C.R.S. Section 12-220-209
Professional review committees

  • immunity


Intentionally left blank —Ed.


A professional review committee may be established pursuant to this section to investigate complaints against a person licensed to practice dentistry under this article 220. If a professional review committee is formed, the committee must include in its membership at least three persons licensed to practice dentistry under this article 220. The committee may be authorized to act only by:


The board; or


A society or an association of persons licensed to practice dentistry under this article 220 whose membership includes not less than one-third of the persons licensed to practice dentistry under this article 220 residing in this state, if the licensee whose services are the subject of review is a member of the society or association.


A professional review committee of a society or an association of persons licensed pursuant to this article 220 shall:


Notify the board within sixty days after the review committee analyzes care provided by a licensee and determines that the care may not meet generally accepted standards or that the licensee has otherwise violated any provision of this article 220. The licensee may be subject to disciplinary action by the board.


Allow the board or its designee to conduct a periodic audit of records of the review committee. A person designated by the board to conduct the audit must be a licensed or retired dentist from any state. The board or its designee shall conduct the audit no more than twice annually. If any pattern of behavior of a licensee is identified that may constitute reasonable grounds to believe there has been a violation of this article 220, all relevant records of the review committee are subject to a subpoena issued by the board.


Intentionally left blank —Ed.


The proceedings and records of a review committee must be held in confidence and are not subject to discovery or introduction into evidence in any civil action against a dentist arising out of the matters that are the subject of evaluation and review by the committee. However, records of closed proceedings and investigations are available to the particular licensee under review and the complainant involved in the proceedings.


A person who was in attendance at a meeting of the committee shall not be permitted or required to testify in any civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or any members of the committee. However, information, documents, or records otherwise available from original sources are not protected from discovery or use in a civil action merely because they were presented during proceedings of the committee, and any documents or records that have been presented to the review committee by any witness must be returned to the witness, if requested by the witness or if ordered to be produced by a court in any action, with copies to be retained by the committee at its discretion.


Any person who testifies before the committee or who is a member of the committee is not prevented from testifying as to matters within the person’s knowledge, but the person may not be asked about the person’s testimony before the committee or opinions the person formed as a result of the committee hearings.


Any member of a professional review committee authorized by the board, any member of a professional review committee’s staff, any witness or consultant appearing or testifying before the professional review committee, and any person who lodges a complaint pursuant to this article 220 is granted the same immunity and is subject to the same conditions for immunity as specified in section 12-20-402. The immunity provided by this subsection (2) extends to the members of an authorized professional review committee of a society or an association of persons licensed pursuant to this article 220 and witnesses or consultants appearing before the committee if the committee is authorized to act as provided in subsection (1)(a)(II) of this section.

Source: Section 12-220-209 — Professional review committees - immunity, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

Short title
Legislative declaration
Applicability of common provisions
Definitions - rules
Colorado dental board - qualifications of board members - quorum - panel - rules - review of functions - repeal of article - repeal
Powers and duties of board - rules - limitation on authority
Indebtedness - appropriations - publications
Attorney general shall represent board and members
Grounds for disciplinary action - definition
Disciplinary actions - rules
Disciplinary proceedings
Board panels
Cease-and-desist orders
Mental and physical examinations
Confidential agreement to limit practice
Review of board action
Professional review committees - immunity
Use or sale of forged or invalid diploma, license, license renewal certificate, or identification
Unauthorized practice - penalties
Soliciting or advertisements by unlicensed persons
Persons entitled to practice dentistry, dental therapy, or dental hygiene
Persons exempt from operation of this article
Ownership of dental or dental hygiene practice - information to be posted - heir to serve as temporary proprietor - limitations - definitions
Names and status under which dental practice may be conducted
What constitutes practicing dentistry - authority to electronically prescribe
Dentists may prescribe drugs - surgical operations - anesthesia - limits on prescriptions
Professional liability insurance required - rules
Continuing education requirements - rules
Independent advertising or marketing agent - injunctive proceedings
Dentist peer health assistance program - fees - rules
Application for dentist license - fee
Dentist academic license
Examination - how conducted - dentist license issued to successful applicants
Dentist - licensure by endorsement
Application for dental hygienist license - fee
Dental hygienist examinations - license
Dental hygienist - licensure by endorsement
Application for dental therapist license - fee - rules
Dental therapist examinations - license
Renewal of dental and dental hygienist licenses - fees - questionnaire
Inactive dental, dental therapist, or dental hygienist license
Retired dental, dental therapist, and dental hygienist licenses
Anesthesia and sedation permits - dentists, dental therapists, and dental hygienists - training and experience requirements - office inspections - rules
Change of address - duplicate licenses and certificates
Tasks authorized to be performed by dental therapists, dental hygienists, or dental assistants - rules
Construction of dental devices by unlicensed technician
What constitutes practicing unsupervised dental hygiene - rules
What constitutes practicing supervised dental hygiene
Interim therapeutic restorations by dental hygienists - permitting process - rules - subject to review
Dental hygienist peer health assistance program - fees - rules
Practice of dental therapy supervision requirement - rules
Legislative declaration
Minimum standards - rules - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 12-220-209’s source at colorado​.gov