Current through Reg. 50, No. 13; March 28, 2025
(a) Purpose. Pursuant to Texas Occupations
Code Chapter 111, and Texas Occupations Code §
254.001(a),
the Board is authorized to adopt rules relating to the practice of dentistry,
including teledentistry dental services. This section establishes the standards
of practice for teledentistry.
(b)
Definition. "Teledentistry dental service" is defined in Texas Occupations Code
§
111.001
(2-a).
(c) Prevention of Fraud and
Abuse. Dentists who utilize teledentistry dental services must adopt protocols
to prevent fraud and abuse through the use of teledentistry dental
services.
(d) Complaints to the
Board. Dentists who utilize teledentistry dental services must provide notice
of how patients may file a complaint with the Board. Content and method of the
notice must contain the same information as set out in §
108.3(a)(2) - (3)
of this title (relating to Consumer Information).
(e) Practice of Teledentistry.
(1) A dentist, dental hygienist, or dental
assistant who delivers teledentistry services to a patient located in Texas
must hold an active Texas license or registration issued by the
Board.
(2) A dental health
professional providing a dental health care service or procedure as a
teledentistry dental service:
(A) is subject
to the same standard of care that would apply to the provision of the same
dental health care service or procedure in an in-person setting as established
in §
108.7 of this title (relating to
Minimum Standard of Care, General);
(B) must establish a practitioner-patient
relationship; and
(C) must maintain
complete and accurate dental records as set out in §
108.8 of this title (relating to
Records of the Dentist).
(3) A dentist may simultaneously delegate to
and supervise through a teledentistry dental service not more than five health
professionals who are not dentists.
(4) Adequate measures must be implemented to
ensure that patient communications, recordings, and records are protected
consistent with federal and state privacy laws.
(5) Any individual may provide any
photography or digital imaging to a Texas licensed dentist or Texas licensed
dental hygienist for the sole and limited purpose of screening, assessment, or
examination.
(f)
Informed Consent. In addition to the informed consent requirements in §
108.7 of this title, and §
108.8 of this title, informed
consent must include the following:
(1) the
delegating dentist's name, Texas license number, credentials, qualifications,
contact information, and practice location involved in the patient's care.
Additionally, the name, Texas license number, credentials, and qualifications
of all dental hygienists and dental assistants involved in the patient's care.
This information must be publicly displayed and provided in writing to the
patient; and
(2) a dentist who
delegates a teledentistry dental service must ensure that the informed consent
of the patient includes disclosure to the patient that the dentist delegated
the service.
(g)
Issuance of Prescriptions.
(1) The validity
of a prescription issued as a result of a teledentistry dental service is
determined by the same standards that would apply to the issuance of the
prescription in an in-person setting.
(2) This rule does not limit the professional
judgment, discretion, or decision-making authority of a licensed practitioner.
A licensed practitioner is expected to meet the standard of care and
demonstrate professional practice standards and judgment, consistent with all
applicable statutes and rules when issuing, dispensing, delivering, or
administering a prescription medication as a result of a teledentistry dental
service.
(3) A valid prescription
must be:
(A) issued for a legitimate dental
purpose by a practitioner as part of patient-practitioner relationship as set
out in Texas Occupations Code §
111.005;
and
(B) meet all other applicable
laws and rules before prescribing, dispensing, delivering, or administering a
dangerous drug or controlled substance.
(4) Any prescription drug orders issued as
the result of a teledentistry dental service, are subject to all regulations,
limitations, and prohibitions set out in the federal and Texas Controlled
Substances Act, Texas Dangerous Drug Act, and any other applicable federal and
state law.
(h)
Limitation on Certain Prescriptions.
(1) In
this subsection, the following definitions apply:
(A) "Controlled substance", "opiate", and
"prescribe" have the meanings assigned by Texas Health and Safety Code §
481.002.
(B) "National holiday" means a day described
by Texas Government Code §
662.003(a).
(2) When prescribing a controlled
substance to a patient as a teledentistry dental service, a dentist must not
prescribe more than is necessary to supply a patient for:
(A) if the prescription is for an opiate, a
two-day period; or
(B) if the
prescription is for a controlled substance other than an opiate, a five-day
period.
(3) For each day
in a period described by paragraph (2) of this subsection that is a Saturday,
Sunday, or national holiday, the period is extended to include the next day
that is not a Saturday, Sunday, or national holiday.
