ORTHO Act
- Sponsor
- Rep. Babin, Brian [R-TX-36]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jul 22, 2026
Bottom line
The ORTHO Act aims to enhance patient safety in teledentistry by generally requiring an initial in-person dental examination, with specific exceptions and safeguards for remote diagnoses and orthodontic treatments, and establishes federal and state enforcement mechanisms.
What it actually does
This bill mandates the Federal Trade Commission (FTC) to establish regulations requiring an in-person dental examination before a dentist can provide most teledentistry services or medical devices. It carves out exceptions for emergent care, public health programs, or initial diagnoses of teeth malposition for orthodontic appliances, but even in these cases, orthodontic treatment must be confirmed by an in-person visit and radiographic review before an appliance is used. The bill grants the FTC and State attorneys general enforcement authority.
Proponents argue
Proponents argue that the bill protects patients from potential harm associated with inadequate remote diagnoses and treatments, especially concerning complex procedures like orthodontics. They emphasize the importance of a thorough in-person examination for accurate assessment and safe care delivery, ensuring quality standards are maintained in the evolving field of teledentistry.
Opponents contend
Opponents might contend that the bill creates unnecessary barriers to accessing dental care, particularly in rural or underserved areas where teledentistry could expand access. They might argue that existing state regulations or professional guidelines are sufficient, and that a blanket in-person requirement could stifle innovation and increase healthcare costs for patients.
The bill is concise and can be read quickly, making it accessible for immediate evaluation.
Section 2(a)(1)
Mandatory In-Person Examination for Teledentistry
This provision requires dentists to perform an in-person examination of a patient before providing most dental services or medical devices via teledentistry. This establishes a baseline safety standard for remote dental care, ensuring a physical assessment precedes virtual treatment, except for specific exempted circumstances.
Supporters argue
Supporters argue this ensures patient safety by preventing misdiagnoses or inappropriate treatments that could arise from purely remote assessments, especially for procedures requiring physical intervention.
Critics contend
Critics might argue this provision limits access to care, particularly for patients in remote areas or those with mobility issues, and could increase costs by mandating an extra visit.
Tradeoffs
Balances patient safety through physical examination against convenience and accessibility of remote care.
Section 2(a)(2)
Permitted Teledentistry Relationships Without Prior In-Person Exam
This provision outlines specific scenarios where a dentist-patient relationship can be established via teledentistry without a prior in-person exam. These include emergent care, public health programs, or an initial diagnosis of teeth malposition for orthodontic appliances, provided a dentist exercises independent clinical judgment and not solely automated processes.
Section 2(a)(3)
In-Person Confirmation for Orthodontic Treatment
This provision mandates that any initial teledentistry diagnosis for teeth malposition and the need for an orthodontic appliance must be confirmed through an in-person visit and review of radiographic records before the patient begins using the appliance. This adds a crucial safety step for orthodontic treatments initiated remotely.
Section 2(c)
Federal Trade Commission Enforcement Authority
This provision grants the Federal Trade Commission (FTC) the authority to enforce violations of the teledentistry safety requirements and associated regulations. Violations will be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act, allowing the FTC to use its existing powers for investigation and enforcement.
Section 2(d)
State Attorney General Enforcement Authority
This provision empowers State attorneys general or other state officials/agencies to bring civil actions on behalf of their residents against violations of the teledentistry safety requirements. States can seek injunctions or damages, with statutory damages set at $1,000 per violation, potentially tripled for willful and knowing violations. The FTC must be notified and can intervene in such actions, and federal action can preempt state action during its pendency.