I think yes he can charge you. D9310 is consultaion- diagnostic service provided by dentist or physician other than requesting dentist or physician. It means a patient encounter with a practitioner whose option or advice regarding evaluation and or management of a specific problem may be requested by another practitioner. The consultation includes an oral evaluation. The consulted practitioner may initiate diagnostic and/or therapeutic services. So if it was done they will charge for it. And your first dentist may have requested it to be done.