Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 135 Second Substitute (2020GS)

Sponsor

Sen. Christensen, A.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides for the use of teledentistry within the state by dental professionals licensed within the state;
• provides that the standard of dental care for teledentistry is the same for in-person dental care;
• establishes the dental services a dental professional may provide using teledentistry;
• directs the Division of Occupational and Professional Licensing to make rules regarding teledentistry; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DENTAL PRACTICE ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Allen M. Christensen
House Sponsor: 
Steve Eliason
LONG TITLE
General Description:
This bill addresses the use of teledentistry to provide dental care.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides for the use of teledentistry within the state by dental professionals licensed
within the state;
▸ provides that the standard of dental care for teledentistry is the same for in-person
dental care;
▸ establishes the dental services a dental professional may provide using teledentistry;
▸ directs the Division of Occupational and Professional Licensing to make rules
regarding teledentistry; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-69-102
, as last amended by Laws of Utah 2015, Chapter 343
58-69-301
, as last amended by Laws of Utah 2015, Chapter 320
58-69-802
, as enacted by Laws of Utah 1996, Chapter 116
ENACTS:
58-69-807
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-69-102
 is amended to read:
58-69-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Asynchronous technology" means store-and-forward technology that allows a
licensed dental professional to transmit a patient's health information to a dentist for viewing at
a later time.
[
(1)
] 
(2)
 "Board" means the Dentist and Dental Hygienist Licensing Board created in
Section 
58-69-201
.
[
(2)
] 
(3)
 "Dental assistant" means an unlicensed individual who engages in, directly or
indirectly, supervised acts and duties as defined by division rule made in collaboration with the
board.
[
(3)
] 
(4)
 "Direct supervision" means the supervising dentist is present and available for
face-to-face communication with the person being supervised when and where professional
services are being provided.
[
(4)
] 
(5)
 "General supervision" means that the supervising dentist is available for
consultation regarding work the supervising dentist has authorized, without regard as to
whether the supervising dentist is located on the same premises as the person being supervised.
[
(5)
] 
(6)
 "Indirect supervision" means that the supervising dentist is present within the
facility in which the person being supervised is providing services and is available to provide
immediate face-to-face communication with the person being supervised.
[
(6)
] 
(7)
 "Practice of dental hygiene" means, regarding humans:
(a) under the general supervision of a dentist, or under a written agreement with a
dentist licensed under this chapter, as provided in Section 
58-69-801
, to:
(i) perform preliminary clinical examination of human teeth and gums;
(ii) make preliminary instrumental examination of patients' teeth;
(iii) expose dental radiographs;
(iv) assess dental hygiene status and collaborate with the supervising dentist regarding
a dental hygiene treatment plan for a patient;
(v) remove deposits, accumulations, calculus, and concretions from the surfaces of
human teeth;
(vi) remove toxins and debris from subgingival surfaces;
(vii) provide dental hygiene care in accordance with a dentist's treatment plan for a
patient;
(viii) take impressions of teeth or jaws except for impressions or registrations to supply
artificial teeth as substitutes for natural teeth; or
(ix) engage in other practices of dental hygiene as defined by division rule;
(b) under the indirect supervision of a dentist to administer in accordance with
standards and ethics of the professions of dentistry and dental hygiene:
(i) local anesthesia; or
(ii) nitrous oxide analgesia;
(c) to represent oneself by any title, degree, or in any other way as being a dental
hygienist; or
(d) to direct a dental assistant when the supervising dentist is not on the premises.
[
(7)
] 
(8)
 "Practice of dentistry" means the following, regarding humans:
(a) to offer, undertake, or represent that a person will undertake by any means or
method
, including teledentistry,
 to:
(i) examine, evaluate, diagnose, treat, operate, or prescribe therapy for any disease,
pain, injury, deficiency, deformity, or any other condition of the human teeth, alveolar process,
gums, jaws, or adjacent hard and soft tissues and structures in the maxillofacial region;
(ii) take an appropriate history and physical consistent with the level of professional
service to be provided and the available resources in the facility in which the service is to be
provided;
(iii) take impressions or registrations;
(iv) supply artificial teeth as substitutes for natural teeth;
(v) remove deposits, accumulations, calculus, and concretions from the surfaces of
teeth; and
(vi) correct or attempt to correct malposition of teeth;
(b) to administer anesthetics necessary or proper in the practice of dentistry only as
allowed by an anesthesia permit obtained from the division;
(c) to administer and prescribe drugs related to and appropriate in the practice of
dentistry;
(d) to supervise the practice of a dental hygienist or dental assistant as established by
division rule made in collaboration with the board; or
(e) to represent oneself by any title, degree, or in any other way that one is a dentist.
[
(8)
] 
(9)
 "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.
[
(9)
] 
(10)
 "Supervising dentist" means a licensed dentist who has agreed to provide
supervision of a dental hygienist or unlicensed individual in accordance with the provisions of
this chapter.
(11) "Synchronous technology" means two-way audiovisual technology that allows a
licensed dental professional to see and communicate in real time with a patient who is located
in a different physical location.
(12) "Teledentistry" means the practice of dentistry using synchronous or asynchronous
technology.
[
(10)
] 
(13)
 "Unlawful conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-69-501
.
[
(11)
] 
(14)
 "Unprofessional conduct" means the same as that term is defined in
Sections 
58-1-501
 and 
58-69-502
 and as may be further defined by rule.
Section 2. Section 
58-69-301
 is amended to read:
58-69-301.
License required -- License classifications -- Anesthesia and analgesia
permits.
(1) A license is required to engage in the practice of dentistry
, including teledentistry,
or dental hygiene except as specifically provided in Section 
58-69-306
 or 
58-1-307
.
(2) The division shall issue to individuals qualified under the provisions of this chapter
a license in the classification:
(a) dentist; or
(b) dental hygienist.
(3) A permit is required to engage in administration of anesthesia or analgesia in the
practice of dentistry or dental hygiene.
(4) The division in collaboration with the board shall establish by rule:
(a) the classifications of anesthesia and analgesia permits and the scope of practice
permitted under each permit; and
(b) the qualifications for each classification of anesthesia and analgesia permit.
Section 3. Section 
58-69-802
 is amended to read:
58-69-802.
Practice within limits of law, education, training, experience, and
competency -- Standard of care.
(1)
 Each individual licensed under this chapter shall confine his practice to those acts
or practices:
[
(1)
] 
(a)
 permitted by law; and
[
(2)
] 
(b)
 in which the individual is competent by education, training, and experience.
(2) (a) The standard of dental care a licensed dental professional provides through
teledentistry is the same as the standard of dental care a licensed dental professional provides in
a traditional physical setting.
(b) (i) A treating dentist may use teledentistry to collaborate with a dental hygienist
within the relevant applicable scopes of practice and under the appropriate level of dentist
supervision, in accordance with existing supervision laws.
(ii) A dental hygienist, other dental auxiliary, or any other teledentistry provider may
not carry out any duties through teledentistry that require the in-person supervision of a dentist
licensed under this chapter.
(c) A dentist may not conduct a dental examination using teledentistry if the standard
of care necessitates a traditional physical dental examination.
Section 4. Section 
58-69-807
 is enacted to read:
 58-69-807.
Use of teledentistry -- Informed consent -- Rulemaking.
(1) A dentist may provide dental services using teledentistry, including the following:
(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.