Teledentistry saga concludes: Alabama dental board can't limit clear aligner competition

The Alabama Board of Dental Examiners has agreed to settle Federal Trade Commission charges that it unreasonably excluded online and teledentistry providers from competition, according to a Sept. 28 news release.

The board — a state agency made up of six licensed dentists and one licensed dental hygienist — administers dental licensing in Alabama. Under the new proposed FTC order, the dental board can no longer impede clear aligner platforms, or affiliated dental professionals, from providing clear aligner therapy via remote treatment.

The board has agreed to stop requiring on-site supervision by licensed dentists for alignment scans of patients' mouths seeking to address misaligned teeth or gaps. Scans can now be administered by dental hygienists and other non-dentist practitioners.

In 2017, after startups such as SmileDirectClub and Candid started offering lower-cost clear aligner therapy through teledentistry platforms, the board amended a rule to prohibit dental hygienists and other non-dentist practitioners from performing inner mouth scans without on-site dentist supervision. The complaint alleges that the board unreasonably excluded competition for providers of teledentistry-based teeth alignment products and services, and that it did so without proper supervision from neutral state officials.

The proposed order also requires the board to notify the FTC about any changes to its rules related to intraoral scanning or clear aligners.

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