Code of Colorado Regulations UPDATE: Dental Hygienists MUST Carry Their Own Liability Insurance

by Sarah D. Parsons, D.D.S. Associate Executive Director of The Dentists Professional Liability Trust of Colorado and Private Practice Dentist.

As of July 1, 2026 the Code of Regulations specify that Dental Hygienist MUST have their own professional liability policy independent of the dentist’s professional liability coverage.

Colorado Dental Board now requires hygienists to maintain their own liability insurance rather than relying on coverage through the owner dentists. Under this change the minimum coverage limits are:

1. $50,000 per claim
2. $300,000 aggregate per year

Working in a Dental Office with a Dentist DOES NOT Replace Individual Coverage

A hygienist working in a dental office does not replace the new obligation to maintain their own policy. The Dentist policy with the TRUST does cover other employees working under your supervision. However, the event of a claim against your hygienists will require their own policy, the dentist professional liability coverage will be considered excess insurance over and above the applicable limit of the hygienist policy.

If it is determined your hygienist does not have their own policy in the event of a claim or Colorado Dental Board matter against them, they would be subject to discipline by the Board, and as their employer, you could be subject to discipline as well.

Currently, the Trust does not offer a policy for hygienists. The TRUST board is currently looking for options for these policies to potentially become available.  The Trust recommends contacting the Colorado Dental Hygiene Association for recommendations on carriers that offer liability coverage to hygienists.

Keep Current Documentation on File

As best practices management, we recommend that you keep a copy of the following documentation for each of your hygienists in their employee folder:

1. Copy of their current liability policy declaration page
2. Their active Colorado dental hygiene license and other applicable licenses documents
3. Current CPR/BLS certifications
4. Applicable permits, endorsements, and other professional certifications
5. Required training records and documentation such as HIPAA and OSHA
6. Necessary employment documentations
7. Required vaccinations and TB testing records

If You Use a TEMP Hygienist

Maintain the SAME documents as listed above and retain these documents in a secure file.

Review, Renew, and Document

We suggest that each licensed professional maintain their license, professional lability policy, permits, CE, professional certifications, DORA contacts, and PDMP registration and not delegate this to an employee or manager… after all this is YOUR livelihood. Set reminders on when they expire and when you are eligible to renew them. Request updated documentation at renewal and place copies of these documents in a secure file.

Requests copies of these documents and review coverage for your hygiene team whenever a hygienist employment changes or their licenses, certifications, or policies expire.

At the TRUST, we encourage members to make this review a routine part of practice management. Keeping current documentation readily available helps protect YOU, your team, your patients, and your practice.

Questions? Contact The Dentists Professional Liability Trust of Colorado at 303-357-2600