                                 CODE OF VIRGINIA

PRACTICE OF DENTISTRY (§ 54.1-2711)

A. Any person shall be deemed to be practicing dentistry who (i) uses the words
dentist, or dental surgeon, the letters D.D.S., D.M.D., or any letters or title
in connection with his name, which in any way represents him as engaged in the
practice of dentistry; (ii) holds himself out, advertises, or permits to be
advertised that he can or will perform dental operations of any kind; (iii)
diagnoses, treats, or professes to diagnose or treat any of the diseases or
lesions of the oral cavity, its contents, or contiguous structures; or (iv)
extracts teeth, corrects malpositions of the teeth or jaws, takes or causes to
be taken digital scans or impressions for the fabrication of appliances or
dental prosthesis, supplies or repairs artificial teeth as substitutes for
natural teeth, or places in the mouth and adjusts such substitutes. Taking
impressions for mouth guards that may be self-fabricated or obtained
over-the-counter does not constitute the practice of dentistry.

B. No person shall practice dentistry unless a bona fide dentist-patient
relationship is established in person or through teledentistry. A bona fide
dentist-patient relationship shall exist if the dentist has (i) obtained or
caused to be obtained a health and dental history of the patient; (ii) performed
or caused to be performed an appropriate examination of the patient, either
physically, through use of instrumentation and diagnostic equipment through
which digital scans, photographs, images, and dental records are able to be
transmitted electronically, or through use of face-to-face interactive two-way
real-time communications services or store-and-forward technologies; (iii)
provided information to the patient about the services to be performed; and (iv)
initiated additional diagnostic tests or referrals as needed. In cases in which
a dentist is providing teledentistry, the examination required by clause (ii)
shall not be required if the patient has been examined in person by a dentist
licensed by the Board within the six months prior to the initiation of
teledentistry and the patient&#8217;s dental records of such examination have
been reviewed by the dentist providing teledentistry.

C. No person shall deliver dental services through teledentistry unless he holds
a license to practice dentistry in the Commonwealth issued by the Board and has
established written or electronic protocols for the practice of teledentistry
that include (i) methods to ensure that patients are fully informed about
services provided through the use of teledentistry, including obtaining informed
consent; (ii) safeguards to ensure compliance with all state and federal laws
and regulations related to the privacy of health information; (iii)
documentation of all dental services provided to a patient through
teledentistry, including the full name, address, telephone number, and Virginia
license number of the dentist providing such dental services; (iv) procedures
for providing in-person services or for the referral of patients requiring
dental services that cannot be provided by teledentistry to another dentist
licensed to practice dentistry in the Commonwealth who actually practices
dentistry in an area of the Commonwealth the patient can readily access; (v)
provisions for the use of appropriate encryption when transmitting patient
health information via teledentistry; and (vi) any other provisions required by
the Board. A dentist who delivers dental services using teledentistry shall,
upon request of the patient, provide health records to the patient or a dentist
of record in a timely manner in accordance with &#xA7; 32.1-127.1:03 and any
other applicable federal or state laws or regulations. All patients receiving
dental services through teledentistry shall have the right to speak or
communicate with the dentist providing such services upon request.

D. Dental services delivered through use of teledentistry shall (i) be
consistent with the standard of care as set forth in &#xA7; 8.01-581.20,
including when the standard of care requires the use of diagnostic testing or
performance of a physical examination, and (ii) comply with the requirements of
this chapter and the regulations of the Board.

E. In cases in which teledentistry is provided to a patient who has a dentist of
record but has not had a dental wellness examination in the six months prior to
the initiation of teledentistry, the dentist providing teledentistry shall
recommend that the patient schedule a dental wellness examination. If a patient
to whom teledentistry is provided does not have a dentist of record, the dentist
shall provide or cause to be provided to the patient options for referrals for
obtaining a dental wellness examination.

F. No dentist shall be supervised within the scope of the practice of dentistry
by any person who is not a licensed dentist.

HISTORY: Code 1950, § 54-146; 1972, c. 805; 1988, c. 765; 2020, cc. 37, 220.