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Guest Opinions

Idaho bill protects patients from do-it-yourself dentistry

BIZ WRK-DENTISTRY 2 SA
In a guest opinion, Meridian orthodontist writes that new legislation in Idaho preserves patients’ rights. MCT

As a practicing orthodontist in Meridian for over 22 years, I wanted to comment on the guest opinion “Idaho dentists urge governor to veto bill that limits teledentistry” on March 23. Their opinion lacked the facts needed for readers to be able to form an informed opinion.

Idaho Senate Bill 1295 was brought to the Legislature because Smile Direct Club and others are attempting to provide orthodontic treatment using a do-it-yourself approach. An individual sends in an impression of their teeth to the company, and supposedly a licensed nameless dentist evaluates and approves the case for treatment then mails them aligners without ever having done an examination to evaluate the health of the teeth, gums and surrounding bone.

Treatment without X-rays or even an evaluation for cavities or gum disease can lead to problems during orthodontic treatment.

Patients being treated using this DIY approach do not have follow-up or supervision during treatment and have no recourse when things go wrong. They are not able to communicate with their treating dentist directly. In fact, in most cases they do not even know the name or contact information of their “supervising dentist.” To make matters worse, when a patient chooses to be treated by some of these companies, they are required to sign away their rights to sue the company should treatment go wrong. They are required to sign a non-disclosure agreement that they will not disclose contents of the contract they are signing or they will face legal action.

These direct-to-consumer companies claim they are trying to increase “access to care” and make treatment more affordable for everyone. These warm and fuzzy buzzwords should come with some huge warning labels regarding the dangers of the DIY approach to orthodontic treatment.

The House and Senate both passed the Idaho Bill 1295 despite heavy lobbying pressure from the corporations that if passed will have to significantly alter the way they can do business in Idaho. They will finally be held to the same standard of care of all the orthodontists licensed in our state use when treating a patient. Idaho citizens deserve this level of care and treatment and this bill will provide the level of protection Idaho patients deserve.

Bill 1295 has three very basic requirements:

1) Prior to providing any teledentistry services, a dentist must provide the patient with his name contact information

2) They cannot directly or through the use of telehealth perform orthodontics without an in-person exam and review of the patient’s most recent X-rays. Or, a review of the patient’s records from an in-person comprehensive oral examination conducted within the prior six months by a licensed dentist and review of the patient’s most recent X-rays

3) Company cannot require a patient to sign an agreement limiting their rights to file a complaint with the board or sue for poor results.

Dr. Ben Bowen and Dr. Kenneth Wolf should enlighten readers on how they are currently utilizing teledentistry in their practice and how it will actually be negatively affected by this bill. Reading their opinion letter sounds like it was written by professional lobbyists for the companies providing DIY orthodontics who they must certainly work for.

I find no convincing reasons any of the contents of this bill will negatively affect a dentist who is actually following the standard of care taught to us in dental school. This bill, on the other hand, does contain very important provisions for protecting the patients of Idaho from harm by engaging in potential treatments that do not meet the current standard of care.

Dr. Greg Guymon served as past president of the Southwest Idaho Dental Association and Idaho State Orthodontic Association. He has orthodontic offices in Meridian, Nampa, Star and Kuna and has over 22 years of experience.
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