1. (1)

   1. (a) Upon application in a form and manner determined by the board and payment of the applicable fees established by the board, the board may issue an anesthesia or sedation permit to a licensed dentist or a local anesthesia permit to a dental therapist or dental hygienist in accordance with this section.
   2. (b) The board shall design and implement an expedited application and permitting process for a dentist who has completed an accredited residency program in general anesthesia or a postdoctoral training program that provides comprehensive and appropriate training necessary to administer and manage moderate sedation or deep sedation and general anesthesia according to industry-accepted standards.

2. (2)

   1. (a) A licensed dentist who obtains an anesthesia or sedation permit pursuant to this section may administer minimal sedation, moderate sedation, or deep sedation/general anesthesia.
   2. (b) A licensed dentist who administers minimal sedation, moderate sedation, or deep sedation/general anesthesia to pediatric dental patients shall obtain a permit designated by the board to allow for administration to pediatric dental patients.
   3. (c) An anesthesia or sedation permit issued to a licensed dentist is valid for five years, unless the dentist's license expires. As a condition of renewing an anesthesia or sedation permit, a licensed dentist must attest, when applying to renew the permit, that the licensed dentist completed seventeen continuing education credits specific to anesthesia or sedation administration during the five-year permit period. Continuing education credits obtained as required by this section may be used to satisfy the continuing education requirements in section 12-220-308.

3. (3)

   1. (a) A licensed dental therapist or dental hygienist who obtains a local anesthesia permit pursuant to this section may administer local anesthesia.
   2. (b) A local anesthesia permit issued to a dental therapist or dental hygienist is valid as long as the dental therapist's or dental hygienist's license is active.

4. (4)

   1. (a) The board shall establish, by rule, minimum training, experience, and equipment requirements for the administration of local anesthesia, analgesia including nitrous oxide/oxygen inhalation, and medication prescribed or administered for the relief of anxiety or apprehension, minimal sedation, moderate sedation, deep sedation, or general anesthesia, including procedures that may be used by and minimum training requirements for dentists, dental therapists, dental hygienists, and dental assistants.
   2. (b) In order to fulfill the training and experience requirements for an anesthesia or sedation permit, an applicant must be the primary provider and directly provide care for all required case work.

   3. (c) The rules relating to anesthesia and sedation are not intended to:

      1. (I) Permit administration of local anesthesia, analgesia, medication prescribed or administered for the relief of anxiety or apprehension, minimal sedation, moderate sedation, deep sedation, or general anesthesia by dental assistants; except that this section does not prohibit a dental assistant from monitoring and administering nitrous oxide/oxygen inhalation performed under the supervision of a licensed dentist pursuant to section 12-220-305 (1)(q) and board rules; or
      2. (II) Reduce competition or restrain trade with respect to the dentistry needs of the public.

5. (5) The board shall establish, by rule, criteria and procedures for an office inspection program to be completed upon application and renewal of anesthesia or sedation permits, which must include:

   1. (a) Designation of qualified anesthesia inspectors who have more than five years of experience providing anesthesia services and hold an active anesthesia permit to provide either dental outpatient deep sedation/general anesthesia or moderate sedation. An anesthesia inspector who holds an active anesthesia permit to provide moderate sedation may only provide office anesthesia inspections for providers who request moderate sedation privileges for both initial and renewal permit applications. An anesthesia inspector who holds an active anesthesia permit to provide deep sedation/general anesthesia may provide office anesthesia inspections for any level of sedation for both initial and renewal permit applications. An anesthesia inspector shall complete an anesthesia inspector calibration program created and updated by the board once every five years. The anesthesia inspector recertification may be completed in conjunction with an anesthesia permit renewal.
   2. (b) A requirement for each licensee that is inspected to bear the cost of inspection by allowing designated inspectors to charge a reasonable fee as established by the board;
   3. (c) A requirement that an inspector notify the board in writing of the results of an inspection; and
   4. (d) A requirement for reinspection of an office prior to the renewal of a moderate sedation or deep sedation/general anesthesia permit.
6. (6) For the purposes of this section, a dental therapist who performs a task pursuant to a written articulated plan that meets the requirements of section 12-220-508 (2) is considered to have performed the task with the prior knowledge and consent of the dentist.

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 251, § 1, effective September 14. L. 2022: (1), (3), and (4)(a) amended and (6) added, (SB 22-219), ch. 381, p. 2721, § 24, effective January 1, 2023. L. 2025: (1) and (5)(a) amended, (SB 25-194), ch. 171, p. 702, § 18, effective August 6.

Editor's note: This section is similar to former § 12-220-146 as it existed prior to 2020.

Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.