2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 220 - DENTISTS, DENTAL HYGIENISTS, AND DENTAL THERAPISTS (§§ 12-220-101 — 12-220-602) › Part 1 - GENERAL PROVISIONS (§§ 12-220-101 — 12-220-109) › Section 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)
Make, 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;
(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 American Dental Association.
(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.
Amended by 2022 Ch. 381, § 8, eff. 1/1/2023.
Amended by 2020 Ch. 64, § 1, eff. 9/14/2020.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-220-106 as it existed prior to 2020.
2022 Ch. 381, was passed without a safety clause. See Colo. Const. art. V, § 1(3).