I completely agree with the concerns for patient's well being. As a minimum, it should be established that "a dental scan to make a dental appliance is a dental procedure" as was established in Georgia. This already has precedent and is an obvious statement that needs to be established in VA.
The treatment rendered by the companies with this new aligner modality will put patients at risk more than 50% of the time because the most common patient seeking this treatment has deep bites with more lower crowding than upper. This will lead to the anterior dentition proclining and premature anterior contact. The deep bites are very difficult to correct without monitoring. This will lead to fremitus, anterior wear and potential periodontal concerns.
Having no patient doctor interaction is asking for problems and may put the board at risk. Why didn't the board protect these patients when they knew what was going on? This is a serious ethical consideration for the board to consider.