The United States Plans to Regulate Remote Orthodontics: In-Person Consultation and X-Ray Review Required Before Initiation, Violators May Face Legal Action

Source: Office of Brian Babin Official Website

DentalGoodNews | On July 22, 2026, U.S. Representative Brian Babin from Texas introduced the "Oversight of Responsible Teledentistry for Healthy Outcomes Act" (ORTHO Act, H.R. 9829) to Congress. The bill requires that a face-to-face oral examination and X-ray review be completed before initiating remote orthodontic treatment. It also authorizes the Federal Trade Commission (FTC) and state attorneys general to take enforcement actions against violations. The American Association of Orthodontists (AAO) expressed support for this measure.

The core constraint of the bill focuses on the entry point of orthodontic treatment: except for emergencies, public health programs, and orthodontic preliminary diagnoses, dentists must complete an in-person examination before providing services via teledentistry. For orthodontic preliminary diagnoses and assessments of appliance needs, dentists must rely on independent clinical judgment, conduct an on-site confirmation, and review X-rays before patients begin using orthodontic appliances. On the enforcement front, the bill authorizes the FTC and state attorneys general to take action against violations. State attorneys general can file civil lawsuits on behalf of residents and seek damages, creating a dual framework of regulatory oversight and civil remedies.

Source: ORTHO Act

AAO President Mike Durbin stated in a release that teledentistry and artificial intelligence are reshaping healthcare delivery models, but the foundation must be patient safety and professional accountability. He noted that the ORTHO Act establishes patient safety standards, requiring orthodontic treatment to be based on in-person clinical examinations, appropriate diagnostic records, and clinical judgment from licensed medical professionals, promoting responsible innovation while protecting patient rights.

According to Babin, who has practiced dentistry for over 40 years and currently chairs the House Committee on Science, Space, and Technology, convenience should not come at the expense of patient safety. Conducting a comprehensive clinical examination before initiating major orthodontic treatment is a key insight from his years of practice. The bill has been referred to the House Committee on Energy and Commerce for review.