ORTHO Act

[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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