Nearly everyone has heard the term "practicing dentistry" and most certainly the term "practicing dentistry without a license" thrown about in the media, whether it be on in the internet, on television, or in the newspaper. What is not covered in the same space is what "practicing dentistry" is according to the law. The cosmetic teeth whitening industry has had some sensationalist "news stories" reported about it but without ever really defining anything.
A quick Google search will not yield any relevant results. What is needed is a search for the Dental Practice Act of California, which can be found on the Dental Board of California's website. According to the Dental Practice Act of California:
1625. Dentistry is the diagnosis or treatment, by surgery or other method, of diseases and lesions and the correction of malpositions of the human teeth, alveolar process, gums, jaws, or associated structures; and such diagnosis or treatment may include all necessary related procedures as well as the use of drugs, anesthetic agents, and physical evaluation. Without limiting the foregoing, a person practices dentistry within the meaning of this chapter who does any one or more of the following:
(a) By card, circular, pamphlet, newspaper or in any other way advertises himself or represents himself to be a dentist.
(b) Performs, or offers to perform, an operation or diagnosis of any kind, or treats diseases or lesions of the human teeth, alveolar process, gums, jaws, or associated structures, or corrects malposed positions thereof.
(c) In any way indicates that he will perform by himself or his agents or servants any operation upon the human teeth, alveolar process, gums, jaws, or associated structures, or in any way indicates that he will construct, alter, repair, or sell any bridge, crown, denture or other prosthetic appliance or orthodontic appliance.
(d) Makes, or offers to make, an examination of, with the intent to perform or cause to be performed any operation on the human teeth, alveolar process, gums, jaws, or associated structures.
(e) Manages or conducts as manager, proprietor, conductor, lessor, or otherwise, a place where dental operations are performed.
Now that we know what it means to be practicing dentistry, we can ascertain whether or not cosmetic teeth whitening is legally considered to be practicing dentistry. Companies or places of business that offer teeth whitening are not practicing dentistry without a license as long as the following conditions are met:
1). They do not advertise or represent themselves to be a dentist.
2). They do not performs, or offer to perform, an operation or diagnosis of any kind, or treat diseases or lesions of the human teeth, alveolar process, gums, jaws, or associated structures, and do not try correct any misalignment of the teeth (i.e. installing braces, invisalign, or any other corrective procedure).
3). Performs an examination with the intent to perform the afforementioned dental procedures.
Another stipulation that was not covered in the previously mentioned law is touching the mouth. Teeth whitening companies or technicians may not touch anyone's mouth. If a teeth whitening company or technician is placing a whitening tray in your mouth, takes the tray out of your mouth, or even places the teeth whitening light up to your mouth and turns it on, or pulls it away and turns it off, technically, he/she is practicing dentistry.
