DeSantis enacts law mandating in-person dental exams for initial diagnoses

by | May 30, 2024

Gov. Ron DeSantis signed legislation requiring dentists to conduct or review an in-person examination before diagnosis or orthodontic treatment, mandating disclosure of dentist information, and enforcing advertising disclaimers for telehealth services.

Gov. Ron DeSantis authorized legislation on Wednesday that introduces new regulations to dental practice standards in Florida.

The bill mandates that dentists conduct an in-person examination or review records from an in-person examination within the past 12 months before making an initial diagnosis or applying an orthodontic appliance. This requirement is particularly relevant for telehealth services and will affect direct-to-consumer orthodontic businesses unless they incorporate in-person visits.

Any business entity advertising dental services must designate a dentist of record with the Board of Dentistry. The designated dentist must possess an active, unencumbered license or be an out-of-state telehealth provider registered with the Department of Health. Upon request, the entity must provide each patient with the dentist of record’s contact and license information.

The measure requires all dentists, including those providing telehealth services, to supply patients with their name, contact number, after-hours emergency contact, and license information. Failure to comply with these requirements will result in disciplinary action.

The law also requires that advertisements for certain telehealth dental services include a disclaimer recommending an in-person examination to prevent injury or harm. This applies to various forms of advertising, including business cards, pamphlets, websites, and social media platforms.

The legislation, House Bill 855, unanimously passed the Florida House of Representatives in February and in the Florida Senate in March. The bill will go into effect on July 1.


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