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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9829 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9829
To provide for the safety of patients receiving dental services through
telehealth, and for other services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2026
Mr. Babin introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide for the safety of patients receiving dental services through
telehealth, and for other services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oversight of Responsible
Teledentistry for Healthy Outcomes Act'' or the ``ORTHO Act''.
SEC. 2. TELEDENTRISTY SAFETY.
(a) Requirement for Teledentistry.--Not later than 180 days after
the date of the enactment of this Act, the Federal Trade Commission
shall promulgate regulations under section 553 of title 5, United
States Code, that require the following:
(1) Except as provided in paragraphs (2) and (3), a dentist
to perform an in-person examination of a patient before the
dentist may provide dental services or medical devices to that
patient through teledentistry.
(2) A provider to establish a relationship with a patient
through teledentistry only--
(A) for the purpose of emergent care;
(B) as part of a public health program; or
(C) to make an initial diagnosis of a malposition
of teeth and a determination of the need for an
orthodontic appliance by a dentist exercising
independent clinical judgment, and not solely through
automated or algorithmic processes.
(3) Any initial diagnosis and determination described in
paragraph (2)(C) to be made or affirmed by a dentist exercising
independent clinical judgment and to be confirmed through an
in-person visit and review of any radiographic record of the
patient before the patient begins using the orthodontic
appliance.
(b) Rulemaking by Commission.--Rules so prescribed shall be exempt
from the requirements of the Magnuson-Moss Warranty--Federal Trade
Commission Improvement Act (15 U.S.C. 2301 et seq.). Any such
regulations shall be issued in accordance with section 553 of title 5,
United States Code.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) or a regulation promulgated under such
subsection shall be treated as a violation of a regulation
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(2) Powers of commission.--The Commission shall enforce
this section and any regulation promulgated under this section
in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) were incorporated into and made a part of this
section. Any person who violates this section or a regulation
promulgated under this section shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.
(d) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to
believe that an interest of the residents of that State has
been or is threatened or adversely affected by an act or
practice in violation of subsection (a) or a regulation
promulgated under such subsection, the attorney general,
official, or agency of the State, as parens patriae, may bring
a civil action on behalf of the residents of the State in an
appropriate district court of the United States--
(A) to enjoin 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.
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