1. (1) Upon application, accompanied by a fee in an amount determined by the director, the board shall grant a permit to place interim therapeutic restorations to any dental hygienist applicant who:

   1. (a) Holds a license in good standing to practice dental hygiene in Colorado; and
   2. (b) Has completed a course developed at the postsecondary educational level that complies with the rules adopted by the board. The course must be offered under the direct supervision of a member of the faculty of an accredited Colorado dental or dental hygiene school. All faculty responsible for clinical evaluation of students must be dentists with a faculty appointment at an accredited Colorado dental or dental hygiene school.
   3. (c) and (d) Repealed.
2. (2) Repealed.
3. (3) A dental hygienist shall not use local anesthesia for the purpose of placing interim therapeutic restorations.

4. (4)

   1. (a) A dental hygienist may place an interim therapeutic restoration only after a dentist provides a diagnosis, treatment plan, and instruction to perform the procedure.
   2. (b) If a supervising dentist authorizes a dental hygienist to perform an interim therapeutic restoration placement at a location other than the dentist's practice location, the dental hygienist shall provide the patient or the patient's representative with written notification that the care was provided at the direction of the supervising dentist. The dental hygienist shall include in the written notification the dentist's name, practice location address, and telephone number.
   3. (c) A dental hygienist who obtains a dentist's diagnosis, treatment plan, and instruction to perform an ITR utilizing telehealth shall notify the patient of the patient's right to receive interactive communication with the distant dentist upon request.
5. (5) A dental hygienist who obtains a permit pursuant to this section may place interim therapeutic restorations in a dental practice setting under the direct or indirect supervision of a dentist or through telehealth supervision for purposes of communication with the dentist.

6. (6)

   1. (a) A dentist shall not supervise more than five full-time equivalent dental hygienists who place interim therapeutic restorations under telehealth supervision unless granted a waiver by the board pursuant to subsection (6)(b) of this section. A dentist who supervises a dental hygienist who provides interim therapeutic restorations under telehealth supervision must have an active license in good standing issued by the board. Before providing interim therapeutic restorations, a dental hygienist shall confirm in communication to the supervising dentist a referral for follow-up care to a licensed dentist within reasonable physical proximity to the location where the interim therapeutic restoration is placed.
   2. (b) The board shall promulgate rules creating a process for a dentist to seek a waiver from the supervision limit specified in subsection (6)(a) of this section. At a minimum, the rules must specify the application process and waiver requirements.
   3. (c) A dentist shall not supervise, in aggregate, more than five full-time equivalent dental hygienists or dental therapists performing procedures pursuant to subsection (6)(a) of this section and section 12-220-508, and limits on supervision of dental therapists must remain consistent with section 12-220-508 (3).
7. (7) A dental hygienist shall inform the patient or the patient's legal guardian, in accordance with board rules, that the patient should follow up with a dentist as appropriate.
8. (8) Repealed.

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 258, § 1, effective September 14. L. 2021: (1)(a), (4)(c), (5), (6), and (7) amended and (1)(c), (1)(d), (2), and (8) repealed, (SB 21-102), ch. 31, p. 129, § 8, effective September 1. L. 2025: (1)(b) and (6)(a) amended and (6)(c) added, (SB 25-194), ch. 171, p. 709, § 24, effective August 6.

Editor's note: This section is similar to former § 12-220-128 as it existed prior to 2020.