February 22, 2016 (updated March 3, 2016)
Changes made to the Dental Practice Act will affect your dental practice.
As previously shared with CDA members, the Colorado Dental Board is conducting a comprehensive review of its rules and policies. Nearly all Dental Board rules along with all Dental Board policies are being reviewed and revised through this process. These changes will affect your dental practice. Please review the below information. Your opportunities to provide feedback include a stakeholders meeting on Friday, March 4; a final rulemaking session on Thursday, April 28; and through written comments.
Applicable Dental Board rules and policies were split among four committees for review. Committees, which met throughout January and February 2016, have completed their process and published proposed changes to assigned rules and policies for public input. Redline markup versions showing each committee’s recommendations are provided below.
- All Proposed Rule Changes – Combined (Updated March 28, 2016)
- Emergency Rule II Change (all changes are on pages 1-2 of the PDF)
- Committee 1 Proposed Policy Changes
- Committee 2 Proposed Policy Changes
- Committee 3 Proposed Policy Changes
- Committee 4 Proposed Policy Changes
- CDA Summary of Proposed Changes
Highlights of some key changes proposed include:
- Recordkeeping rules were substantially rewritten (Rule IX). Proposed revisions would outline detail on what information must be maintained in records, limit charges for the reproduction of records (no labor fees may be charged) and adjust language to recognize electronic records. In addition, there are new requirements that specialists must conduct and document a periodontal screening when billing for a comprehensive exam, and that rubber dams be used and documented for endodontic procedures. This rule would also split controlled substance requirements into sections for prescribing and dispensing/administering for clarity, and add cross references to recordkeeping requirements in other rules (i.e., anesthesia, passive restraint and lasers). (Committee 2)
- Anesthesia (Rule XIV) was updated to clarify situations that do not require a permit (providing a dose of a single drug (not to exceed the manufacturer’s recommended dose) that can be given for unmonitored home use; and the above plus nitrous oxide), clarify that training hours and cases for permits may be obtained through residency programs, address permit renewals by non Colorado dentists, and reformat documentation requirements (requirements to record temperature and perform an airway assessment were added for pediatric patients). (Committee 3)
- Protective stabilization (Rule XV) was substantially rewritten using current AAPD guidelines. The rule was updated to reflect current terminology (protective stabilization) and to make a distinction between passive and active techniques. Under the proposed rule revisions, prior training would be required for dentist use of both techniques. (Committee 3)
- New infection control rules (Rule XVI) were drafted to reference CDC and OSHA standards. (Committee 4)
- Rules regarding the advertising of specialties and specialty procedures (Rule XVII) were postponed for later discussion. They are expected to be heavily edited due to recent case law that found first amendment (free speech) violations related to several approaches to restricting specialty advertising. The new rule requires the use of disclaimers when advertising a non-ADA recognized specialty or credentials (previously, advertising of non-ADA recognized specialties was disallowed). Colorado law continues to limit the advertising of ADA recognized specialties to those that have fulfilled ADA and CODA requirements for the specialty. (Committee 4)
- Laser rules (Rule XXIV) were revised to remove a grandfathering exemption for training requirements and to add recordkeeping requirements. (Committee 3)
- A new rule on dental hygienist placement of Interim Therapeutic Restorations (Rule XXV) was added. The rule incorporates both requirements from the law and training requirement recommendations from the state ITR advisory committee. (Committee 3)
- Policies on clinical examinations (Policy 1A) were revised to reflect an acceptance of all exams but Board participation in none. Alternate examinations pathways (OSCE, PGY1, portfolio) are recognized for dentists. (Committee 1)
- New policies were added to address complaints against State Board members (Policy 1EE) and abandonment of patient records (Policy 1FF). (Committee 4)
- Substantial streamlining and consolidation of rules and policies were undertaken, as well as grammatical and formatting cleanups. (All)
A summary of the rule and policy changes is available here. An updated summary will be published in the Spring 2016 CDA Journal.
We encourage all CDA members to review proposed changes and provide comments and feedback. Feedback may be presented to Dental Board staff in-person at a final rulemaking hearing with the full Dental Board on Apr. 28, 2016 at 8 a.m. (Conference Room 110D at 1560 Broadway, Denver, CO 80202).
Comments may also be submitted to maulid.miskell@state.co.us. Please send a copy of any written comments to jennifer@cdaonline.org.
- 2015 Dental Practice Act (laws)
- ITR Committee report
- Previous notices (Dec. 21, 2015 and Jan. 5, 2016)
Note: Check back to this page for the latest updates on proposed rule and policy changes and stakeholder meeting dates.