ORTHO Act
Sponsored By: Representative Babin, Brian [R-TX-36]
Introduced
Summary
Would require an in-person dental exam before teledentistry and set federal rules on when remote dental services and devices may be used, with narrow exceptions and shared enforcement by the FTC and states.
Show full summary
- Patients and families: Most remote dental services would need an in-person exam first, with three narrow exceptions for emergency care, public health programs, and certain initial orthodontic evaluations.
- Dentists and orthodontists: Remote diagnosis may establish a patient relationship for tooth misalignment, but the dentist must make or affirm the diagnosis using independent judgment and confirm it in person with radiographic review before an orthodontic appliance is used.
- Regulators and state enforcers: The Federal Trade Commission would write rules within 180 days and enforce violations under the FTC Act. States could sue on behalf of residents and seek at least $1,000 per violation, up to three times that amount for willful breaches, and courts may award attorney fees.
*Net effect: would create a federal safety framework that limits most teledentistry, requires in-person confirmation for orthodontic appliances, and adds FTC and state enforcement tools.*
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
New rules for teledentistry care
This bill would require the FTC to write rules within 180 days that generally force a dentist to do an in-person exam before giving dental care or a dental device by teledentistry. There are three narrow exceptions, including emergency care and some public health programs. Any initial teledentistry diagnosis that says you need an orthodontic appliance would have to come from a dentist using independent clinical judgment and be confirmed in person with any X-rays before you start the appliance. The bill would also define key terms like "teledentistry," "asynchronous transmission," "dentist," and "emergent care."
New enforcement and damages for teledentistry
This bill would let the FTC treat violations of the teledentistry in-person-exam rule as unfair or deceptive acts and use its normal enforcement powers. It would also let State attorneys general sue in federal court for violations on behalf of residents. States could get $1,000 for each violating remote visit or service, and courts could increase awards up to three times if the violation was willful and knowing. States must notify the FTC before or when they file, and the FTC could intervene in those suits.
Sponsors & CoSponsors
Sponsor
Babin, Brian [R-TX-36]
TX • R
Cosponsors
Rep. Joyce, John [R-PA-13]
PA • R
Sponsored 7/23/2026
Rep. Van Drew, Jefferson [R-NJ-2]
NJ • R
Sponsored 7/23/2026
Rep. Gosar, Paul A. [R-AZ-9]
AZ • R
Sponsored 7/23/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov