NOTE: The governor signed this measure on 3/9/2016.
      
      
      SENATE BILL 16-009
      
      
      BY SENATOR(S) Grantham, Aguilar, Crowder, Kefalas, Scott;
      also REPRESENTATIVE(S) Primavera, Ginal, Lontine, Vigil, Young.
      
      
      Concerning the sharing of professional dental fees.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 12-35-129, amend (1)
      (v) as follows:
      
           12-35-129.  Grounds for disciplinary action. (1)  The board may
      take disciplinary action against an applicant or licensee in accordance with
      section 12-35-129.1 for any of the following causes:
      
           (v)  Sharing any professional fees with anyone except those with
      whom the dentist or dental hygienist is lawfully associated in the practice
      of dentistry or dental hygiene; except that:
      
           (I)  A licensed dentist or dental hygienist may pay an independent
      advertising or marketing agent compensation for advertising or marketing
      services rendered by the agent for the benefit of the licensed dentist or
      dental hygienist, including compensation that is based on the results or
      performance of the services on a per-patient basis; and
      
           (II)  Nothing in this section prohibits a dentist or dental
      hygienist practice owned or operated by a proprietor authorized
      under section 12-35-116.5 from contracting with any person or
      entity for business management services or paying a royalty in
      accordance with a franchise agreement if the terms of the
      contract or franchise agreement do not affect the exercise of
      the independent professional judgment of the dentist or dental
      hygienist.
      
           SECTION 2.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect at 12:01 a.m. on the day following
      the expiration of the ninety-day period after final adjournment of the
      general assembly (August 10, 2016, if adjournment sine die is on May 11,
      2016); except that, if a referendum petition is filed pursuant to section 1 (3)
      of article V of the state constitution against this act or an item, section, or
      part of this act within such period, then the act, item, section, or part will
      not take effect unless approved by the people at the general election to be
      held in November 2016 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
           (2)  This act applies to conduct occurring on or after the applicable
      effective date of this act.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Effie Ameen                            Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO