State lets whitening kiosks be

Regulators could decide case-by-case whether some require dentistry license

Smile. You can still get your teeth whitened on the cheap.

The state board of dental examiners spent two days discussing whether employees at teeth-whitening kiosks in malls were practicing dentistry without a license.

Their conclusion: not always.

"Basically, we can't make a blanket policy about all of these things," said Bobby White, chief operations officer of the state board. "The way they set up their practices may vary. Some may be within the standard. We will continue to follow up on a case-by-case basis."

White said the board received a number of complaints after several such kiosks began opening at shopping centers across the state. The kiosks sell teeth-whitening products and offer customers the chance to use them on site. They have proved popular because of their convenience and price: $100 compared with the $500 to $600 that dentists charge.

Dentists have complained that the kiosks are not licensed to do such work and that customers could be hurting their teeth.

White said that the state law defines the removal of stains from human teeth as a practice of dentistry. But added that there are a number of gray areas.

"You can go to the drugstore and buy whitening stuff," he said. "If that what's going on here, there are no problems. But if someone else helps you do that or makes claims that a dentist would make, that's where we will be concerned."

He said the board has sent 10 cease-and-desist letters to whitening practices across the state that it considers in violation of the licensing law, which is a misdemeanor. Two of those cases have been referred to the courts for an injunction, White said.

The two businesses operating in Triangle malls, iBrite Express and BleachBright, were not sent letters and continue to operate. Employees at those kiosks ask customers to place the whitening products or trays in their own mouths to ensure that employees are not seen as doing dental work.

White said the board will continue to investigate complaints to see whether whitening businesses are complying with the law. Violators will receive warning letters asking them to stop any questionable practices. If they don't, the board could refer the case to the courts or a district attorney's office, he said.

M. Alec Parker, executive director of the N.C. Dental Society, said the board acted properly.

"In my view," Parker said, the board "is not being too aggressive by going in and making accusations that may not be true."

Parker said the society is concerned that people are putting strong chemicals into their mouth without being warned about possible unwanted consequences. He said some people have had allergic reactions or extreme sensitivity to whitening chemicals. In addition, Parker said that not all teeth can be whitened.

"We are concerned whether there is someone on site assessing if they are a good candidate for whitening before they spend their money," he said. "This is something we want to keep an eye on."