West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-16 - Teledentistry › Section 5-16-4 - Delivery of Teledentistry

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To
				deliver teledentistry services in this state, one must hold a current, valid
				dental or dental hygiene license or registration issued by the Board. The
				practice of dentistry occurs where the patient is located at the time
				teledentistry services are provided.
4.2. No person shall practice teledentistry
				unless a bona fide practitioner-patient relationship is established. A bona
				fide practitioner-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 by 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; (iv) initiated additional diagnostic tests or referrals as
				needed; or (v) through audio only calls or conversations that occur in real
				time. 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 twelve months prior to
				the initiation of teledentistry and the patient's dental records of such
				examination have been reviewed by the practitioner providing
				teledentistry.
4.3. No person shall
				deliver dental services in this state through teledentistry unless he or she
				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 state
				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 licensed
				dentist who actually practices dentistry in an area the patient can readily
				access; and (v) provisions for the use of appropriate encryption when
				transmitting patient health information via teledentistry. 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 applicable federal or state laws or
				regulations. All patients receiving dental services through teledentistry shall
				have the right to speak or communicate with the licensed dentist providing such
				services upon request.
4.4. Nothing
				in this section shall be construed to alter the scope of practice of any
				licensed dentist or dental hygienist or to authorize the delivery of health
				care services in a setting, or in a manner, not authorized by law. Licensees or
				registrants delivering teledentistry services in this State shall comply with
				all rules of professional conduct and state and federal statutes and
				regulations relevant to dentistry and dental hygiene. Teledentistry encounters
				shall be held to the same standard of care as a traditional in-person patient
				encounter.
4.5. A patient in this
				State may be treated via teledentistry by (i) a dentist licensed or registered
				by the Board; (ii) a dental hygienist who is licensed or registered by the
				Board and is either supervised by, and has delegated authority from, a dentist
				licensed or registered by the Board; or (iii) a dental hygienist who is
				licensed by the Board and holds a General Supervision or Public Health Practice
				Permit.
4.6. In providing
				teledentistry serivces, a licensee or registrant shall, to the extent possible:
4.6.1. Confirm the identity of the requesting
				patient;
4.6.2. Collect the
				patient's health history;
4.6.3.
				Disclose the licensee's or registrant's identity, applicable credentials, and
				contact information including a current phone number; and
4.6.4. Obtain an appropriate informed consent
				from the requesting patient after disclosures have been made regarding the
				delivery models and treatment methods and limitations, to include any special
				informed consents regarding the use of teledentistry services. At a minimum,
				the informed consent shall inform the patient or legal guardian and document
				acknowledgment of the risk and limitations of:
4.6.4.a. The use of electronic and
				communications in the provision of care;
4.6.4.b. The potential for breach of
				confidentiality, or inadvertent access, of protected health information using
				electronic and digital communication in the provision of care;
4.6.4.c. The potential disruption of
				electronic and digital communication in the use of teledentistry;
4.6.4.d. The types of activities permitted
				using teledentistry services;
4.6.4.e. The patient or legal guardian's
				understanding that it is the role of the licensee or registrant to determine
				whether the condition being diagnosed or treated is appropriate for a
				teledentistry encounter; and
4.6.4.f. A requirement for explicit patient
				or legal guardian consent to forward patient-identifiable information to a
				third party.