The ORTHO Act mandates in-person dental examinations before the provision of most teledentistry services and establishes federal and state enforcement mechanisms to ensure patient safety.
Brian Babin
Representative
TX-36
The ORTHO Act mandates that dentists conduct an in-person examination before providing teledentistry services, with limited exceptions for emergent care, public health programs, and initial orthodontic diagnoses. The bill empowers the Federal Trade Commission and state attorneys general to enforce these safety standards, treating violations as unfair or deceptive acts. By requiring professional clinical oversight, the legislation ensures that remote dental care meets established safety and diagnostic requirements.
ORTHO Act Mandates In-Person Dental Exams Before Remote Care: New Safety Standards Could Mean Fewer Mail-Order Braces
The ORTHO Act aims to put the brakes on fully remote dental care by requiring patients to see a dentist in person before receiving teledentistry services or medical devices like aligners. Within 180 days, the Federal Trade Commission (FTC) would be required to set rules ensuring that a face-to-face checkup happens before a digital treatment plan begins. While the bill aims to ensure a higher standard of safety, it adds a physical hurdle to a process that many have used for its convenience and lower costs.
The Chair-Side Requirement
Under this bill, the days of getting a medical-grade dental device entirely through the mail without seeing a doctor might be over. Section 2 requires an in-person examination for most dental services provided via telehealth. For those seeking orthodontic work—like clear aligners—the bill is even more specific: a dentist must use their own clinical judgment to make an initial diagnosis, and that diagnosis must be confirmed through an in-person visit and a review of X-rays (radiographic records) before you can actually start using the appliance. For a busy professional or a parent in a rural area, this means you can’t skip the commute to the dental office if you want to straighten your teeth.
Exceptions and Emergencies
Life doesn't always happen during office hours, so the bill carved out three specific 'hall passes' where you can skip the initial in-person visit. These include 'emergent care' for immediate pain or infection, public health programs run by the government, and the very first step of an orthodontic consultation to see if you’re even a candidate for braces. However, the definition of 'emergent care' is a bit of a gray area; it covers conditions that 'cannot be postponed,' which might be interpreted differently depending on who you ask. If you’re a gig worker with a sudden toothache, this could be the difference between a quick video call and a costly trip to the ER.
Enforcement and Your Wallet
This isn't just a suggestion for dentists; the bill gives the FTC and state attorneys general some serious teeth to enforce these rules. If a company bypasses the in-person requirement, they could face lawsuits where damages are calculated at $1,000 per remote visit. If a court decides the company broke the rules on purpose, those fines can triple. While this protects you from 'fly-by-night' operations, the added costs of physical office space and in-person staffing for providers could eventually trickle down to your bill, potentially making teledentistry more expensive than the budget-friendly alternative it is today.