The bill amends the West Virginia Dental Practice Act by introducing a new section, 30-4-8b, which sets forth regulations for teledentistry. It defines essential terms and establishes requirements for licensure or registration for dental service providers utilizing this method. To offer teledentistry services, providers must be licensed in West Virginia and maintain professional liability insurance. The legislation mandates that teledentistry services adhere to the same standards of care as traditional in-person services, explicitly prohibiting treatment based solely on online questionnaires and requiring in-person supervision for specific procedures. A bona fide provider-patient relationship must be established, which includes reviewing the patient's medical history and conducting an in-person examination, with certain exceptions for emergent care and initial diagnoses.

Additionally, the bill outlines the responsibilities of providers, including confirming patient identity, obtaining informed consent, and documenting the patient's location and consent in their records. It requires that a dentist of record oversee all teledentistry treatments, ensuring accountability for patient care. Providers are prohibited from advertising teledentistry services unless they are licensed in the state and must include disclaimers regarding the risks associated with orthodontic treatment. The bill also addresses emergency situations, patient record maintenance, and the establishment of evidence-based standards for teledentistry practices, with violations subject to disciplinary action by the board in accordance with the existing procedures of the Dental Practice Act.

Statutes affected:
Introduced Version: 30-4-3, 30-4-8a
Committee Substitute: 30-4-3, 30-4-8b
Enrolled Committee Substitute: 30-4-3, 30-4-8b