CO Code § 12-220-305 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 220 - Dentists and Dental Hygienists|Part 3 - Dental Practice|§ 12-220-305. What Constitutes Practicing Dentistry - Authority to Electronically Prescribe

  A person is practicing dentistry if the person:   Performs, or attempts or professes to perform, any dental operation, oral surgery, or dental diagnostic or therapeutic services of any kind; except that nothing in this subsection (1)(a) prohibits a dental hygienist or dental assistant from providing preventive dental or nutritional counseling, education, or instruction services;    Is a proprietor of a place where dental operation, oral surgery, or dental diagnostic or therapeutic services are performed; except that nothing in this subsection (1)(b) prohibits a dental hygienist or dental assistant from performing those tasks and procedures consistent with section 12-220-501;    Directly or indirectly, by any means or method, takes impression 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; except that nothing in this subsection (1)(c) prohibits a dental hygienist or dental assistant from performing tasks and procedures consistent with sections 12-220-501 (3)(b)(III) and 12-220-503 (1)(d);    Furnishes, supplies, constructs, reproduces, or repairs 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 other than on the written laboratory work order of a duly licensed and practicing dentist;    Places an appliance or structure described in subsection (1)(d) of this section in the human mouth;    Adjusts or attempts or professes to adjust an appliance or structure described in subsection (1)(d) of this section;    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;    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;    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;    Extracts, or attempts to extract, human teeth or corrects, or attempts to correct, malformations of human teeth or jaws;    Repairs or fills cavities in human teeth;    Prescribes ionizing radiation or the use of an X ray for the purpose of taking dental X rays or roentgenograms; except that nothing in this subsection (1)(l) prohibits these procedures from being delegated to appropriately trained personnel in accordance with this article 220 and rules of the board;    Gives, or professes to give, interpretations or readings of dental X rays or roentgenograms, CT scans, or other diagnostic methodologies; except that nothing in this subsection (1)(m) prohibits a dental hygienist from performing tasks and procedures consistent with sections 12-220-503 and 12-220-504;    Represents himself or herself 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.” Nothing in this subsection (1)(n) prohibits a dental hygienist or dental assistant from performing tasks and procedures consistent with section 12-220-501 (2) or (3)(b).    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;    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; except that nothing in this subsection (1)(p) prohibits a dental hygienist from performing those tasks and procedures consistent with sections 12-220-501, 12-220-503 (1)(e) and (1)(g), and 12-220-504 (1)(c), and in accordance with rules promulgated by the board;    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 appropriately trained personnel in accordance with this article 220 and rules of the board;    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, dental X rays, or roentgenograms; except that nothing in this subsection (1)(r) prohibits a dental hygienist or dental assistant from performing tasks and procedures consistent with sections 12-220-501 (2) and (3), 12-220-503, and 12-220-504.       A licensed dentist may prescribe orders electronically.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1056), ch. 64, p. 239, § 1, effective September 14.    Editor's note:   This section is similar to former § 12-220-110 as it existed prior to 2020.   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), appeal dismissed, 801 P.2d 536 (Colo. 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).