58-69-807.  Use of teledentistry — Informed consent — Rulemaking.

(1)  A dentist may provide dental services using teledentistry, including the following:

Terms Used In Utah Code 58-69-807

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Public health setting: means :
(a) an individual's residence, if the individual is unable to leave the residence;
(b) a school, as part of a school-based program;
(c) a nursing home;
(d) an assisted living or long-term care facility;
(e) a community health center;
(f) a federally-qualified health center; or
(g) a mobile dental health program that employs a dentist who is licensed under this chapter. See Utah Code 58-69-102
  • Teledentistry: means the practice of dentistry using synchronous or asynchronous technology. See Utah Code 58-69-102
  • (a)  collaborating with a licensed dental professional in the completion of the following at a public health setting, generally with a written collaborative agreement, directly, or indirectly, in accordance with this chapter:

    (i)  gathering diagnostic information to be used by the dentist at a remote location to form a tentative basic treatment plan and provide appropriate preventive or urgent prescriptions;

    (ii)  perform preventive dental procedures;

    (iii)  provide oral health education; and

    (iv)  perform any palliative or interim treatment or caries arresting treatment outlined in the dentist’s treatment plan and authorized by the dentist, in accordance with this chapter and rules made in accordance with this chapter; and

    (b)  at a remote location, using records and diagnostic information that a dental hygienist provides to form a tentative treatment plan for basic dental procedures.

    (2)  A licensed dental professional or any entity employing a licensed dental professional may not require a patient to sign an agreement that limits the patient’s ability to file a complaint with the division.

    (3)  When a licensed dental professional uses teledentistry, the licensed dental professional shall ensure informed consent covers the following additional information:

    (a)  a description of the types of dental care services provided through teledentistry, including limitations on services;

    (b)  the name, contact information, licensure, credentials, and qualifications of all dentists and dental hygienists involved in the patient’s dental care; and

    (c)  precautions and protocols for technological failures or emergency situations.

    (4)  The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish requirements and parameters regarding teledentistry to ensure the safe use of teledentistry, including additional provisions for:

    (a)  transparency, disclosure, and informed consent;

    (b)  standard of care;

    (c)  proper documentation;

    (d)  supervision and scope of practice;

    (e)  patient complaints; and

    (f)  protocols for referrals.

    Enacted by Chapter 273, 2020 General Session