ORTHO Act

such act or practice; or (B) to obtain damages on behalf of residents of the State, in an amount equal to the greater of-- (i) the actual monetary loss suffered by such residents; or (ii) the amount determined under paragraph (4). (2) Notice.--Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (3) Authority of federal trade commission.-- (A) In general.--On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If Commission or the Attorney General of the United States has instituted a civil action for violation of subsection (a) or a regulation promulgated under such subsection (referred to in this paragraph as the ``Federal action''), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such subsection or regulation alleged in such complaint. (C) Tolling of statute of limitations during federal action.--If the Commission or the Attorney General institutes a civil action under this paragraph, the time limit for filing such civil action for a State attorney general, official, or agency shall be tolled during the pendency of the Federal action. (4) Statutory damages.--For purposes of paragraph (1)(B)(ii), the amount determined under this paragraph is the amount calculated by multiplying the number of violations (each separate remote visit or service provided to an individual in violation of subsection (a) shall be 1 violation) by $1,000. The court may increase a damage award to an amount equal to not more than three times the amount otherwise available under this paragraph if the court determines that the defendant committed the violation willfully and knowingly. (5) Attorney fees.--In the case of any successful action under paragraph (1), the court, in its discretion, may award the costs of the action and reasonable attorney fees to the State. (e) Definitions.--In this section: (1) Asynchronous transmission.--The term ``asynchronous transmission'' means store and forward technology that allows a provider to transmit the health information of a patient to another provider for viewing at a later time. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Dental services.--The term ``dental services'' means diagnostic, preventive, or corrective procedures provided by or under the supervision of a dentist, including treatment of-- (A) the teeth and associated structures of the oral cavity; and (B) disease, injury, or impairment that may affect the oral or general health of an individual. (4) Dentist.--The term ``dentist'' means an individual licensed to practice dentistry or dental surgery. (5) Distant site.--The term ``distant site'' means the location of the dentist who is providing teledentistry services to a patient located at an originating site. (6) Emergent care.--The term ``emergent care''-- (A) means the provision of dental services for the treatment of pain, infection, or any other intraoral or perioral condition which presents immediate harm to the well-being of the individual and for which treatment cannot be postponed using electronic or telecommunication technology; and (B) includes patient education related to such dental services and the administration of such dental services. (7) Medical device.--The term ``medical device'' has the meaning given the term ``device'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (8) Originating site.--The term ``originating site'' means the location of the site where a patient is receiving teledentistry services from a dentist located at a distant site. (9) Public health program.--The term ``public health program'' means a program for dental services approved by a State Dental Board or any health program administered by-- (A) the United States Department of Health and Human Services; or (B) a health district or State health department. (10) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (11) Teledentistry.--The term ``teledentistry''-- (A) means the use of telehealth by a dentist who is located at a distant site to facilitate the diagnosis, treatment, education, care management, and self- management of or consultation with a patient who is located at an originating site; and (B) includes, without limitation-- (i) real-time interactions between a patient at an originating site and a provider at a distant site; (ii) the asynchronous transmission of medical and dental information concerning a patient from an originating site to a provider at a distant site; (iii) interaction between a provider at a distant site who is providing dental services to a patient at an originating site and another provider at the originating site; and (iv) monitoring of a patient at an originating site by a provider at a distant site. (f) Relationship With State Law.--This section does not prohibit a State from adopting or enforcing supplemental law or regulation that is consistent with this section, including any criminal, civil, or administrative fine for a violation of any such law or regulation. <all>