Non-Dentist Teeth Whitening: Did Dental Board Overstep Its Bounds?

Non-Dentist Teeth Whitening: Did Dental Board Overstep Its Bounds?In North Carolina, the State Board of Dental Examiners has to stop telling non-dentists that it is illegal to provide teeth-whitening products or services in their state.

In a unanimous opinion and final order issued by the Federal Trade Commission, it was determined that the North Carolina State Board of Dental Examiners acted illegally when they pushed to bar non-dentist providers of teeth-whitening products and services from selling their products to consumers in North Carolina, as reported in the Wall Street Journal.

The original complaint stems from the dental board sending dozens of letters telling non-dentist teeth-whitening providers that they were practicing dentistry illegally and ordered them to stop. According to the WSJ, the board also allegedly threatened non-dentists who were considering opening teeth-whitening businesses. The board also sent letters to mall owners and property management companies urging them not to lease space to non-dentist teeth-whitening providers.

The final order upholds an initial decision by Chief Administrative Law Judge D. Michael Chappell in July and adopts Chappell’s order with minor changes.

To read the full story see: FTC: N.C. Dental Board Thwarted Teeth-Whitening Competition

How to Become Recognized as THE Cosmetic Dentist Part 1

Dr  Harvey Silverman As you know “cosmetic dentistry” is not a recognized specialty. That creates an interesting challenge for dentists who truly want to be recognized as providing outstanding cosmetic dental care.

Taking CE courses and affiliating yourself with an established aesthetic dental society is one step – but that does not help brand you as a cosmetic dentist. So the question remains — How do you stand out in the crowd in a professional, ethical way?

I don’t know how you feel about “selling” dentistry.

I personally am not comfortable with selling anything. If I liked to sell I would have gone into a different vocation. However I realize that a successful practice is based upon providing services that can benefit our patients.

That’s why I developed the following 3 Step No Selling strategy -

1. Inform.
Too often, it’s the little things we don’t do that can have a negative result in case acceptance. Putting more emphasis on informing your patients about the changes in their oral health, new products and supporting research can greatly influence their confidence in you.

2. Power-Educate.
Don’t just educate, Power-Educate. Just because you have a DVD rolling in your reception room doesn’t mean you’re educating. When the patient is in the chair, take that time to help them understand their dental condition. For example, when they have a diastema between their central incisors, be sure to tell your patient that while orthodontia is one treatment to consider, they also might benefit by having veneers. Explain the benefits and liabilities of both options. That helps “power” educate your patients so they can make an informed decision. Remember, everything you see is an opportunity to help your patients become master students about their oral health.

3. Motivate.
When informing and educating you help patients understand what they have to gain. Once your patient appreciates that they can afford to proceed with work as well as how your service can benefit them through more self-confidence, they become self-motivated. Many patients postpone cosmetic treatment because of a breakdown in Steps 1 or 2 above. When that occurs you seldom end up with a motivated patient. The result all too often is hearing your patient say, “Let me think about it.”

If you are bitten by the cosmetic dentistry bug and want to become recognized as one of the truly talented cosmetic dentists in your area then it’s time for you to step up your cosmetic program. Over the coming weeks I will be sharing with you some of the strategies that have been implemented by my dentist clients around the country. You can also find related information that I share in articles in Dentistry Today and Dental Products Report.

I’m sure you realize that it requires more than just taking courses or joining a cosmetic dental society to create a cosmetically focused dental practice. It requires dedication to achieving your goal – and the Silverman Institute of Cosmetic Dentistry will help you do exactly that with these articles – and it will be a fun and profitable journey – best of all your patients will be the beneficiary of our program.

You have my word on that.

Here’s a sneak preview of what you will find in the next edition of How To Become Recognized As The Cosmetic Dentist In Your Community:

5 Action Steps That Create Instant Demand For Cosmetic Dentistry

1. Creating Self Awareness through a Self Evaluation of your Practice
2. Scrap the Tabloids, Share some Smiles
3. Effective use of a Smile Analysis Form
4. Motivating Office Décor
5. Who’s your Smile Consultant?

About the author:

Dr  Harvey Silverman Dr. Harvey Silverman has successfully coached dentists on how to take their cosmetic dentistry practice to the next level since 1984. If you want information on how the Silverman Institute’s Cosmetic Dentistry Boot Camp Program can take your cosmetic practice to the next level, contact Dr Silverman at (216) 256-4599 or e-mail him at incrediblesmiles@aol.com.

Dr Silverman is the author of Best Cosmetic Dentistry Practices in Dental Products Report as well as Silverman On Smiles in Dentistry Today and is the inventor of the LifeLike Veneer System™ and the EasySmile Tooth Whitening System™ that will be available to dentists in 2012.

Tooth Whitening Wars in North Carolina: Is Your State Next?

The FTC and Teeth Whitening Wars in North CarolinaIn North Carolina, tooth-whitening services can be administered by non-dentists in hair salons, retail stores, and at kiosks in shopping malls.

And the FTC in North Carolina believes a dentist doesn’t need to be present.

In 2010 the North Carolina State Board of Dental Examiners attempted to reign in the non-dentists by sending out 42 letters notifying tooth-whitening providers that they were illegally practicing dentistry and ordered them to stop.

As reported by DrBicuspid.com, the U.S. Federal Trade Commission (FTC) then initiated an action against the North Carolina dental board, alleging that the board violated federal law in their attempts to block non-dentists from providing tooth-whitening services.

In February 2011, the dental board retaliated by filing a lawsuit against the FTC, accusing the commission of violating the U.S. Constitution in its attempts to keep the North Carolina State Board of Dental Examiners from regulating tooth-whitening services being offered by non-dentists.

A FTC judge fired back by denying the dental board’s motion to dismiss the FTC’s complaint and unanimously rejected the argument that the state action doctrine exempts it from antitrust scrutiny under the Federal Trade Commission Act.

The FTC judge further ruled that the North Carolina State Dental board’s efforts to block non-dentists from dispensing whitening services constitutes an illegal anti-competitive conspiracy.

In an email to DrBicuspid.com, Board attorney Noel Allen writes, “If a clear state statute, a century of court precedents, and the United States Constitution no longer allow the state of North Carolina, acting through its General Assembly, to define the practice of dentistry to protect our citizens from the illegal and unsafe practice of dentistry, then it should be the Congress or the U.S. Supreme Court that pronounces the death of that state right. The decision should not come from the FTC acting on its own initiative, without even so much as internal rule to support it.”

The North Carolina State Dental Board argues that they never tried to stifle competition and were only trying to protect the public from non-licensed dental treatments.

The battle between dentists and teeth-whitening providers is being fought in other states as well. Recently the Connecticut State Dental Commission ruled that tooth whitening is dentistry and can no longer be performed without a dentist present, while another judge ruled against the New Jersey Dental Association in their legal battle against a chain of tanning salons offering tooth-whitening services.

What are your thoughts? Do you think tooth-whitening services require a dental license?

For the entire story by DrBicuspid.com see: FTC Judge Rules That NC Dental Board Acted Illegally

Dentists: Has Tooth Whitening Gone Too Far? (video)

tooth whitening gone too farTooth whitening treatments have become one of the most frequently performed cosmetic dental services.

According to the American Academy of Cosmetic Dentistry, Americans spend more than $1.4 billion on over-the-counter teeth whitening products.

But has the quest for blindingly white teeth gone too far?

One prosthodontist complained to The Wealthy Dentist, “Too many people have the Regis Philbin look: teeth that are too big and too white that look fake!”

In the following survey video we asked dentists about the subject of tooth whitening and here’s what they had to say -

What do you think? Has tooth whitening gone too far?

Teeth Whitening Makes List for Back-to-School Shopping

Teeth whitening for back to schoolA new report indicates that 18% of parents say that they plan to get tooth whitening for their teen as part of going back to school.

The survey, by American Express, also apparently found that 9% of parents would be willing to pay for their kids' tattoos (yes, really!).

Teens tend to have naturally white teeth, so their passion for teeth bleaching might seem unusual… until, of course, you remember that they're teenagers. (And tooth whitening is certainly cheaper than braces…)

Read more: Back-to-school checklist: Whiter teeth & tattoos

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