Texas House bill by Rep. Johnson mandates dentist exams before orthodontic device sales

Passed bill authored by State Rep. Ann Johnson aims to regulate the sale of orthodontic devices by requiring in-person dental exams and counseling to ensure patient awareness and safety, according to the Texas Legislature website.

In the House, 58 Democrats and 33 Republicans voted in favor of the bill, while one Democrat and 48 Republicans opposed it.

Meanwhile, in the Senate, 11 Democrats and 17 Republicans voted in favor, while three Republicans voted against it.

Ann Johnson introduced the bill in the Texas House on Friday, March 7, during the 89th regular legislative session.

Johnson graduated from the University of Texas in 1988 with a BA and again in 2001 from South Texas College of Law Houston with a JD.

Johnson, a Democrat, was elected to the Texas State House in 2021 to represent the state’s 134th House district, replacing previous state representative Sarah Davis.

According to the Texas Legislature, the bill’s official text was summarized as follows: ‘Relating to the sale, design, and manufacture of orthodontic devices’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, the bill mandates that orthodontic devices in Texas, excluding retainers, cannot be sold or custom-designed unless certain conditions are met. It stipulates that a licensed dentist must conduct an in-person oral examination, review diagnostic imaging, and provide a prescription before any orthodontic device is sold. Additionally, patients must receive counseling on treatment options and associated risks, verified by the patient’s written acknowledgment. Records of these services must be maintained for at least seven years. The legislation prohibits dentists from forcing patients to choose a specific device as a treatment prerequisite. The act takes effect Sept. 1, 2025, and applies to devices sold or designed from that date forward.

The bill was co-authored by Rep. Trent Ashby (Republican – District 9), Rep. Drew Darby (Republican – District 72), and Rep. E. Sam Harless (Republican – District 126), along with two other authors.

The bill received its final legislative approval on Tuesday, May 27, and was filed without the Governor’s signature on Friday, June 20.

Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.

You can read more about the bills and other measures here.