3 Colo. Code Regs. § 709-1.21
Current through Register Vol. 47, No. 22, November 25, 2024
Section 3 CCR 709-1.21 - Fining Schedule for Violations of the Dental Practice Act and Board RulesPursuant to section 12-220-202(5), C.R.S., when a licensed dentist, including one issued an academic license, dental therapist, or dental hygienist violates a provision of the Dental Practice Act or a Board Rule, the Board may impose a fine on the licensee. The amount of an administrative fine assessed will be based on the following criteria:
- Severity of the violation;
- Type of violation; and
- Whether the licensee committed repeated violations
A. If the licensee is a dentist, the fine must not exceed $5,000. If the violation(s) involve: 1. Substandard Care, Fraud, or Attempting to Deceive the Boarda. First offense, may be fined up to $3,000.b. Second offense, may be fined up to $4,000.c. Third or subsequent offense, may be fined up to $5,000.2. Record Keeping Violationsa. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.3. Failure to Maintain or Provide Complete Recordsa. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.4. Failure to Comply with Continuing Education Requirementsa. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.5. Practicing without a License or with an Expired License a. First offense: (1) 0-12 months, may be fined up to $1,250.(2) 1-2 years, may be fined up to $2,500.(3) 2 or more years, may be fined up to $3,750.b. Second offense: (1) 0-12 months, may be fined up to $2,500.(2) 1-2 years, may be fined up to $3,750.(3) 2 or more years, may be fined up to $5,000.c. Third or subsequent offense of any duration, may be fined up to $5,000.6. Administering Anesthesia/Sedation without a Permit or with an Expired Permita. First offense:(1) 0-12 months, may be fined up to $1,250.(2) 1-2 years, may be fined up to $2,500.(3) 2 or more years, may be fined up to $3,750.b. Second offense: (1) 0-12 months, may be fined up to $2,500.(2) 1-2 years, may be fined up to $3,750.(3) 2 or more years, may be fined up to $5,000.c. Third or subsequent offense of any duration, may be fined up to $5,000.7. Failure to Appropriately Supervise Dental Personnela. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.8. Failure to Meet Generally Accepted Standards for Infection Control- each day a violation continues or occurs may be considered a separate violation for the purpose of imposing a fine under this categorya. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.9. False Advertising a. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.10. Failure to Register for the Prescription Drug Monitoring Program (PDMP)- applicable only if the licensee maintains a current United States Drug Enforcement Agency (DEA) registration a. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.11. Failure to Respond in an Honest, Materially Responsive, and Timely Manner to a Complaint a. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.12. Failure to Maintain Professional Liability Insurancea. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.13. Violation of the Practice Ownership Lawsa. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.14. Aiding and Abetting the Unlicensed Practice of Dentistry, Dental Therapy, or Dental Hygiene a. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.15. Failure to Comply with a Board Order or Subpoenaa. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.16. Other Violations a. First offense, may be fined up to $1,250.b. Second offense, may be fined up to $2,500.c. Third or subsequent offense, may be fined up to $5,000.B. If the licensee is a dental therapist, the fine must not exceed $4,000. If the violation(s) involve: 1. Substandard Care, Fraud, or Attempting to Deceive the Boarda. First offense, may be fined up to $2,000.b. Second offense, may be fined up to $3,000.c. Third or subsequent offense, may be fined up to $4,000.2. Record Keeping Violationsa. First offense, may be fined up to $1,000.b. Second offense, may be fined up to $2,000.c. Third or subsequent offense, may be fined up to $4,000.3. Failure to Maintain or Provide Complete Recordsa. First offense, may be fined up to $1,000.b. Second offense, may be fined up to $2,000.c. Third or subsequent offense, may be fined up to $4,000.4. Failure to Comply with Continuing Education Requirementsa. First offense, may be fined up to $1,000.b. Second offense, may be fined up to $2,000.c. Third or subsequent offense, may be fined up to $4,000.5. Practicing without a License or with an Expired License a. First offense: (1) 0-12 months, may be fined up to $1,000.(2) 1-2 years, may be fined up to $2,000.(3) 2 or more years, may be fined up to $3.000.b. Second offense: (1) 0-12 months, may be fined up to $2,000.(2) 1-2 years, may be fined up to $3,000.(3) 2 or more years, may be fined up to $4,000.c. Third or subsequent offense of any duration, may be fined up to $4,000.6. Administering Local Anesthesia without a Permit or with an Expired Permita. First offense:(1) 0-12 months, may be fined up to $1,000.(2) 1-2 years, may be fined up to $2,000.(3) 2 or more years, may be fined up to $3,000.b. Second offense: (1) 0-12 months, may be fined up to $2,000.(2) 1-2 years, may be fined up to $3,000.(3) 2 or more years, may be fined up to $4,000. c Third or subsequent offense of any duration, may be fined up to $4,000.7. Failure to Meet Generally Accepted Standards for Infection Control- each day a violation continues or occurs may be considered a separate violation for the purpose of imposing a fine under this categorya. First offense, may be fined up to $1,000.b. Second offense, may be fined up to $2,000.c. Third or subsequent offense, may be fined up to $4,000.8. Failure to Respond in an Honest, Materially Responsive, and Timely Manner to a Complaint a. First offense, may be fined up to $1,000.b. Second offense, may be fined up to $2,000. c Third or subsequent offense, may be fined up to $4,000.9. Failure to Maintain Professional Liability Insurance a. First offense, may be fined up to $1,000.b. Second offense, may be fined up to $2,000.c. Third or subsequent offense, may be fined up to $4,000.10. Aiding and Abetting the Unlicensed Practice of Dentistry, Dental Therapy, or Dental Hygiene a. First offense, may be fined up to $1,000.b. Second offense, may be fined up to $2,000.c. Third or subsequent offense, may be fined up to $4,000.11. Failure to Comply with a Board Order or Subpoenaa. First offense, may be fined up to $1,000.b. Second offense, may be fined up to $2,000.c. Third or subsequent offense, may be fined up to $4,000.14. Other Violations a. First offense, may be fined up to $1,000.b. Second offense, may be fined up to $2,000.c. Third or subsequent offense, may be fined up to $4,000.C. If the licensee is a dental hygienist, the fine must not exceed $3,000. If the violation(s) involve: 1. Substandard Care, Fraud, or Attempting to Deceive the Boarda. First offense, may be fined up to $1,000.b. Second offense, may be fined up to $2,000.c. Third or subsequent offense, may be fined up to $3,000.2. Record Keeping Violationsa. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.3. Failure to Maintain or Provide Complete Recordsa. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.4. Failure to Comply with Continuing Education Requirementsa. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.5. Practicing without a License or with an Expired License a. First offense: (1) 0-12 months, may be fined up to $750.(2) 1-2 years, may be fined up to $1,500.(3) 2 or more years, may be fined up to $2,250.b. Second offense: (1) 0-12 months, may be fined up to $1,500.(2) 1-2 years, may be fined up to $2,250.(3) 2 or more years, may be fined up to $3,000.c. Third or subsequent offense of any duration, may be fined up to $3,000.6. Administering Local Anesthesia without a Permit or with an Expired Permita. First offense:(1) 0-12 months, may be fined up to $750.(2) 1-2 years, may be fined up to $1,500.(3) 2 or more years, may be fined up to $2,250.b. Second offense: (1) 0-12 months, may be fined up to $1,500.(2) 1-2 years, may be fined up to $2,250.(3) 2 or more years, may be fined up to $3,000.c. Third or subsequent offense of any duration, may be fined up to $3,000.7. Failure to Meet Generally Accepted Standards for Infection Control- each day a violation continues or occurs may be considered a separate violation for the purpose of imposing a fine under this categorya. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.8. False Advertising a. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.9. Failure to Respond in an Honest, Materially Responsive, and Timely Manner to a Complaint a. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.10. Failure to Maintain Professional Liability Insurancea. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.11. Violation of the Practice Ownership Lawsa. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.12. Aiding and Abetting the Unlicensed Practice of Dentistry, Dental Therapy, or Dental Hygiene a. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.13. Failure to Comply with a Board Order or Subpoenaa. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.14. Other Violations a. First offense, may be fined up to $750.b. Second offense, may be fined up to $1,500.c. Third or subsequent offense, may be fined up to $3,000.D. A fine is subject to an additional surcharge imposed by the Executive Director of the Department of Regulatory Agencies (DORA), pursuant to section 24-34-108, C.R.S.Adopted January 22, 2015, Effective March 30, 2015; Amended January 20, 2016, Effective March 16, 2016; Amended April 28, 2016, Effective June 30, 2016; Amended November 5, 2020; Effective December 30, 2020; Amended November 4, 2021; Effective December 30, 2021; Amended November 3, 2022; Effective December 30, 202238 CR 04, February 25, 2015, effective 3/30/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 04, February 25, 2016, effective 3/16/201639 CR 10, May 25, 2016, effective 6/30/201639 CR 16, August 25, 2016, effective 9/14/201641 CR 04, February 25, 2018, effective 3/17/201841 CR 11, June 10, 2018, effective 7/3/201841 CR 14, July 25, 2018, effective 8/14/201842 CR 11, June 10, 2019, effective 6/30/201942 CR 23, December 10, 2019, effective 1/1/202044 CR 11, June 10, 2021, effective 6/30/202144 CR 16, August 25, 2021, effective 9/14/202144 CR 23, December 10, 2021, effective 12/30/202145 CR 21, November 10, 2022, effective 10/4/202245 CR 23, December 10, 2022, effective 12/10/202245 CR 23, December 10, 2022, effective 12/30/2022