3 Colo. Code Regs. § 709-1.6

Current through Register Vol. 47, No. 22, November 25, 2024

Section 3 CCR 709-1.6 - Licensure of Dentists, Dental Therapists, and Dental Hygienists

This Rule is promulgated pursuant to sections 12-20-202(3), 12-20-204, 12-220-105(3), 12-220-106, 12-220-407.2, and 12-220-407.5, C.R.S.

A. General Requirements for Licensees and Applicants

1. Any person who practices or offers or attempts to practice dentistry, dental therapy, or dental hygiene without an active license issued under the Dental Practice Act and in accordance with Board Rules commits a class 2 misdemeanor for the first offense and a class 6 felony for the second or any subsequent offense.

2. Any notification by the Board to a licensee or applicant, required or permitted under section 12-220-101et seq., C.R.S., or the State Administrative Procedure Act, section 24-4-101et seq., C.R.S., shall be served personally, by first class mail, or by electronic mail to the last address of record provided in writing to the Board. Service by electronic mail shall be deemed sufficient and proper upon a licensee or applicant.

3. Pursuant to section 12-280-403(2), C.R.S., dentists who hold a current registration issued by the federal drug enforcement administration shall register and maintain a user account with the electronic prescription drug monitoring program created in part 4 of article 280 of title 12.

Licensees

4. If a dentist or dental hygienist who holds an active license, including an academic license, is arrested for a drug or alcohol related offense, the dentist or dental hygienist shall refer himself/herself to the Board's peer health assistance program within thirty days after the arrest for an evaluation and referral for treatment as necessary. If the dentist or dental hygienist self refers, the evaluation by the program is confidential and cannot be used as evidence in any proceedings other than before the Board.

5. Change of name and address

a. A licensee shall inform the Board in clear, explicit, and unambiguous written statement of any name, business address, electronic mail address, or preferred physical mailing address change within thirty days of the change. The Board will not change the licensee's information without explicit written notification from the licensee. Notification by fax or email is acceptable. A licensee may update the licensee's address(es) online electronically through the Division of Professions and Occupations.

(1) A licensee is required to keep all business addresses up-to-date.

(2) The Division of Professions and Occupations maintains one physical mailing address and electronic mail address for each licensee, regardless of the number of different professional licenses the licensee may hold.

(3) All communication from the Board to a licensee will be to the physical mailing address or the electronic mail address maintained with the Division of Professions and Occupations.

b. The Board requires one of the following forms of documentation to change a licensee's name or correct a social security number or individual taxpayer identification number:

(1) Marriage license;

(2) Divorce decree;

(3) Court order;

(4) Documentation from the Internal Revenue Service verifying the licensee's valid individual taxpayer identification number, or

(5) A driver's license or social security card with a second form of identification may be acceptable at the discretion of the Division of Professions and Occupations.

6. A licensed dentist, including one issued an academic license, a dental therapist, or dental hygienist is required to renew the license to practice dentistry, dental therapy, or dental hygiene in Colorado every two years and submit the applicable renewal fee. This includes renewing to an active, inactive, or retired status. A dentist issued an academic license is not eligible for retired or inactive status.

7. A dentist, dental therapist, or dental hygienist in retired status may provide dental services on a voluntary basis to the indigent, if such services are provided on a limited basis and no fee is charged by the dentist or dental hygienist.

8. A dentist, dental therapist, or dental hygienist in inactive status shall not provide dental, dental therapy, or dental hygiene services in this state while the license to practice dentistry, dental therapy, or dental hygiene in Colorado is inactive.

9. A dentist, dental therapist, or dental hygienist with an expired license shall not provide dental, dental therapy, or dental hygiene services in this state while the license to practice dentistry, dental therapy, or dental hygiene in Colorado is expired.

Applicants

10. A foreign-trained dentist is required to complete a program in clinical dentistry and obtain a doctorate of dental surgery or a doctorate of dental medicine from a dental school approved by the Commission on Dental Accreditation (CODA) in order to be eligible for licensure in this state. The only exception is if a foreign-trained dentist satisfies the requirements for an academic license.

11. Under section 12-20-404(3)(a)(I), C.R.S., any person whose license to practice is revoked is ineligible to apply for any license under the Dental Practice Act for at least two years after the date of revocation of the license. Any subsequent application for licensure is an application for an original license.

12. It is unlawful for any person to file with the Board a forged document or credentials of another person as part of an application for licensure.

13. All documents required as part of a licensure application, except for license renewal, must be received within one year of the date of receipt of application. An application is incomplete until the Board receives all additional information requested or required to determine whether to grant or deny the application. If all required information is not submitted within the one year period, then the original application materials will be destroyed and the applicant will be required to submit a new application, fee, and all required documentation.

14. The Board may deny an application for licensure upon a finding that the applicant has violated any provisions of the Dental Practice Act and Board Rules.

15. An applicant for licensure may not begin practicing as a dentist, dental therapist, or dental hygienist in this state until the applicant has been issued an active license number, this includes an application to reinstate an expired license or reactivate an inactive license which will require that license number to be activated again before active practice may resume.

16. A dentist applying for a license must be at least twenty-one years of age.

17. Education, training, or service gained in military services outlined in section 12-20-202(4), C.R.S., to be accepted and applied towards receiving a license, must be equivalent, as determined by the Board, to the qualifications otherwise applicable at the time of receipt of application. It is the applicant's responsibility to provide timely and complete evidence for review and consideration. Satisfactory evidence of such education, training, or service will be assessed on a case-by-case basis.

18. Licensure and Regulation of Military Spouses.

a. Licensure of Military Spouses is governed by section 12-20-202(3)(f), C.R.S.

b. Regulation of the Military Spouse temporary licensure to practice dentistry, dental therapy, and dental hygiene is governed by the Dental Practice Act.

B. Original Licensure for Dentists

1. Each applicant shall submit a completed Board approved application along with the required fee in order to be considered for licensure approval and must also verify that the applicant:

a. Graduated with a DDS or DMD degree from an accredited dental school or college, which at the time of the applicant's graduation was accredited by the Commission on Dental Accreditation as evidenced by an official transcript of credits with the date of graduation and degree obtained;

b. Successfully passed the examination administered by the Joint Commission on National Dental Examinations; and

c. Successfully passed 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/or portfolio models.

2. Each applicant must verify that the applicant:

a. Obtained or will obtain prior to practicing as a licensed dentist in this state commercial professional liability insurance coverage with an insurance company authorized to do business in Colorado pursuant to Article 5 of Title 10, C.R.S., in a minimum indemnity amount of $500,000 per incident and $1,500,000 annual aggregate per year, or is covered under a financial responsibility exemption listed in Rule 1.5 .

(1) For the purpose of this rule, the term "licensed" includes temporary and permanent licensure

c. Accurately and completely provided any and all information pertaining to any final or pending disciplinary action by any state or jurisdiction in which the applicant is or has been previously licensed and provided a written explanation of the circumstances of such action(s) and what steps have been taken to remediate the action(s), omission(s), or discipline that led to the final disciplinary action(s), including supporting documentation.

d. Accurately and completely provided any and all information pertaining to any pending or final malpractice actions against the applicant, verified by the applicant's malpractice insurance carrier(s) and provided a written explanation of the circumstances of such action(s) and what steps have been taken to remediate the action(s) that led to the settlement(s), including supporting documentation. The applicant must request a verification of coverage history for the past ten years from the applicant's current and all previous malpractice insurance carriers. Any settlement or final judgment during the applicant's practice history must be reported.

3. Demonstrates current clinical competency and professional ability through at least one of the following:

a. Graduated within the twelve months immediately preceding the date the application is received with a DDS or DMD degree from an accredited dental school or college, which at the time of the applicant's graduation was accredited by the Commission on Dental Accreditation.

b. Engaged in the active clinical practice of dentistry for at least one year of the five years immediately preceding the date the application is received. Experience from postgraduate training, residency programs, internships, or research during this time will be evaluated on a case-by-case basis.

c. Engaged in teaching dentistry in an accredited program for at least one year of the five years immediately preceding the date the application is received.

d. Engaged in service as a dentist in the military for at least one year of the five years immediately preceding the date the application is received.

e. Passed a Board approved clinical examination within one year of the date the application is received.

f. Successfully completed a Board approved evaluation by a Commission on Dental Accreditation accredited institution or another Board approved entity within one year of the date the application is received, which demonstrates the applicant's proficiency as equivalent to the current school graduate. Before undertaking such evaluation, an applicant must submit a proposed evaluation for pre-approval by the Board. The Board may reject an evaluation whose proposal it has not pre-approved or for other good cause.

g. If a dentist with a revoked license, a license suspended for two or more years, or any other disciplined license preventing him/her from actively practicing for two or more years in Colorado, another state/jurisdiction, or country is applying for a license, then the Board may require him/her to comply with more than one of the above competency requirements.

h. In addition to the requirements above, the Board may, in its discretion, apply one or more of the following towards demonstration of current clinical competency, except as to applicants described in section (B)(3)(g) of this Rule.

(1) Practice under a probationary or otherwise restricted license for a specified period of time;

(2) Successful completion of courses approved by the Board; or

(3) Any other professional standard or measure of continued competency as determined by the Board.

C. Dentist Licensure by Endorsement through the Occupational Credential Portability Program

1. In order to be qualified for licensure by endorsement through the Occupational Credential Portability Program pursuant to section 12-20-202(3), C.R.S., the applicant shall submit a completed Board approved application along with the required fee and verify that the applicant holds an active license to practice dentistry in good standing in another state or United States territory or through the federal government, or holds a military occupational specialty, as defined in section 24-4-201, C.R.S.

2. In order to be granted licensure through endorsement, the applicant must meet the requirements listed under section (B)(1) of this Rule.

3 An applicant for endorsement must verify, as part of the application, fulfillment of the requirements listed under section (B)(2) of this Rule.

4 An applicant for endorsement must demonstrate current clinical competency and professional ability through at least one of the following:

a. Engaged in the active practice of clinical dentistry under a current and valid license for a minimum of one year in another jurisdiction with a scope of practice substantially similar to the scope of practice as specified in the Dental Practice Act and these Rules. Calculations will be based on the first full month prior to receipt of the application. Experience from postgraduate training, residency programs, internships, or research will be evaluated on a case-by-case basis.

b. Engaged in teaching dentistry, which involves personally providing care to patients for not less than 300 hours annually in an accredited dental school for a minimum of five years out of the seven years immediately preceding the date the application was received. Calculations will be based on the first full month prior to receipt of the application.

c. For the dentists practicing in the military, a report from a senior officer with a recommendation and verification of clinical experience comparable to the requirement in section (C)(4)(a) of this Rule.

d. Passed a Board approved clinical examination within one year of the date the application is received.

e. Successfully completed a Board approved evaluation by a Commission on Dental Accreditation accredited institution or another Board approved entity within one year of the date the application is received, which demonstrates the applicant's proficiency as equivalent to the current school graduate. Before undertaking such evaluation, an applicant must submit a proposed evaluation for pre-approval by the Board. The Board may reject an evaluation whose proposal it has not pre-approved or for other good cause.

f. The Board may also apply one or more of the following towards demonstration of current clinical competency:

(1) Practice under a probationary or otherwise restricted license for a specified period of time;

(2) Successful completion of courses approved by the Board; or

(3) Any other professional standard or measure of continued competency as determined by the Board.

g. The Board may deny a license if, after notice and opportunity for a hearing, the Board demonstrates by a preponderance of the evidence that the applicant:

(1) Lacks the requisite substantially equivalent education, experience, or credentials to practice dentistry in the state as provided under section (B) of this Rule; or

(2) Has committed an act that would be grounds for disciplinary action under the Dental Practice Act and these Rules.

D. Academic License

1. A dentist who is employed at an accredited school or college of dentistry in this state and who practices dentistry in the course of the dentist's employment responsibilities and is applying for an academic license shall submit with the application and fee the following credentials and qualifications for review and approval by the Board:

a. Proof of graduation with a DDS or DMD degree or equivalent from a school of dentistry located in the United States or another country.

b. Evidence of the applicant's employment by an accredited school or college of dentistry in this state; actual practice is to commence only once licensure has been granted.

2. An applicant for an academic license shall satisfy the credentialing standards of the accredited school or college of dentistry that employs the applicant.

3. Pursuant to section 12-220-402(4), C.R.S., an academic license shall authorize the licensee to practice dentistry only while engaged in the performance of official duties as an employee of the accredited school or college of dentistry and only in connection with programs affiliated or endorsed by the school or college. A dentist issued an academic license may not use it to practice dentistry outside of the licensee's academic responsibilities.

4. A dentist with an academic license is subject to discipline pursuant to sections 12-30-108, 12-220-201, 12-220-202, 12-220-203, 12-220-205, 12-220-206, and 12-220-207, C.R.S.

E. Original Licensure for Dental Therapists

1. Each applicant shall submit a completed Board approved application along with the required fee in order to be considered for licensure approval and must also verify that the applicant:

a. Graduated from a school of dental therapy that, at the time of the applicant's graduation, was accredited by the Commission on Dental Accreditation (CODA) or was developed prior to February 6, 2015, and at the time of graduation was accredited by the Minnesota Board of Dentistry or certified by the Alaska Community Health Aide Program Certification Board. An official school transcript of credits with the date of graduation and degree obtained shall be deemed sufficient evidence;

b. Successfully completed clinical examinations

(1) For dental hygiene clinical skills as required by section 12-220-407.5(1), C.R.S., except that a successfully completed prior examination that meets standards for dental hygienist licensure should be allowed to fulfill this requirement for licensing purposes; and

(2) For dental therapy, including restorative skills, as required by section 12-220-407.5(1), C.R.S.

2. Each applicant will also be required to verify that the applicant:

a. Obtained or will obtain prior to practicing as a licensed dental therapist in this state commercial professional liability insurance coverage with an insurance company authorized to do business in Colorado pursuant to Article 5 of Title 10, C.R.S., in a minimum indemnity amount of $500,000 per incident and $1,500,000 annual aggregate per year, or is covered under a financial responsibility exemption listed in Rule 1.5.

(1) For the purpose of this rule, the term "licensed" includes temporary and permanent licensure.

d. Accurately and completely provided any and all information pertaining to any pending or final malpractice actions against the applicant, verified by the applicant's malpractice insurance carrier(s) and provided a written explanation of the circumstances of such action(s) and what steps have been taken to remediate the practice that led to the settlement(s), including supporting documentation. The applicant must request a verification of coverage history for the past ten years from the applicant's current and all previous malpractice insurance carriers. Any settlement or final judgment during the applicant's practice history must be reported.

3. Demonstrates current clinical competency and professional ability through at least one of the following:

a. Graduated within the twelve months immediately preceding the date the application was received from an academic program of dental therapy that, at the time of the applicant's graduation, was accredited by the Commission on Dental Accreditation or was developed prior to February 6, 2015, and at the time of graduation was accredited by the Minnesota Board of Dentistry or certified by the Alaska Community Health Aide Program Certification Board.

b. Engaged in the active clinical practice of dental therapy for a minimum of 300 hours per year, for at least one year of the five years immediately preceding the date the application is received.

c. Engaged in teaching dental therapy in an academic program that was accredited by the Commission on Dental Accreditation or was developed prior to February 6, 2015, and at the time of graduation was accredited by the Minnesota Board of Dentistry or certified by the Alaska Community Health Aide Program Certification Board, for at least one year of the five years immediately preceding the date the application is received.

d. Engaged in service as a licensed dental therapist in the military for at least one year of the five years immediately preceding the date the application is received.

e. Passed a Board approved regional or state clinical examination within one year of the date the application is received.

g. If a dental therapist with a revoked license, a license suspended for two or more years, or any other disciplined license preventing him/her from actively practicing for two or more years in Colorado, another state/jurisdiction, or country is applying for a license, then the Board may require him/her to comply with more than one of the above competency requirements.

h. The Board may, in its discretion, apply one or more of the following towards demonstration of current clinical competency (cannot be considered in lieu of the requirements of section (E)(3)(g) of this Rule, but may be considered as an additional requirement by the Board):

(1) Practice under a probationary or otherwise restricted license for a specified period of time;

(2) Successful completion of courses approved by the Board; or

(3) Any other professional standard or measure of continued competency as determined by the Board.

F. Original Licensure for Dental Hygienists

1. Each applicant shall submit a completed Board approved application along with the required fee in order to be considered for licensure approval and must also verify that the applicant:

a. Graduated from a school of dental hygiene that, at the time of the applicant's graduation, was approved by the Commission on Dental Accreditation (CODA), and proof that the program offered by the accredited school of dental hygiene was at least two academic years or the equivalent of two academic years. An official school transcript of credits with the date of graduation and degree obtained shall be deemed sufficient evidence;

b. Successfully passed the examination administered by the Joint Commission on National Dental Examinations; and

c. Successfully completed an examination designed to test the applicant's clinical skills and knowledge administered by a regional testing agency composed of at least four states or an examination of another state.

2. Each applicant will also be required to verify that the applicant:

a. Obtained or will obtain prior to practicing as a licensed dental hygienist in this state professional liability insurance in the amount of not less than $50,000 per claim and an aggregate liability for all claims during a calendar year of not less than $300,000, or is covered under a financial responsibility exemption listed in Rule 1.5. Coverage may be maintained by the dental hygienist or through a supervising licensed dentist;

(1) For the purpose of this rule, the term "licensed" includes temporary and permanent licensure.

d. Accurately and completely provided any and all information pertaining to any pending or final malpractice actions against the applicant, verified by the applicant's malpractice insurance carrier(s) and provided a written explanation of the circumstances of such action(s) and what steps have been taken to remediate the practice that led to the settlement(s), including supporting documentation. The applicant must request a verification of coverage history for the past ten years from the applicant's current and all previous malpractice insurance carriers. Any settlement or final judgment during the applicant's practice history must be reported.

3. Demonstrates current clinical competency and professional ability through at least one of the following:

a. Graduated within the twelve months immediately preceding the date the application was received from an academic program of dental hygiene that, at the time of the applicant's graduation, was accredited by the Commission on Dental Accreditation and which was at least two academic years or the equivalent of two academic years.

b. Engaged in the active clinical practice of dental hygiene for a minimum of 300 hours per year, for at least one year of the three years immediately preceding the date the application is received.

c. Engaged in teaching dental hygiene or dentistry in an academic program that was accredited by the Commission on Dental Accreditation for at least one year of the five years immediately preceding the date the application is received.

d. Engaged in service as a licensed dental hygienist in the military for at least one year of the five years immediately preceding the date the application is received.

e. Passed a Board approved regional or state clinical examination within one year of the date the application is received.

g. If a dental hygienist with a revoked license, a license suspended for two or more years, or any other disciplined license preventing him/her from actively practicing for two or more years in Colorado, another state/jurisdiction, or country is applying for a license, then the Board may require him/her to comply with more than one of the above competency requirements.

(1) Practice under a probationary or otherwise restricted license for a specified period of time;

(2) Successful completion of courses approved by the Board; or

(3) Any other professional standard or measure of continued competency as determined by the Board.

G. Dental Hygienists Licensure by Endorsement through the Occupational Credential Portability Program

1. In order to be qualified for licensure by endorsement through the Occupational Credential Portability Program pursuant to section 12-20-202(3), C.R.S., an applicant shall submit a completed Board approved application along with the required fee and verify that the applicant holds an active license to practice dental hygiene in good standing in another state or United States territory.

2. In order to be granted licensure through endorsement, the applicant must meet the requirements listed under section (F)(1) of this Rule.

3. An applicant for endorsement must verify, as part of the application, fulfillment of the requirements listed under section (F)(2) of this Rule.

4. The applicant must disclose the existence of any dental hygiene or other health care license previously held or currently held in any other state or jurisdiction, including dates and status.

5. An applicant for endorsement must demonstrate current clinical competency and professional ability through at least one of the following:

a. Engaged in the active practice of clinical dental hygiene in the U.S. or one of its territories or Canada for a minimum of 300 hours per year, for a minimum of one year out of three years immediately preceding the date the application was received. Calculations will be based on the first full month prior to receipt of the application.

b. Engaged in teaching dental hygiene or dentistry, which involves personally providing care to patients for not less than 300 hours annually in an accredited program for a minimum of one year out of the three years immediately preceding the date the application was received. Calculations will be based on the first full month prior to receipt of the application.

c. For the licensed dental hygienists practicing in the military, a report from a senior officer with a recommendation and verification of clinical experience comparable to the requirement in section (G)(5)(a) of this Rule.

d. Passed a Board approved regional or state clinical examination within one year of the date the application is received.

e. Successfully completed a Board approved evaluation by a Commission on Dental Accreditation approved institution or another Board approved entity within one year of the date the application is received, which demonstrates the applicant's proficiency as equivalent to the current school graduate. Before undertaking such evaluation, an applicant must submit a proposed evaluation for pre-approval by the Board. The Board may reject an evaluation whose proposal it has not pre-approved or for other good cause.

f. The Board may also apply one or more of the following towards demonstration of current clinical competency:

(1) Practice under a probationary or otherwise restricted license for a specified period of time;

(2) Successful completion of courses approved by the Board; or

(3) Any other professional standard or measure of continued competency as determined by the Board.

H. Continuing Education Requirements for Dentists, Dentists Issued an Academic License, Dental Therapists and Dental Hygienists

1. Every licensee with an active license in Colorado is required to complete thirty hours of Board approved continuing education during the two years preceding the next renewal period to ensure patient safety and professional competency, pursuant to section 12-220-308, C.R.S. Continuing education hours may only be applied to the renewal period in which they were completed.

2. This requirement does not apply to a licensee placing the licensee's license into inactive or retired status, or renewing such status. It only applies if renewing a license in active status, or reinstating or reactivating a license pursuant to section (H)(3) of this Rule.

3. A licensee with an expired license of less than two years or who has inactivated the license for less than two years is required to submit proof of having completed the required thirty hours of continuing education credit for the previous renewal period prior to reinstating/reactivating the licensee's license and may not apply those hours to the next renewal period.

4. If a license is issued within one year of a renewal date, no continuing education will be required for that first renewal period. If a license is issued outside of one year of a renewal date, then fifteen hours of Board approved continuing education will be required for that first renewal period.

5. For dentists, including those issued an academic license, as well as dental therapists, the Board automatically accepts any course or program recognized by any of the following organizations (or a successor organization):

a. American Dental Association (ADA) Continuing Education Recognition Program (CERP);

b. Academy of General Dentistry (AGD) Program Approval for Continuing Education (PACE);

c. American Medical Association (AMA) Physician Recognition Award (PRA) and credit system as Category 1 Credit; or

d. Commission on Dental Accreditation (CODA) accredited institutions.

6. For dental hygienists, the Board automatically accepts any course recognized in section (H)(5) of this Rule and sponsored or recognized by (or a successor organization):

a. The American Dental Hygienists' Association (ADHA) and its constituents and component societies; or

b. Local, state, regional, national, or international dental, dental hygiene, dental assisting, medical related professional organization, or study group that has a sound scientific basis, proven efficacy, and ensures public safety.

7. Current Basic Life Support (BLS) for healthcare providers is required of all licensees and all licensees will receive a maximum of two hours continuing education credit (not to be applied towards renewal of an anesthesia permit) for successful completion.

a. Basic Life Support, or BLS, generally refers to the type of care that first-responders, healthcare providers and public safety professionals provide to anyone who is experiencing cardiac arrest, respiratory distress or an obstructed airway. It requires knowledge and skills in cardiopulmonary resuscitation (CPR), using automated external defibrillators (AED) and relieving airway obstructions in patients of every age.

b. BLS training courses shall be consistent with the most current science and treatment recommendations from the International Liaison Committee on Resuscitation (ILCOR). Consensus on Science and Treatment Recommendations (CoSTR), and the American Heart Association Guidelines for CPR and Emergency Cardiovascular Care (ECC).

(1) Initial training shall include a minimum of three hours of training, including skills practice and skills testing.

(2) Renewal courses shall include a minimum of two hours of training, including skills practice and testing.

8. At least sixteen of the required thirty hours must be clinical or science based, or eight of the required fifteen if section (H)(4) of this Rule applies.

9. At least fifty percent of the required hours must be live and interactive.

10. A presenter of courses may submit course hours presented, up to six total credits, towards the continuing education requirement. The presenter may receive credit one time for each course presented in a renewal period, up to six total credits for that renewal period.

11. A dentist renewing an anesthesia or sedation permit may apply continuing education credits specific to renewing the dentist's permit for anesthesia or sedation administration (seventeen hours every five years) to the thirty hours required to renew a license every two years. Anesthesia related hours may only be applied to the renewal period in which they were completed.

12. At the conclusion of each renewal period, licensees may be subject to a Board audit to verify compliance with continuing education requirements. Licensees shall assist the Board in its audit by providing timely and complete responses to the Board's inquiries.

13. A licensee must maintain copies of all completed Board approved coursework, including any certificates of completion, for at least two renewal periods after the continuing education was completed. The records shall document the licensee's course attendance and participation, and shall include at a minimum course sponsor, title, date(s), hours, and the course verification of completion certificate or form. Failure to meet this requirement may result in credit not being accepted for a course or courses, which may result in violation of the continuing education requirements of section 12-220-308, C.R.S., and this Rule 1.6.

14. Failure to comply with the requirements of this Rule is grounds for discipline, pursuant to section 12-220-201(1)(i), C.R.S.

15. The Board may excuse a licensee from all or any part of the requirements of this Rule or grant an extension because of an unusual circumstance, emergency, special hardship, or military service. The licensee may apply for a waiver or an extension by submitting a written request, including supporting documentation for Board consideration at least forty-five days before the renewal date.

16. Continuing education required as a condition of a disciplinary action cannot be applied towards the renewal requirements of a license or anesthesia/sedation permit.

I. Reinstatement/Reactivation Requirements for Dentists, Dental Therapists and Dental Hygienists with Expired, Inactive, or Retired Licenses

1. In order to reinstate or reactivate a license back into active status, each applicant shall submit a completed Board approved application along with the required fee in order to be considered for licensure approval and must also verify that the applicant:

a. Obtained or will obtain prior to active practice in this state professional liability insurance as required pursuant to section 12-220-307, C.R.S., or is covered under a financial responsibility exemption listed in Rule 1.5.

b. Accurately and completely listed any acts that would be grounds for disciplinary action under the Dental Practice Act and provided a written explanation of the circumstances of such act(s) and what steps have been taken to remediate the act(s), omission(s), or discipline, including supporting documentation since last renewing the license to practice dentistry, dental therapy, or dental hygiene to an active, retired, or inactive status in this state.

c. Accurately and completely provided any and all information pertaining to any final or pending disciplinary action by any state or jurisdiction in which the applicant is or has been previously licensed since last renewing his/her license to an active, retired, or inactive status in this state and provided a written explanation of the circumstances of such action(s) and what steps have been taken to remediate the action(s), omission(s), or discipline that led to the final disciplinary action(s), including supporting documentation.

d. Accurately and completely provided any and all information pertaining to any pending or final malpractice actions against the applicant, verified by the applicant's malpractice insurance carrier(s) since last renewing the license to practice dentistry, dental therapy, or dental hygiene to an active, retired, or inactive status in this state and provided a written explanation of the circumstances of such action(s) and what steps have been taken to remediate the practice that led to the settlement(s), including supporting documentation.

2. If the license has been expired, retired, or inactive for two or more years, then an applicant is required to demonstrate continued clinical competency. An applicant who applies for an active license and has not practiced at least 300 hours in a twelve-month period during the five years immediately preceding the application for reinstatement/reactivation to an active status must demonstrate to the Board how the applicant has maintained professional ability, knowledge, and skills. The Board may request documentation of the 300 hours for a twelve-month period or may accept the following qualifications as fulfillment of the practice requirement, which will be reviewed on a case-by-case basis:

a. Time spent in postgraduate training, residency programs, or an internship.

b. Time spent in research and in teaching in an accredited program.

c. Time spent practicing in the military or public health service. For licensed dentists and dental hygienists practicing in the military, a report from a senior officer with a recommendation and verification of clinical experience may be accepted.

d. Passed a Board approved clinical examination within one year of the date the application is received.

f. The Board may also consider applying one or more of the following towards demonstration of current clinical competency (cannot be considered in lieu of the competency requirements above if the licensee has not practiced in over two years due to a disciplinary action, but may be considered as an additional requirement by the Board):

(1) Practice under a probationary or otherwise restricted license for a specified period of time;

(2) Successful completion of courses approved by the Board; or

(3) Any other professional standard or measure of continued competency as determined by the Board.

J. Temporary Licenses

1. By invitation only:

a. A dentist, dental therapist or dental hygienist who lawfully practices dentistry or dental hygiene in another state or United States territory may be granted a temporary license to practice dentistry, dental therapy, or dental hygiene in this state pursuant to section 12-220-106(1)(d), C.R.S., if:

(1) Such dentist, dental therapist, or dental hygienist has been invited by a program provided through a lawful agency of Colorado local, county, state, or federal government or a Colorado non-profit tax exempt organized under section 501(c)(3) of the federal "Internal Revenue Code of 1986," as amended to provide dental, dental therapy, or dental hygiene services to persons identified through such program;

(2) The governmental entity or nonprofit private foundation as defined in section (J)(1)(a)(1) of this Rule certifies the name of the applicant and the dates within which the applicant has been invited to provide dental, dental therapy, or dental hygiene services in this state, the applicant's full dental, dental therapy, or dental hygiene license history with verification of licensure in each state, and an active license in at least one state on a form provided by the Board; and

(3) Such applicant's practice in this state, if granted by the Board, is limited to that required by the entities specified in section (I)(1)(a)(1) and (2) of this Rule and shall not exceed 120 consecutive days in a twelve-month period, renewable once in a one year period for a maximum of 240 consecutive days in a one year period.

(4) Dental therapists practicing on a temporary license must be directly supervised by a licensed dentist with an active license in good standing and consistent with the supervision requirements in section 12-220-508(3), C.R.S.

b. A temporary licensee shall provide dental, dental therapy or dental hygiene services only to persons identified through an entity as described in section (I)(1)(a)(1) of this Rule and will not accept any compensation above what the temporary licensee has agreed to be paid by the entity.

2. The Board may also issue a temporary license to an applicant for licensure to demonstrate clinical competency in compliance with sections (B)(3)(f), (C)(4)(e), (E)(3)(f), (F)(3)(f), (G)(5)(e), and (I)(2)(e) under direct supervision of a licensed dentist, dental therapist or dental hygienist. A provider who supervises a temporary licensee for purposes of demonstrating clinical competency must have a license with a scope of practice that meets or exceeds that of the licensee being supervised.

3. A temporary licensee may be subject to discipline by the Board as defined in 12-220-201, C.R.S., et seq., and shall be subject to the professional liability insurance requirement as defined in section 12-220-307, C.R.S.

K. Substance Use Prevention Training for License Renewal, Reactivation, or Reinstatement

1. Pursuant to section 12-30-114, C.R.S., every dentist, including every academic dentist, is required to complete at least one hour of training per renewal period in order to demonstrate competency regarding at least one of the topics/areas specified in section 12-30-114(1)(a), C.R.S.

2. Training, for the purposes of this section includes, but is not limited to, relevant continuing education courses; self-study of relevant scholarly articles or relevant policies/guidelines; peer review proceedings that involve opioid prescribing; attendance at a relevant conference (or portion of a conference); teaching a relevant class/course; or participation in a relevant presentation, such as with your practice. All such training must cover or be related to the topics specified in section 12-30-114(1)(a), C.R.S.

3. The Board shall exempt a dentist from the requirements of this section who qualifies for either exemption set forth in section 12-30-114(1)(b), C.R.S.

4. This section shall apply to any applicant for renewal, reinstatement, or reactivation of an active, expired or inactive license.

5. Applicants for license renewal, reactivation, or reinstatement shall attest during the application process to either their compliance with this substance use training requirement or their qualifying for an exemption, as specified in section (K)(3) of this Rule.

6. The Board may audit compliance with this section. Dentists should be prepared to submit documentation of their compliance with this substance use training requirement or their qualification for an exemption, upon request by the Board.

7. Subject to the approval of the Board, completed substance use prevention training hours that also meet the requirements for continuing education, as specified in section (H) of this Rule, may be applied towards the minimum continuing education hours required in section (H) of this Rule.

3 CCR 709-1.6

Amended and Re-numbered November 5, 2020; Effective December 30, 2020; Amended November 4, 2021; Effective December 30, 2021; Amended November 3, 2022; Effective December 30, 2022

38 CR 04, February 25, 2015, effective 3/30/2015

38 CR 11, June 10, 2015, effective 6/30/2015

39 CR 04, February 25, 2016, effective 3/16/2016

39 CR 10, May 25, 2016, effective 6/30/2016

39 CR 16, August 25, 2016, effective 9/14/2016

41 CR 04, February 25, 2018, effective 3/17/2018

41 CR 11, June 10, 2018, effective 7/3/2018

41 CR 14, July 25, 2018, effective 8/14/2018

42 CR 11, June 10, 2019, effective 6/30/2019

42 CR 23, December 10, 2019, effective 1/1/2020

44 CR 11, June 10, 2021, effective 6/30/2021

44 CR 16, August 25, 2021, effective 9/14/2021

44 CR 23, December 10, 2021, effective 12/30/2021

45 CR 21, November 10, 2022, effective 10/4/2022

45 CR 23, December 10, 2022, effective 12/10/2022

45 CR 23, December 10, 2022, effective 12/30/2022