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Is teeth whitening legal by unlicensed personnel working in

Resolved Question:

Is teeth whitening legal by unlicensed personnel working in mall kiosks in Illinois
Submitted: 7 years ago.
Category: Legal
Expert:  Legalease replied 7 years ago.
Hi Reyrey --

It appears that the illinois legislature has recently passed an act regulating this very activity.

225 I.L.C.S. 25/17 was revised and the following language added on 6/25/09:    

A person practices dentistry, within the meaning of the Act, who takes impressions of human teeth or places his or her hands in the mouth of any person for the purpose of (i) applying teeth whitening materials or (ii) assisting in the application of teeth whitening materials. Provides that a person does practice dentistry when he or she (i) discusses the use of teeth whitening materials with a consumer purchasing these materials, (ii) provides instruction on the use of teeth whitening materials with a consumer purchasing these materials, or (iii) provides appropriate equipment on-site to the consumer for the consumer to self-apply teeth whitening materials.

It seems that if you do those things,you are practicing dentistry, which you need a license to do. The current revisions do not discuss whether or not if an unlicensed peson is providing these services under the supervision of a dentist if that would be permissible. If you are concerned about this and would like to find out how these kiosk owners are permitted to do what you describe, you should contact the licensing agency in Illinois that licenses dentists, hygeniests, etc. There web site is as follows:   

http://www.idfpr.com/dpr/WHO/dent.asp


Good Luck.

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