House Bill 567 (AS PASSED HOUSE AND SENATE)
By: Representatives Dempsey of the 13th, Hatchett of the 155th, Hawkins of the 27th, Buckner
of the 137th, and Taylor of the 173rd
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated,
relating to licenses for the practice of dentistry, so as to authorize and regulate teledentistry
by licensed dentists in this state; to provide for definitions; to provide for exemptions and
conditions; to provide for authorized practices; to provide for a referred dentist; to provide
for ownership of documents; to provide for a limited number of dental hygienists to perform
teledentistry under certain conditions; to provide for rules and regulations; to amend Article 1
of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general
provisions of insurance, so as to allow for coverage of dental services provided through
teledentistry; to provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to
licenses for the practice of dentistry, is amended by adding a new Code section to read as
follows:
<ins>"43-11-54.
(a) As used in this Code section, the term:
(1) 'Authorizing dentist' means a dentist licensed by and in good standing with the board
and practicing in the State of Georgia.
(2) 'Dental hygienist' means a licensed dental hygienist in good standing with the board
who meets the requirements to perform the specific dental hygiene functions permitted
under general supervision under Code Section 43-11-74.
(3) 'Digital scan' means a computer generated replica of the hard and soft tissues of the
oral cavity created with digital technology and enhanced digital photography.
(4) 'Direct supervision' shall have the same meaning as set forth in Code Section
43-l1-74.
(5) 'General supervision' shall have the same meaning as set forth in Code Section
43-11-74.
(6) 'Referred dentist' means a dentist licensed by and in good standing with the board
practicing in this state to provide in-person dental treatment to patients receiving dental
care through a teledentistry interaction under this Code section.
(7) 'Store and forward technologies' means technologies that allow for the electronic
transmission of dental and health information, including images, photographs,
documents, and health histories, through a secure communication system.
(8) 'Synchronous, real-time communication' means a live, two-way interaction between
the authorizing dentist and a dental hygienist or patient permitted under this Code section
using audiovisual telecommunications technology but shall not constitute direct
supervision for the purposes of Code Section 43-l1-74 and the practice of dentistry in this
state.
(9) 'Teledentistry' means the delivery of dental care through the use of synchronous,
real-time communication in conjunction with and supported by store and forward
technologies under the general supervision of the authorizing dentist when dental care is
</ins>
<ins>provided to a patient physically located at a site in this state that is different from the site
where the authorizing dentist is physically located. A teledentistry interaction shall not
constitute or be considered the equivalent of an in-person, clinical examination by a
licensed dentist.
(b) No licensed dentist in this state shall provide dental care through teledentistry except
under the conditions specified in this Code section.
(c) A licensed dentist who intends to provide dental care through teledentistry pursuant to
this Code section shall notify the board of such intent and provide written documentation
evidencing that such dentist has:
(1) A physical office for the provision of dental services in this state; and
(2) Established a referral relationship with a referred dentist who practices dentistry and
treats patients in a physical and operational dental office located in this state.
Such dentist shall provide other reasonably pertinent information as prescribed by the
board.
(d) Subject to the conditions specified in subsection (e) of this Code section, an
authorizing dentist shall only be allowed to:
(1) Authorize a dental hygienist to perform the specific dental hygiene functions
permitted under general supervision in accordance with the requirements of Code Section
43-11-74, except as otherwise provided in paragraph (1) of subsection (e) of this Code
section;
(2) Prescribe a medication that is not a controlled substance for a patient receiving dental
care through a teledentistry interaction;
(3) Authorize the performance of digital scans by a dentist or dental hygienist;
(4) Authorize the use of store and forward technologies to transmit patient records,
images, digital scans, X-rays, and other relevant health information between the
authorizing dentist and a dental hygienist for the purposes of evaluating a patient's oral
health condition and authorizing the performance of dental care permitted under this
</ins>
<ins>Code section. The authorizing dentist shall be the custodian of all patient records for the
purposes of this Code section unless the patient is treated by a referred dentist. In such
instance, the referred dentist shall be the custodian of the patient's records associated with
the dental care the referred dentist provides to the patient, and such referred dentist shall
furnish copies of these records to the authorizing dentist;
(5) Provide consultation to another provider regarding the patient's care; and
(6) Provide the following teledentistry services that are appropriately delivered without
an in-person clinical examination:
(A) Emergency evaluation;
(B) Rendering second opinions; and
(C) Assessment, diagnosis, consultation, treatment, and monitoring of a patient.
Teledentistry services described in this paragraph do not include orthodontics, delivering
of dental appliances, or the supervision of a dental hygienist.
(e) Authorizing and referring dentists as well as those acting under their supervision shall
be subject to the following conditions when providing dental care through teledentistry as
authorized in subsection (d) of this Code section:
(1) Teledentistry services shall be consistent with how dental treatment is provided in
person and shall adhere to the standards of appropriate patient care required in other
dental care settings, including, but not limited to, appropriate patient examination, the
taking and review of X-rays, and review of a patient's medical and dental history;
(2)(A) Initial consultations with new patients may be conducted via teledentistry,
provided that the authorizing dentist establishes a bona fide dentist-patient relationship
by reviewing the patient's medical and dental history and verifying the patient's identity
and physical location to ensure the patient is physically located in this state when dental
care is provided and shall obtain the requisite consent from a parent or guardian if the
patient is a minor.
</ins>
<ins>(B) An in-person clinical examination shall be performed immediately prior to
providing or authorizing services or treatments to patients that are not reversible or that
otherwise result in increased risk to the patient. For ongoing dentist-patient
relationships, dentists shall strongly encourage patients to be seen in person at least
annually.
(3) The authorizing dentist shall prepare a written authorization, which shall be given to
the patient and included in the patient's record, providing the name and license number
of the authorizing dentist and the name and license number of the dental hygienist
treating the patient during the teledentistry interaction, as well as any other information
the authorizing dentist or board deems appropriate;
(4) Prior to first performing teledentistry services, and at least annually thereafter,
informed consent shall be obtained from the patient, or from the parent or guardian if the
patient is a minor, explaining the alternatives to and the capabilities and limitations of
teledentistry, which shall include a written statement advising that a teledentistry
interaction is not equivalent to an in-person clinical examination and that the authorizing
dentist shall not be physically present during the delivery of dental care. Such informed
consent shall also be documented and included in the patient's record;
(5) The authorizing dentist shall provide dental services through teledentistry only if
such dental services are appropriate for the patient, as determined by such authorizing
dentist;
(6)(A) The authorizing dentist shall provide the name, license number, office mailing
address, and office phone number of the referred dentist to the patient after each
teledentistry interaction.
(B) The referred dentist shall accept a referral to treat all dental emergencies and
provide all necessary dental care, as determined by and in consultation with the
authorizing dentist.
</ins>
<ins>(7)(A) An authorizing dentist may only authorize up to four dental hygienists to
perform the functions permitted in subsection (d) of this Code section at any one time.
This requirement shall not apply to the performance of dental hygiene duties by
personnel of the Department of Public Health or county boards of health.
(B) A dental hygienist performing the functions permitted in subsection (d) of this
Code section via teledentistry shall have at least two years of experience in the practice
of dental hygiene, shall be in compliance with continuing education requirements
pursuant to Code Section 43-11-73.1 and cardiopulmonary resuscitation certification
requirements contained in Code Section 43-11-73, and shall be licensed in good
standing.
(C) A dental hygienist practicing under general supervision via teledentistry pursuant
to this Code section shall maintain professional liability insurance in accordance with
board rules and regulations; provided, however, that this subparagraph shall not apply
to an entity covered under sovereign immunity;
(8) No authorizing dentist or dental hygienist shall attempt to waive liability for
teledentistry services in advance of delivering such services, and no authorizing dentist
or dental hygienist shall attempt to prevent a patient from filing any complaint with any
governmental agency or authority relating to the provision of dental care through
teledentistry; and
(9) The authorizing dentist shall ensure that the use of teledentistry complies with the
privacy and security requirements of the federal Health Insurance Portability and
Accountability Act of 1996, in effect on January 1, 2025, as well as those of Chapter 33
of Title 31.
(f) Nothing in this Code section shall be construed to:
(1) Require a licensed dentist in this state to practice teledentistry;
(2) Require a licensed dentist to authorize a dental hygienist to perform the functions
permitted in this Code section via teledentistry;
</ins>
<ins>(3) Require a school or facility receiving dental hygiene services provided pursuant to
subsection (h) or (i) of Code Section 43-ll-74 to purchase any equipment to provide
dental care through teledentistry; or
(4) Expand the scope of practice for dental hygienists or establish independent dental
hygiene practice.
(g) The board shall promulgate rules and regulations that are reasonably necessary to
implement the provisions of this Code section."
</ins> SECTION 2.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to
general provisions of insurance, is amended by revising Code Section 33-24-59.15 as
follows:
"33-24-59.15.
(a) As used in this Code section:
<ins>(1) 'Care management organization' shall have the same meaning as set forth in Code
Section 33-21A-2.
</ins> <del>(1)(2)</del> 'Covered dental services' means dental care services for which a reimbursement
is available under a covered person's dental benefit plan, or for which a reimbursement
would be available but for the application of contractual limitations such as deductibles,
copayments, coinsurance, waiting periods, annual or lifetime maximums, frequency
limitations, alternative benefit payments, or any other limitation.
<del>(2)(3)</del> 'Covered person' means any subscriber, enrollee, member, beneficiary, or
participant, or his or her dependent, for whom benefits are payable when that covered
person receives dental care services rendered or authorized by a dentist licensed under
Chapter 11 of Title 43.
<del>(3)(4)</del> 'Dental benefit plan' means any individual or group plan, policy, contract, or
subscription agreement which includes or is for dental care services that is issued,
delivered, issued for delivery, or renewed in this state whether by a <del>health care</del> <ins>healthcare
</ins> insurer, health maintenance organization, preferred provider organization, accident and
sickness insurer, fraternal benefit society, <del>health care</del> <ins>healthcare</ins> plan, or any other person,
firm, corporation, joint venture, or other similar business entity that pays for, purchases,
or furnishes dental care services to patients, insureds, beneficiaries, or covered
dependents in this state.
<del>(4)(5)</del> 'Dental insurer' means any person, firm, corporation, joint venture, or other similar
business entity that offers dental benefit plans in consideration of periodic payments.
(b) No contract between a dental insurer and a dentist shall require a dentist to accept an
amount set by the dental insurer as payment for dental care services that are not covered
dental services under the covered person's dental benefit plan.
(c) A dental insurer or other person or entity providing third-party administrator services
shall not make available any providers in its dentist network to a plan that sets dental fees
for any services except covered services.
(d) A dental insurer shall not draft, publish, disseminate, or circulate explanation of benefit
forms that include language which directly or indirectly implies that a dentist may or
should extend discounts to patients for noncovered dental services. Statements by a dental
insurer which are prohibited by this Code section include but are not limited to, 'Our
members value the services you provide and we encourage you to continue extending the
discount on noncovered services.
<ins>(e) Any dental benefit plan issued, amended, or renewed on or after January 1, 2026,
between a dental insurer, contracted vendor thereof, or a care management organization
and a healthcare provider for the provision of healthcare services to a plan enrollee may
provide coverage for the cost of dental care provided through teledentistry as directed
through regulations promulgated by the Commissioner.
(f) A dental insurer, contracted vendor thereof, or care management organization shall not:
</ins>
<ins>(1) Exclude a service appropriately provided through teledentistry from coverage solely
because the service is provided through teledentistry and is not provided through
in-person consultation or contact between an authorizing dentist and a patient; or
(2) Require its insureds to receive dental care through teledentistry in lieu of an
in-person, clinical examination."
</ins> SECTION 3.
This Act shall become effective on January 1, 2026.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.