4715-23-03. Requirements for obtaining informed consent  


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  • (A) When services are provided under a teledentistry permit and the patient is not examined in person by the authorizing dentist, informed consent must be obtained before the placement of interim therapeutic restorations or the application of silver diamine fluoride.

    (B) To obtain informed consent, the authorizing dentist must:

    (1) Determine that the patient is mentally capable of giving informed consent to the provision of the diagnosis, care, or treatment and is not subject to duress or under undue influence,

    (2) Inform the patient that the authorizing dentist will perform a clinical evaluation and diagnosis of caries through teledentistry,

    (3) For the application of silver diamine fluoride,

    (a) Inform the patient of the potential for staining teeth by providing color photos of the result of application,

    (b) Inform the patient that application is permanent and may only be reversed through loss or restoration of the tooth,

    (c) Inquire whether the patient has an allergy to silver, and

    (d) Inform the patient that the treatment will require active monitoring and possible reapplication.

    (4) Explain alternatives to, and the capabilities and limitations of, teledentistry,

    (5) Explain that the patient may decline to receive services through teledentistry,

    (6) Document in the patient record any discussion with the patient about teledentistry and whether informed consent was obtained, and

    (7) Comply with the requirements set forth in division (B) of section 4715.431 of the Revised Code.

    (C) If the patient is less than eighteen years of age, a parent or legal guardian must provide informed consent for the patient and meet the same requirements as provided in paragraph (B) of this rule.


Effective: 5/30/2020
Five Year Review (FYR) Dates: 05/30/2020
Promulgated Under: 119.03
Statutory Authority: 4715.03, 4715.436
Rule Amplifies: 4715.43