Dear Ms. Sacksteder and Members of the Board of Dentistry:

On behalf of the Virginia Dental Association (VDA), I would like to submit the following comments regarding the proposed regulations governing the practice of Digital Scan Technicians. The VDA was pleased to work on and support this legislation through its passage in 2020 and supports the overall intent of the regulations. We do, however, have two points for which we seek clarification from the Board.

First, under the proposed 18VAC60-21-165 A.2. regarding training programs. A.2. provides the opportunity for “in-office training by the manufacturer…” to be acceptable to the Board as meeting the requirement for training of digital scan technicians. The VDA would like to clarify that this provision would not require a human representative from the manufacturer to be physically present in the office and only require the digital scan technician to be in the office while receiving the training.

Most manufacturers provide online training modules that allow the technicians to be trained in-office via electronic means. Given the logistical difficulty of requiring human representatives from the manufacturers visit each dental practice all around the state, the VDA seeks to ensure the efficiency of this electronic training flexibility is available to digital scan technicians in Virginia.

Second, the VDA would like to request a reasonable timeframe for retention of records requirement in 18VAC60-21-165 D.3. As the regulation is currently drafted, dentists would need to retain work orders used for digital scans indefinitely. The VDA would respectfully request a period of three (3) years for retention of written or electronic work orders. This requirement would be consistent with § 54.1-2719, in which a dentist is required to maintain copies of work orders for appliance construction or repair for three years.

Thank you for the opportunity to provide comments on these proposed regulations. If you have any questions, please do not hesitate to contact me for further information or discussion.

Sincerely,

Ryan Dunn

CEO, Virginia Dental Association