Legislation introduced in California earlier this year builds upon the direct-to-consumer orthodontic consumer protections in last year’s dental board sunset review bill.
Assemblymember Evan Low (D-Silicon Valley), author of the 2019 bill and the current AB 1998, made it clear in a press release that the initial bill language was intended to be a starting point until more substantive parameters were established for how DTC orthodontic companies may operate.
CDA believes that safe dental care can be provided under the right conditions without an in-person examination by the treating dentist and, as such, initially took a “support if amended” position on the AB 1998. CDA worked closely with Asm. Low’s office to refine the bill language to establish additional consumer protections while protecting the progress CDA and California have made with the virtual dental home telehealth model of care. The virtual dental home model explicitly relies on dentists’ ability to remotely collaborate with their dental team and patients to provide care without compromising patient safety.
AB 1998 was heard last week in the Assembly Appropriations Committee where the bill was significantly amended. The new bill language removes the in-person examination requirement and adds the following concrete consumer protections:
- Refines diagnostic record requirements for orthodontic treatment to meet the minimum standard of care and prevent further noncompliance by direct-to-consumer orthodontic companies that continue to not review patient radiographs prior to treatment;
- Codifies dental record retention requirements to prevent direct-to-consumer orthodontic companies from threatening patients that they will delete records if a treatment plan is not purchased immediately;
- Further defines at what point during treatment a patient must be given contact information about their treating dentist;
- Expands the prohibition for any person, including an employee, to enter into a contract that limits their ability to submit complaints to a regulator; and
- Establishes explicit rights to request dental records copies of any documents signed by a patient.
The added consumer protections ensure that direct-to-consumer orthodontic businesses provide the same level of patient safety but without reversing the improvements California has already made in teledentistry policy.
With the new amendments, CDA has taken a full “support” position on the bill.
Opposition to the bill has mostly focused on the amendments that clarify the legislative intent of last year’s dental board sunset bill, which established an irrefutable standard of care by requiring X-rays be reviewed prior to moving patients’ teeth for orthodontic treatment. The amendments to AB 1998 stemmed from ongoing patient accounts that many direct-to-consumer orthodontic companies had not asked to review previous radiographs, as required by the law that took effect in January.
CDA is pleased to see that the most recent bill amendments ensure direct-to-consumer orthodontic business models have the same level of dentist oversight and patient safety as in-person and VDH models of dental care. CDA will continue to work with the Legislature to ensure that patients who receive dental services through telehealth aren’t sacrificing the standard of care for ease of convenience or price.
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June 09, 2020 at 06:24AM
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Direct-to-consumer orthodontic bill advances, gains CDA's full support - CDA (California Dental Association)
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