Teledentistry and HIPAA: What the Temporary Waivers Mean and What Stays

HHS announced in March that it would exercise enforcement discretion for telehealth during the COVID-19 public health emergency. This means providers can use consumer communication tools (FaceTime, Skype, Zoom) for telehealth without fear of HIPAA penalties, provided they act in good faith.

This was necessary and appropriate for the emergency. But it's temporary. When the public health emergency ends, the waivers end. Practices building teledentistry programs need to think beyond the pandemic.

What the Waivers Allow (Temporarily)

• Use of non-HIPAA-compliant communication tools (FaceTime, Skype, consumer Zoom)
• Telehealth from non-secure locations (provider's home, for example)
• Reduced documentation requirements for telehealth visits
• Relaxed patient consent requirements for telehealth

What the Waivers Don't Change

• You still need to protect patient data to the best of your ability
• You still can't use public-facing platforms (TikTok, Facebook Live) for patient care
• You still need to document care provided
• Standard of care requirements haven't changed
• State dental board regulations may have additional requirements

Building a Sustainable Teledentistry Program

If teledentistry is going to be part of your practice beyond the pandemic (and it should be), build it right:

Choose a HIPAA-Compliant Platform

Purpose-built telehealth platforms offer:

• HIPAA compliance with signed BAA
• End-to-end encryption
• Patient scheduling integration
• Consent documentation
• Session recording (with proper storage)

Options include Doxy.me (free tier available), TeleDent by MouthWatch, Dentulu, and Zoom for Healthcare.

Document Your Policies

• Which services are appropriate for teledentistry vs. in-person?
• How do you verify patient identity remotely?
• How do you obtain and document informed consent?
• Where are telehealth records stored?
• What is the follow-up process for teledentistry visits?

Train Your Team

Teledentistry is a different workflow. Train staff on: the technology platform, patient communication protocols, documentation requirements, and troubleshooting common technical issues.

Address State Regulations

Many states have expanded teledentistry permissions during COVID-19, but permanent regulations vary. Check with your state dental board about licensing, scope of practice, and documentation requirements for teledentistry.

The Future

Teledentistry was accelerated by necessity, but it's here to stay. Patients appreciate the convenience. Practices benefit from expanded access and reduced no-shows. Building it on a HIPAA-compliant foundation now means you won't have to scramble when the waivers expire.