High court decision could affect state medical boards
The U.S. Supreme Court yesterday ruled that the North Carolina state dental board does not have the authority to regulate teeth-whitening businesses. In a 6-3 decision, the justices found the North Carolina Board of Dental Examiners, which is comprised mostly of dentists, illegally quashed competition from non-dentists who sought to open teeth-whitening shops in the state. The decision, which upheld a lower court’s ruling, may have ramifications for other state-established boards that regulate a wide range of professions.
Dental whitening has grown into a multibillion-dollar business and the struggle over who should be allowed to bleach teeth has been playing out in many states in recent years. Many dentists offer these services, but do-it-yourself teeth-whitening kits are available in pharmacies. In some states, retail salons and mall kiosks also offer teeth-whitening. Dental organizations back restrictions on non-dentist providers, arguing that the retailers are practicing dentistry without a license and contending they could be putting customers at risk.
In at least 25 states, dental boards have taken steps to shut down these establishments, according to a report by the Institute for Justice. Since 2005, at least 14 states have changed their laws and regulations and now ban all but licensed dentists, hygienists, and assistants from performing teeth-whitening procedures.