Last week, the Tennessee Board of Dentistry unanimously approved a policy to clarify the current rule governing clinical techniques for teeth whitening. The Board's interpretation of the statutes and rules limits the prescribing and dispensing of teeth whitening gels or pastes to licensed dentists, or licensed dental hygienists and registered dental assistants under the direct supervision of a licensed dentist.

The ruling, which became effective January 8, 2009, came at the recommendation of a board committee tasked with research of the procedure as performed by non-dental professionals. The board began to closely examine the issue following numerous inquiries related to kiosks that began opening throughout the state, particularly in shopping malls. The policy has no impact on over-the-counter teeth whitening products available to consumers in retail locations for take-home use.

"The board determined based on its research and legal opinion that prescribing and dispensing teeth whitening formulations is the practice of dentistry," said Libby Miller, director of health related boards for the state Department of Health. "To ensure the safety of the public, the board ruled that only licensed dental professionals should be authorized to apply teeth whitening formulations to patients."

Any person who takes a dental impression of another person or who performs any phase of any operation related to teeth whitening will be deemed as engaging in the practice of dentistry. Those permitted to practice dentistry in the state of Tennessee are licensed dentists, and licensed dental hygienists and registered dental assistants who are under the direct supervision of a licensed dentist.

Those found to be practicing dentistry without a license will be subject to all legal action available to the State including but not limited to disciplinary action by the board. Disciplinary action for the unlicensed practice of dentistry can include monetary penalties of up to $1,000 per day, per violation.

The Tennessee Board of Dentistry Web site is health.state.tn.us/Boards/Dentistry/index.htm.

The Tennessee Board of Dentistry