Healthcare Branch
Colorado Dental Board

Emergency Rulemaking Hearing on April 28, 2016

Proposed Changes with Statement of Basis, Purpose, and Authority

Basis and Purpose:  

The Colorado Dental Board is proposing amending Rule II in response to House Bill 16-1257 “concerning implementation of recommendations of the Committee on Legal Services in connection with legislative review of rules and regulations of state agencies.” Once this bill becomes law it will expire Rule II concerning financial responsibility exemptions in its entirety on May 15, 2016, on the grounds that the rule either conflicts with statute or lacks or exceeds statutory authority, unless the rule is amended through an emergency rulemaking hearing.  

Statement of Authority:  

Pursuant to section 12-35-107(1)(b), C.R.S., the Colorado Dental Board shall…“[m]ake, publish, declare, and periodically review reasonable rules as necessary to carry out and make effective the powers and duties of the board as vested in it by this article”. 

Pursuant to section 13-64-301(1)(a)(II), C.R.S., the Colorado Dental Board “may exempt from or establish lesser financial responsibility standards than those prescribed in this section for classes of dentists who:

(A) Perform dental services as employees of the United States government;    
(B) Render limited or occasional dental services;    
(C) Perform less than full-time active dental services because of administrative or other nonclinical or partial or complete retirement; or    
(D) Provide uncompensated dental care to patients but do not otherwise provide any compensated dental care to patients.”  

Pursuant to section 13-64-301(1)(a)(III), C.R.S., the Colorado Dental Board “may exempt from or establish lesser financial responsibility standards for a dentist for reasons other than those described in subparagraph (II) of this paragraph (a) that render the limits provided in subparagraph (I) of this paragraph (a) unreasonable or unattainable.”