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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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Is it legal for the South Dakota State Board of Dentistry to

Resolved Question:

Is it legal for the South Dakota State Board of Dentistry to make it illegal to use/sell/dispense teeth whitening products that are FDA approved for home use? I would think that a mall kiosk would be far safer than just sending it home to use without someone who has done the procedure themselves. I would like to set up a mall teeth whitening in Sioux Falls, SD.
Submitted: 6 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Yes, it is legal for the Board of Dentistry to control items that are FDA approved and deal with dental services. Since teeth whitening has been a traditionally dental procedure which dentists perform, the SDSBD is able to license, control, and deny the rights to non-dentists to practice or perform such procedures, as a means to protect the consumers, but really to also maintain a legal monopoly as well.


Dimitry Alexander Kaplun, Esq.
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