Colorado Dental Board Rule Review – September 2020

Molly PereiraFeatured News

Every four years the Colorado Dental Board conducts a routine rule review to assess the continuing need, appropriateness, and cost-effectiveness of the Colorado Dental Board’s rules. This determines if the rules should be continued in their current form, modified or repealed.

The board will hold a virtual hearing about these rules on Wednesday, Sept. 23 at 9:00 a.m.

CDA Analysis of Draft Rules:

  • The majority of changes to these rules are minor and non-substantive, however, there are two major additions to the rules:
    • Rule 1.9 (D)(4) (page 25): New section on e-prescribing (to take effect in July 2023). These rules are consistent with all other DORA regulated professions.
    • Rule 1.30 (page 50): Disclosure of certain sexual misconduct violations (to take effect in March 2021). This implements a narrowly constructed bill from the last legislative session. These rules are consistent with all other DORA regulated professions.
  • Anesthesia rule (1.14) is currently undergoing a separate review and revision process.
  • The rule mark-up does not address COVID-19 modifications to licensure and continuing education provisions. Despite the CDA’s repeated requests, no adjustments are made to allow greater flexibility for online completion of required CE or CPR/BLS training.

Technical draft rule modifications are itemized below:

  • Rule 1.6 (A)(2) (page 3): Addition of email as a formal mechanism for providing notices to licensees (including disciplinary proceeding notices).
  • Rule 1.6 (A)(3) (page 3): Mentions the requirement that dentists who hold an active DEA registration register with the state PDMP.
  • Rule 1.6 (B)(2)(a)(i) (page 6): Explicit requirement that both temporary licensees and permanent licensees comply with professional liability coverage requirements. This may be in response to temporary license provisions related to COVID-19.
  • Rule 1.6 (C) (page 8): Licensure by Occupational Credential – this new framework was intended to simplify this licensure, but the requirements do not appear to do so.
  • Rule 1.9 (C)(2) (page 21): Recordkeeping – explicit flexibility given to dental specialists on periodontal charting.
  • Rule 1.24 (page 49): Lasers – addition of a new standard on sterile water.