DT News - UK - Non-dentists may not perform tooth whitening, County Court rules

Dental Tribune International

Tue. 21 October 2014

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BROMLEY, UK: When beauty therapist Caroline Sumpter from Bromley bought a Megawhite Teeth Whitening Licence from Dentawhite in Glasgow, she was not aware that she was doing something illegal. When she found out, she immediately requested a refund from the company, which she was denied. Last week, the County Court ruled in her favour, reaffirming the law that only registered dentists are permitted to provide teeth whitening.

In their decision, the court agreed with Sumpter’s assertion that she had been sold the licence under the false pretences of not having to be a dentist to carry out the procedure.

Based in Glasgow, Dentawhite sells what it calls advanced laser teeth whitening, a procedure that the company claims is not a dental procedure, as it can be self-administered by customers at home.

The court's verdict could mean an end to so-called whitening technicians seeking to exploit such loopholes in the current law, Dr Nigel Carter, OBE, Chief Executive of the British Dental Health Foundation, said.

He called on the General Dental Council to immediately act against such practices.

“It should not be left to individuals like Ms Sumpter to highlight the illegality of tooth-whitening decisions,” remarked Carter on the case.

The General Dental Council has investigated several individuals for violating the rules since the High Court decided last year that it is illegal for non-dentists to provide tooth-whitening. Just last week, a hygienist from Dundee was prosecuted by the organisation for having carried out such procedures without a valid licence.

“If you are providing dentistry services, you must make sure you have the proper commercial contracts and regulations in place," Dental specialist lawyer Amanda Maskery, a Partner at Newcastle law firm Sintons and Chair of the Association of Specialist Providers to Dentists (ASPD), commented. "If and when in doubt, consult a legal professional to ensure you remain on the right side of the law.”

According to the Dentists Act 1984, only registered dentists, dental hygienists, dental therapists and clinical dental technicians (working to the prescription of a dentist) are allowed to carry out tooth whitening with products containing or releasing between 0.1 and 6 per cent hydrogen peroxide.

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