H.R. 9829: Oversight of Responsible Teledentistry for Healthy Outcomes Act (119th Congress) Bill Summary

This bill would direct the Federal Trade Commission (FTC) to create rules within 180 days aimed at patient safety in teledentistry, which is dental care delivered through telehealth.

What it would require

In general, a dentist would have to examine a patient in person before providing dental services or medical devices through teledentistry.
There are limited exceptions allowing a dentist to begin a relationship through teledentistry only for:
- emergency care,
- public health programs, or
- an initial diagnosis of tooth misalignment and whether an orthodontic appliance is needed.
For orthodontic appliances, the bill says the initial diagnosis must be made or confirmed by a dentist using independent clinical judgment, not just automated or algorithmic tools, and it must later be confirmed in person before the patient starts using the appliance.

How it would be enforced

Violations of the new FTC rules would be treated as unfair or deceptive acts under the Federal Trade Commission Act.
The FTC could enforce the rules using its usual enforcement tools.
State attorneys general and other state officials could also bring lawsuits if they believe residents were harmed or threatened by a violation.
In state cases, courts could order an end to the conduct and award damages.
The bill sets statutory damages at $1,000 per violation, with the possibility of up to triple damages if a violation was willful and knowing.
States could also recover costs and reasonable attorney fees in successful cases.

Definitions and scope

The bill defines teledentistry broadly to include live video visits, store-and-forward communications, interaction with other providers, and remote monitoring.
It defines “dental services” to cover diagnostic, preventive, or corrective dental procedures, including services related to oral health and conditions affecting general health.
It allows states to adopt or enforce additional consistent rules.