1. (1) Notwithstanding subsection (3) of this section, unless licensed to practice dentistry, an individual is deemed to be practicing unsupervised dental hygiene when the individual, within the scope of the individual's education, training, and experience:

   1. (a) Removes deposits, accretions, and stains by scaling with hand, ultrasonic, or other devices from all surfaces of the tooth and smooths and polishes natural and restored tooth surfaces, including root planing;
   2. (b) Removes granulation and degenerated tissue from the gingival wall of a periodontal pocket;
   3. (c) Provides preventive measures including the application of fluorides, sealants, and other recognized topical agents for the prevention of oral disease;

   4. (d) Gathers and assembles information, including but not limited to:

      1. (I) Fact-finding and patient history;
      2. (II) Provision of study casts or digital scans;
      3. (III) Extra- and intra-oral inspection;
      4. (IV) Dental charting and periodontal probing and charting;
      5. (V) Radiographic and X-ray survey for the purpose of assessing and diagnosing dental hygiene-related conditions for treatment planning for dental hygiene services as described in this section and identifying dental hard and soft tissue abnormalities for referral to a dentist or appropriate specialist; and
      6. (VI) Additional screening or screening tests for further investigation of any oral or systemic health-related concern pertinent to the scope of practice for dental hygiene; and
   5. (e) Administers a topical anesthetic to a patient in the course of providing dental care;
   6. (e.5) Administers local anesthesia in compliance with section 12-220-411 and rules adopted by the board, including minimum education requirements and procedures for local anesthesia administration;
   7. (f) Performs dental hygiene assessment, dental hygiene diagnosis, and dental hygiene treatment planning for hard and soft tissue for dental hygiene services as described in this section and identifies dental abnormalities for referral to a dentist or appropriate specialist; or

   8. (g)

      1. (I) Prescribes, administers, and dispenses fluoride, fluoride varnish, silver fluorides in accordance with subsection (1)(g)(IV) of this section, antimicrobial solutions for mouth rinsing, nonsystemic antimicrobial agents, and related emergency drugs and reversal agents. The board, by rule, may further define the permissible and appropriate emergency drugs and reversal agents. Dental hygienists shall maintain clear documentation in the patient record of the drug or agent prescribed, administered, or dispensed; the date of the action; and the rationale for prescribing, administering, or dispensing the drug or agent.

      2. (II) A dental hygienist shall not prescribe, administer, or dispense the following:

         1. (A) Repealed.
         2. (B) Dangerous drugs or controlled substances, as defined in section 18-18-102 (5).

      3. (III) A dental hygienist may prescribe the following:

         1. (A) Fluoride supplements;
         2. (B) Topical anti-caries treatments, including sodium fluoride, stannous fluoride, silver diamine fluoride, other silver fluorides, hydroxyapatite regeneration medicaments used for repairing cavities, and alternatives for strengthening teeth and preventing and arresting tooth decay. The board may adopt rules that identify safe prescribing alternatives to silver diamine fluoride as a treatment for strengthening teeth and preventing tooth decay.
         3. (C) Topical anti-infectives, including chlorhexidine gluconate rinse, periodontal chips, periodontal gels, periodontal powders, and impregnated fibers for periodontal treatment;
         4. (D) Related emergency drugs and reversal agents as authorized by the collaborating dentist.

      4. (IV) A dental hygienist may prescribe and apply silver diamine fluoride and other silver fluorides upon completion of a postsecondary course or continuing education course developed at the postsecondary level that satisfies the requirements established by the board and provides instructions on the use and limitations of applying silver diamine fluoride. A dental hygienist may complete the course described in this subsection (1)(g)(IV) through:

         1. (A) A live and interactive course presentation;
         2. (B) An on-demand webinar with a completion quiz component to verify participation prior to the issuance of a certificate; or
         3. (C) Any other format approved by the board.
      5. (V) A dental hygienist may prescribe, dispense, and administer nonnarcotic analgesics, anti-inflammatories, and antibiotics within the parameters of a written articulated plan, with the authorization of the supervising dentist, and upon completion of a postsecondary course or continuing education course developed at the postsecondary level that satisfies the requirements established by the board and that provides instruction on the use and limitations of nonnarcotic analgesics, anti-inflammatories, and antibiotics.
   9. (h) Directs dental assistants to assist in activities that are within the scope of practice for a dental hygienist under direct supervision of a dental hygienist only; except that dental assistants shall not perform activities disallowed under section 12-220-501 (3)(a).
2. (2) A dental hygienist shall state in writing and require a patient to acknowledge by signature that any diagnosis or assessment is for the purpose of determining necessary dental hygiene services only.
3. (3) Unsupervised dental hygiene may be performed by licensed dental hygienists without the supervision of a licensed dentist.

4. (4)

   1. (a) Notwithstanding section 12-220-104 (13) or 12-220-305 (1)(b), and consistent with section 12-220-303, a dental hygienist may be the proprietor of a place where supervised or unsupervised dental hygiene is performed and may purchase, own, or lease equipment, dental materials, and supplies necessary to perform supervised or unsupervised dental hygiene.
   2. (b) A dental hygienist proprietor, or a professional corporation, limited liability partnership, or professional limited liability corporation of dental hygienists, in addition to providing dental hygiene services, may enter into an agreement with one or more dentists for the lease or rental of equipment or office space in the same physical location as the dental hygiene practice, but only if the determination of necessary dental services provided by the dentist and professional responsibility for those services, including but not limited to dental records, appropriate medication, and patient payment, remain with the treating dentist. It is the responsibility of the dental hygienist to inform the patient as to whether there is a supervisory relationship between the dentist and the dental hygienist. An agreement under this subsection (4)(b) does not constitute employment and does not constitute cause for discipline pursuant to section 12-220-201 (1)(h).

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 255, § 1, effective September 14. L. 2021: (1)(g)(I) and (1)(g)(III)(B) amended and (1)(g)(IV) added, (SB 21-102), ch. 31, p. 127, § 6, effective September 1. L. 2025: IP(1), (1)(d)(II), (1)(d)(IV), (1)(d)(V), (1)(f), (1)(g)(I), (1)(g)(III)(A), (1)(g)(III)(B), (1)(g)(III)(C), IP(1)(g)(IV), (2), and (4) amended, (1)(d)(VI), (1)(e.5), (1)(g)(V), and (1)(h) added, and (1)(g)(II)(A) repealed, (SB 25-194), ch. 171, p. 705, § 22, effective August 6.

Editor's note: This section is similar to former § 12-220-122 as it existed prior to 2020.