HOUSE BILL 971187
BY REPRESENTATIVES Paschall, Tupa, Mace, and Pfiffner;
also SENATORS Mutzebaugh, Hernandez, Congrove, and
Duke.
CONCERNING THE ABILITY OF DENTISTS TO USE MERCURY
AMALGAM AS A DENTAL RESTORATIVE MATERIAL .
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1235118
(1) (ff), Colorado Revised Statutes, 1991 Repl. Vol., as amended,
is amended, and the said 1235118 is further amended
BY THE ADDITION OF A NEW SUBSECTION, to read:
1235118. Causes for denial
of issuance or renewal suspension or revocation of licenses
other disciplinary action unprofessional conduct
defined immunity in professional review.
(1) The board may deny the issuance or renewal of,
suspend for a specified time period, or revoke any license provided
for by this article or may reprimand, censure, or place on probation
any licensed dentist or dental hygienist after notice and hearing,
which may be conducted by an administrative law judge, pursuant
to the provisions of article 4 of title 24, C.R.S., or it may
issue a letter of admonition without a hearing (except that any
licensed dentist or dental hygienist to whom such a letter of
admonition is sent may, within thirty days after the date of the
mailing of such letter by the board, request in writing to the
board a formal hearing thereon, and the letter of admonition shall
be deemed vacated, and the board shall, upon such request, hold
such a hearing) for any of the following causes:
(ff) Practicing outside the scope of legitimate
dental or dental hygiene practice.
(1.7) (a) NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO DEPRIVE ANY DENTAL PATIENT OF THE RIGHT
TO CHOOSE OR REPLACE ANY PROFESSIONALLY RECOGNIZED RESTORATIVE
MATERIAL, NOR TO PERMIT DISCIPLINARY ACTION AGAINST A DENTIST
SOLELY FOR REMOVING OR PLACING ANY PROFESSIONALLY RECOGNIZED RESTORATIVE
MATERIAL.
(b) NOTHING IN PARAGRAPH (a) OF THIS SUBSECTION
(1.7) SHALL BE CONSTRUED TO PREVENT DISCIPLINARY ACTION AGAINST
A DENTIST FOR PRACTICING DENTISTRY IN VIOLATION OF THIS ARTICLE.
SECTION 2. Applicability.
This act applies to all dentists licensed to practice dentistry
pursuant to article 35 of title 12, Colorado Revised Statutes,
who perform dental procedures that involve placement or replacement
of dental restorative materials on and after the effective date
of this act.
SECTION 3. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO