(1) A dentist may provide dental services using teledentistry. (2) (a) The standard of dental care a licensed dental professional provides through teledentistry is the same as the standard of dental care a licensed dental professional provides in a traditional physical setting. (b) A treating dentist may use teledentistry to collaborate with a dental hygienist within the relevant applicable scopes of practice and under the appropriate level of supervision described in Section 58-69-801. (c) A dental hygienist, other unlicensed individual supervised by a dentist, or any other provider may not carry out any duties through teledentistry that require direct or indirect supervision of a dentist. (d) A dentist may not conduct a dental examination using teledentistry if the standard of care necessitates a traditional physical dental examination. (e) (i) A dentist may correct or attempt to correct malpositioned teeth or provide an oral appliance to treat sleep-disordered breathing and obstructive sleep apnea if the dentist: (A) has performed an appropriate, in-person, physical examination of the patient for the purpose of diagnosing, assessing, and developing a treatment plan; (B) has reviewed the patient's relevant history, medical records, diagnostic records, and contemporaneous radiographic records; and (C) will provide reasonable in-person follow-up care. (ii) Notwithstanding the limitations described in Subsection (2)(e)(i), the dentist may establish an initial relationship with a patient through teledentistry only: (A) for the purpose of emergent care; (B) to make an initial diagnosis of a malposition of teeth and a determination of the need for an orthodontic appliance; or (C) to screen for sleep-disordered breathing and obstructive sleep apnea, and assess the need for oral appliance therapy for jaw repositioning. (iii) A dentist shall confirm an initial diagnosis described in Subsection (2)(e)(ii)(B) through conducting an in-person examination, reviewing the patient's contemporaneous radiographic records, and reviewing results from any other relevant test, imaging, or consultation before the patient begins using any orthodontic appliance. (iv) A dentist shall confirm an assessment described in Subsection (2)(e)(ii)(C) through conducting an in-person examination, reviewing the patient's contemporaneous radiographic records, and reviewing results from any other relevant test, imaging, or consultation before ordering fabrication of an oral appliance for jaw repositioning and delivering the appliance to the patient. (3) A licensed dental professional or any entity employing a licensed dental professional may not require a patient to sign a pretreatment agreement that limits the patient's ability to file a complaint with the division, file a lawsuit, join a class action lawsuit, make reports to a governmental entity, require the patient to submit to binding arbitration, or otherwise limit or prohibit the patient from obtaining relief for deficiencies in the treatment or services provided to the patient. (4) When a licensed dental professional uses teledentistry, the licensed dental professional shall ensure informed consent covers the following additional information: (a) a description of the types of dental care services provided through teledentistry, including limitations on services; (b) the name, contact information, licensure, credentials, and qualifications of all dentists and dental hygienists involved in the patient's dental care; and (c) precautions and protocols for technological failures or emergency situations. (5) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish requirements and parameters regarding teledentistry to ensure the safe use of teledentistry, including additional provisions for: (a) transparency, disclosure, and informed consent; (b) standard of care; (c) proper documentation; (d) supervision and scope of practice; (e) patient complaints; and (f) protocols for referrals. (6) If provisions or rules made under Section 26B-4-704 conflict with the provisions of this section or rules made under this section, the provisions of this section and the rules made under this section control when the individual being regulated is providing services regulated under this chapter.
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