C.R.S. Section 12-220-507
Dental hygienist peer health assistance program

  • fees
  • rules

(1)(a)(I) Effective July 1, 2023, as a condition of licensure in this state, and for the purpose of supporting a dental hygienist peer health assistance program, every applicant for initial licensure as a dental hygienist or a dental hygienist reinstating or renewing the dental hygienist’s license must pay to the administering entity that has been selected by the department pursuant to subsection (1)(c) of this section an amount not to exceed fifteen dollars per year. The department may adjust this amount on January 1, 2024, and annually thereafter to reflect changes in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all urban consumers or goods, or its successor index; except that the amount must not exceed twenty-five dollars per year.

(II)

The administering entity shall use the money collected pursuant to this subsection (1)(a) to administer a peer health assistance program for dental hygienists, including to support designated providers that the department selects pursuant to subsection (1)(b) of this section to assist dental hygienists with physical, emotional, or psychological problems that may be detrimental to dental hygienists’ ability to practice dental hygiene.

(b)

The department shall select one or more peer health assistance programs as designated providers. To be eligible for designation by the department, a peer health assistance program must:

(I)

Provide for the education of dental hygienists with respect to the recognition and prevention of physical, emotional, and psychological problems and provide for intervention when necessary or under circumstances that may be established by rules promulgated by the board;

(II)

Offer assistance to a dental hygienist in identifying physical, emotional, or psychological problems;

(III)

Evaluate the extent of physical, emotional, or psychological problems and refer the dental hygienist for appropriate treatment;

(IV)

Monitor the status of a dental hygienist who has been referred for treatment;

(V)

Provide counseling and support for a dental hygienist and for the family of any dental hygienist referred for treatment;

(VI)

Agree to receive referrals from the board; and

(VII)

Agree to make its services available to all licensed Colorado dental hygienists.

(c)

The department shall select an administering entity to administer the peer health assistance program. The administering entity must be a qualified, nonprofit foundation that is qualified under section 501 (c)(3) of the federal “Internal Revenue Code of 1986”, as amended, and that is dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to dental hygiene, oral health education, oral health research and science, and other oral health charitable purposes.

(d)

The administering entity shall:

(I)

Collect the required fees, directly or through the board;

(II)

Verify to the board, in a manner acceptable to the board, the names of all dental hygienist applicants who have paid the fee set by the board;

(III)

Distribute the money collected, less expenses, to the designated provider, as directed by the board;

(IV)

Provide an annual accounting to the board of all amounts collected, expenses incurred, and amounts disbursed; and

(V)

Post a surety performance bond in an amount specified by the board to secure performance under the requirements of this section. The administering entity may recover the actual administrative costs incurred in performing its duties under this section in an amount not to exceed ten percent of the total amount of fees collected.

(e)

The department, on behalf of the board, may collect the required fees payable to the administering entity for the benefit of the administering entity and shall transfer the fees to the administering entity. All required fees collected or due to the department on behalf of the board for each state fiscal year are custodial funds that are not subject to appropriation by the general assembly, and the fee revenues do not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution.

(2)

Intentionally left blank —Ed.

(a)

A dental hygienist may self-refer to participate in the peer health assistance program or may be referred by the board.

(b)

Notwithstanding sections 12-220-201 and 24-4-104, the board may immediately suspend the license of any dental hygienist who is referred to a peer health assistance program by the board and who fails to attend or complete the program. If the dental hygienist objects to the suspension, the dental hygienist may submit a written request to the board for a formal hearing on the suspension within ten days after receiving notice of the suspension, and the board shall grant the request. In the hearing, the dental hygienist bears the burden of proving that the dental hygienist’s license should not be suspended.

(c)

Any dental hygienist who is accepted into a peer health assistance program in lieu of disciplinary action by the board shall affirm that, to the best of the dental hygienist’s knowledge, information, and belief, the dental hygienist knows of no instance in which the dental hygienist has violated this article 220 or the rules of the board, except in those instances affected by the dental hygienist’s physical, emotional, or psychological problems.

(3)

If a dental hygienist is arrested for a drug- or alcohol-related offense, the dental hygienist shall self-refer to the peer health assistance program within thirty days after the arrest for an evaluation and referral for treatment as necessary. If the dental hygienist self-refers, the evaluation by the program is confidential and cannot be used as evidence in any proceeding other than before the board. If a dental hygienist fails to comply with this subsection (3), the failure alone is not grounds for discipline under sections 12-220-201 and 12-220-202 unless the dental hygienist has also committed an act or omission specified in section 12-220-201, other than an act or omission specified in section 12-220-201 (1)(e) or (1)(f).

(4)

Nothing in this section creates any liability on behalf of the board or the state of Colorado for the actions of the board members in making grants to peer health assistance programs, and no civil action may be brought or maintained against the board or the state for an injury alleged to have been the result of the activities of any state-funded peer health assistance program or of an act or omission of a dental hygienist participating in or referred by a state-funded peer health assistance program. However, the state remains liable under the “Colorado Governmental Immunity Act”, article 10 of title 24, if an injury alleged to have been the result of an act or omission of a dental hygienist participating in or referred by a state-funded peer health assistance program occurred while the dental hygienist was performing duties as an employee of the state.

(5)

The board may promulgate rules necessary to implement this section.

Source: Section 12-220-507 — Dental hygienist peer health assistance program - fees - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑220‑101
Short title
12‑220‑102
Legislative declaration
12‑220‑103
Applicability of common provisions
12‑220‑104
Definitions - rules
12‑220‑105
Colorado dental board - qualifications of board members - quorum - panel - rules - review of functions - repeal of article - repeal
12‑220‑106
Powers and duties of board - rules - limitation on authority
12‑220‑107
Indebtedness - appropriations - publications
12‑220‑108
Attorney general shall represent board and members
12‑220‑201
Grounds for disciplinary action - definition
12‑220‑202
Disciplinary actions - rules
12‑220‑203
Disciplinary proceedings
12‑220‑204
Board panels
12‑220‑205
Cease-and-desist orders
12‑220‑206
Mental and physical examinations
12‑220‑207
Confidential agreement to limit practice
12‑220‑208
Review of board action
12‑220‑209
Professional review committees - immunity
12‑220‑210
Use or sale of forged or invalid diploma, license, license renewal certificate, or identification
12‑220‑211
Unauthorized practice - penalties
12‑220‑212
Soliciting or advertisements by unlicensed persons
12‑220‑301
Persons entitled to practice dentistry, dental therapy, or dental hygiene
12‑220‑302
Persons exempt from operation of this article
12‑220‑303
Ownership of dental or dental hygiene practice - information to be posted - heir to serve as temporary proprietor - limitations - definitions
12‑220‑304
Names and status under which dental practice may be conducted
12‑220‑305
What constitutes practicing dentistry - authority to electronically prescribe
12‑220‑306
Dentists may prescribe drugs - surgical operations - anesthesia - limits on prescriptions
12‑220‑307
Professional liability insurance required - rules
12‑220‑308
Continuing education requirements - rules
12‑220‑309
Independent advertising or marketing agent - injunctive proceedings
12‑220‑310
Dentist peer health assistance program - fees - rules
12‑220‑401
Application for dentist license - fee
12‑220‑402
Dentist academic license
12‑220‑403
Examination - how conducted - dentist license issued to successful applicants
12‑220‑404
Dentist - licensure by endorsement
12‑220‑405
Application for dental hygienist license - fee
12‑220‑406
Dental hygienist examinations - license
12‑220‑407
Dental hygienist - licensure by endorsement
12‑220‑407.2
Application for dental therapist license - fee - rules
12‑220‑407.5
Dental therapist examinations - license
12‑220‑408
Renewal of dental and dental hygienist licenses - fees - questionnaire
12‑220‑409
Inactive dental, dental therapist, or dental hygienist license
12‑220‑410
Retired dental, dental therapist, and dental hygienist licenses
12‑220‑411
Anesthesia and sedation permits - dentists, dental therapists, and dental hygienists - training and experience requirements - office inspections - rules
12‑220‑412
Change of address - duplicate licenses and certificates
12‑220‑501
Tasks authorized to be performed by dental therapists, dental hygienists, or dental assistants - rules
12‑220‑502
Construction of dental devices by unlicensed technician
12‑220‑503
What constitutes practicing unsupervised dental hygiene - rules
12‑220‑504
What constitutes practicing supervised dental hygiene
12‑220‑505
Interim therapeutic restorations by dental hygienists - permitting process - rules - subject to review
12‑220‑507
Dental hygienist peer health assistance program - fees - rules
12‑220‑508
Practice of dental therapy supervision requirement - rules
12‑220‑601
Legislative declaration
12‑220‑602
Minimum standards - rules - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 12-220-507’s source at colorado​.gov