or failing the practical dentistry examination and other applicants were not graded on each phase of the practical examination and were given only an over-all grade. Colo. State Bd. of Dental Exam'rs v. Schroeder, 174 Colo. 343, 483 P.2d 970 (1971).