ORTHO Act

This bill, known as the "Oversight of Responsible Teledentistry for Healthy Outcomes Act" or the "ORTHO Act," aims to enhance patient safety for individuals receiving dental services via telehealth. It directs the Federal Trade Commission (FTC) to issue regulations within 180 days requiring an in-person examination by a dentist before providing teledentistry services or medical devices to a patient. This foundational requirement ensures a physical assessment precedes most remote care.

However, the bill outlines specific exceptions to the in-person examination rule. Teledentistry may be used without a prior in-person visit for emergent care, as part of an approved public health program, or for an initial diagnosis of teeth malposition and determination of the need for an orthodontic appliance. For orthodontic cases, the diagnosis must be made or affirmed by a dentist using independent clinical judgment, not solely automated processes, and must be confirmed through a subsequent in-person visit and review of radiographic records before the patient begins using the appliance.

The FTC is tasked with enforcing these regulations, treating violations as unfair or deceptive acts or practices under the Federal Trade Commission Act. Additionally, state attorneys general or other state officials are authorized to bring civil actions on behalf of their residents to enjoin violations or seek damages, which can include a statutory amount of $1,000 per violation, potentially tripled for willful offenses. This framework allows for both federal and state oversight to ensure compliance and protect patients.