CO Code § 12-220-104 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 220 - Dentists and Dental Hygienists|Part 1 - General Provisions|§ 12-220-104. Definitions - Rules

 As used in this article 220, unless the context otherwise requires:    “Accredited” means a program that is nationally recognized for specialized accrediting for dental, dental hygiene, and dental auxiliary programs by the United States department of education.    “Board” means the Colorado dental board created in section 12-220-105.    “Dental assistant” means any person, other than a dentist 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.    “Dental hygiene” means the delivery of preventive, educational, and clinical services supporting total health for the control of oral disease 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.    “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.    “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.      “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.    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.       “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.      “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.    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.         “Interim therapeutic restoration” or “ITR” means a direct provisional restoration placed to stabilize a tooth until a licensed dentist can assess the need for further definitive treatment.    “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.    “Interim therapeutic restoration” includes protective restoration for adults delivered in accordance with section 12-220-505.       “Laboratory work order” means the written instructions 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.    “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.    “Proprietor” includes any person who:   Employs dentists, dental hygienists, or dental assistants in the operation of a dental office, except as provided in sections 12-220-305 and 12-220-501;    Places in possession of a dentist, 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    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 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.       Repealed.    “Telehealth supervision” means indirect supervision by a dentist of a dental hygienist performing a statutorily authorized procedure using telecommunications systems.     History. 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.    Editor's note:   This section is similar to former § 12-220-104 as it existed prior to 2020.   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).