SB 710: Relating to the practice of teledentistry - West Virginia

sb710 h hhr am _1 adopted.htm → Enrolled Committee Substitute · 3 edits · Apr 24, 2025

MINOR

The bill was updated from a committee amendment draft to its final enrolled version, incorporating minor text corrections and adding standard legislative signatures. The core policy content regarding teledentistry definitions and requirements remains consistent with the previous draft, though the final text includes a specific amendment to the definition of 'Teledentistry' to clarify interactions between providers and supervision of hygienists.

Scope change

The scope of the bill remains focused on regulating teledentistry practice in West Virginia; no changes were made to the applicability or jurisdiction of the law.

DEFINITION

The definition of 'Teledentistry' was expanded in the final version to explicitly include 'Interaction between providers using teledentistry,' specifically covering the supervision of dental hygienists by dentists and interactions between different providers treating the same patient.

TECHNICAL

Minor text corrections were made, such as fixing a typo in the phrase 'safety o patients' to 'safety of patients' and removing extraneous navigation links and voting records from the draft version.

ENFORCEMENT

Standard enrolled bill signatures were added, including certification by the Clerks of the Senate and House, and signatures for the President of the Senate, Speaker of the House, and Governor, formalizing the bill's enactment.

Introduced Version → Committee Substitute · 4 edits

MODERATE

The bill was revised to expand eligibility for teledentistry by allowing registration (not just licensure) for dental hygienists and creating a new section (§30-4-8b) to reflect this broader scope. The revision also clarifies that rules must be proposed for legislative approval rather than adopted directly by the board, and updates the definition of 'public health program' to include the Department of Health.

Scope change

The bill's scope expanded to include registered dental hygienists, not just licensed dentists, and clarified the rulemaking process.

ELIGIBILITY

Changed the requirement from being 'licensed' to being either 'licensed or registered' to practice dentistry or dental hygiene, allowing registered hygienists to provide teledentistry services.

REQUIREMENT

Updated the rulemaking requirement to state the board must 'propose rules for legislative approval' instead of adopting regulations directly.

Added a specific requirement in the board's rulemaking to ensure prescription issuance through teledentistry is consistent with existing limitations in the code.

DEFINITION

Modified the definition of 'Public health program' to include programs administered by the Department of Health, removing the specific reference to the Department of Health and Human Services.

Committee Substitute → sb710 h hhr am _1 adopted.htm · 6 edits

MODERATE

The bill was amended to replace the original Committee Substitute version with a new version that establishes comprehensive teledentistry regulations, including licensure requirements, patient consent protocols, emergency care obligations, and specific disciplinary measures for violations. This version adds detailed provisions for establishing provider-patient relationships, informed consent requirements, and advertising restrictions while maintaining the core purpose of regulating remote dental services in West Virginia.

Scope change

The bill's scope expanded from a general framework to include specific operational requirements for teledentistry, including mandatory in-person examinations before treatment, emergency care protocols, and detailed record-keeping obligations.

REQUIREMENT

Added specific requirements for establishing bona fide provider-patient relationships, including mandatory in-person examinations and review of diagnostic records before initiating treatment.

Added detailed informed consent requirements that must be obtained from patients or guardians before providing teledentistry services.

Added requirements for providers to be familiar with local dental care availability and to refer patients to emergency care when appropriate.

Added rulemaking requirements for the Board of Dentistry to establish evidence-based standards for teledentistry practice.

ENFORCEMENT

Added specific unprofessional conduct provisions and disciplinary procedures for teledentistry violations, including restrictions on advertising without state licensure.

DEFINITION

Modified the bill structure to include new section 8b with comprehensive teledentistry regulations replacing the previous version.

Relating to the practice of teledentistry

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