DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 460 Original 2020 Regular Session Turner
Abstract: Provides for direct to consumer dental laboratory services to be deemed dentistry and
procedures which may be performed by patients and establishes a dentist-patient relationship
shall exist for such services to be performed.
Proposed law provides that direct to consumer dental laboratory services shall be defined as the use
of an asynchronous store and forward transfer or a synchronous interaction to instruct a patient to
perform a dental procedure provided for in present law, including but not limited to taking
impressions or digital scans of the human teeth.
Proposed law provides that direct to consumer dental services is deemed to be dentistry and that such
services shall not be provided unless a dentist has established a dentist-patient relationship and the
dentist is licensed in this state.
Proposed law provides that a dentist-patient relationship shall exist when one or more of the
following actions occurs:
(1) The dentist reviews the patient's dental and medical records and performs an in-person
clinical examination. Such clinical examination may include an evaluation and recording of
dental caries, unerupted teeth, restoration, existing prostheses, occlusal teeth, extraoral and
intraoral hard and soft tissue anomalies, and periodontal conditions. Such review and
examination shall occur prior to the initial diagnosis and correction of malpositions of human
teeth or use of orthodontic appliances. Further provides that the dentist reviews the patient's
most recent diagnostic digital or conventional radiographs, including panoramic X-ray,
cephalometric X-ray, or other equivalent bone images. Such review shall occur prior to any
initial diagnosis and correction of malpositions of human teeth or the use of orthodontic
appliances.
(2) Treatment is provided in consultation with a referring dentist who has already established a
dentist-patient relationship and has agreed to supervise the patient's treatment, including but
not limited to any follow-up care and use of prescribed medications.
(3) An on-call or cross-coverage situation exists with the patient's treating dentist.
(4) The dentist has established a professional or personal relationship with the patient and is
aware of the patient's dental and medical records. Proposed law provides that a dentist licensed in La. shall not provide a patient with an agreement
that limits the ability of the patient to bring legal action or file a complaint with the La. State Board
of Dentistry.
Proposed law provides that any dentist who does establish a dentist-patient relationship prior to
providing direct to consumer dental laboratory services shall be subject to disciplinary action by the
La. State Board of Dentistry.
(Adds R.S. 37:799)