New York Governor Signs Bill Requiring Parity for Standards of Care in Teledentistry
On Dec. 15, New York Gov. Andrew Cuomo (D) signed identical companion bills that
require dental telehealth services to adhere to the standards of “appropriate
patient care required in other dental health care settings.” Specifically, S7879 and A10034 require parity with regards
to, but not limited to, appropriate patient examination, taking of radiographs
and reviewing of a patient’s medical and dental history. The bills also require
dental telehealth providers to identify themselves to patients by providing their
state license number. Finally, dental telehealth providers are also prohibited
from attempting to waive liability for telehealth services in advance of delivering
services and are prohibited from attempting to prevent a patient from filing a
complaint with a governmental agency or authority.
The bill appears to be aimed at self-applied treatment for
orthodontia and has some similarities with legislation passed by California in 2019. According to the
bill’s sponsor, the legislation is necessary to protect the public from “unqualified
telehealth providers taking advantage of the public and causing harm to patients
by failing to adhere to recognized standards of care.”