Teeth whitening services

[MrsSmith]

Hi, I have had a lady coming to my salon for quite a few years now offering a teeth whitening service with great success. While browsing on facebook I came across a link that stated unless you are a qualified dental professional i.e a dentist, hygienist then it is illegal to perform this treatment. The lady I have has her own public liability insurance and a certificate from the company she trained with, but is not a trained dentist or hygienist. Has anyone come across this? I'm really concerned that as the salon owner if there ever was an issue I could be held liable and obviously i don't want any part in anything that is illegal. However I don't want to stop this arrangement if I'm jumping the gun. I have spoken to my insurance company and they are also at a loss as they said if she has insurance them they can't see an issue but can't guarantee it either! I have also spoken to my dentist who said under no circumstances should anyone (even with these certificates) should anyone other than a trained/trainee dentist, hygienist or dental professional be performing what he called a dentistry service. He also said he would be reporting anyone he found doing such activities to the dental council. I'm really at a loss please help x

 

[Carrie8320]

After a quick google I've discovered that the law changed from October last year to only allow dental professionals to perform the service. In addition to this, whoever she is buying supplies from is also breaking the law, unless of course she stocked up!! Seems as though she is being very dishonest and unfortunately it puts your business at risk if anything goes wrong. Please keep us informed- I'd live to know how you get on x

 

[Carrie8320]

Also it makes sense as to why you don't see 'teeth whitening' services anymore in shopping malls and so on- they were everywhere at one point! Xx

 

[squidgernetball]

I think it depends on what she is using to whiten teeth. There are certain things in certain strengths that are definitely illegal. I have been approached to have this in my place, but found it too much of a minefield!

 

[fozzyo]

I researched this recently too. The law changed based on the amount of peroxide in the product. Non dental persons can do it but only at the absolute lowest percentage. So it isn't anywhere near as effective as if done by dental practitioner.

 

[MrsSmith]

She has advised me that the products she uses are only 1% peroxide and that is why she is able to carry out the services. I said this to the dentist and he said no it has nothing to do with that and that any work performed on a persons teeth is dentistry and only to be done by dental professionals. From the research i have done this is also the info I've found. I don't believe she is being dishonest she genuinely believes that she is doing no wrong. I think I'm going to just call time on this arrangement. The dentist is adamant that if she is renting a space from me then I could be also held liable if something goes wrong and it's just too confusing x

 

[fozzyo]

Under the new law from October 2012, Cosmetic Product (Safety)(Amendment) Regulations 2012), only dental practitioners can purchase tooth whitening products containing or releasing more than 0.1% hydrogen peroxide up to 6% hydrogen peroxide.

The Regulations set out that products containing or releasing up to 6% hydrogen peroxide can be used, subject to conditions:

• To only be sold to dental practitioners
• For each cycle of use, first use by a dental practitioner; or
• Under their direct supervision, if an equivalent level of safety is ensured.
• Afterwards to be provided to the consumer to complete the cycle of use.
• Not to be used on a person under 18 years of age.

You can see more on this here.

And if you want something that is a bit more plain and simple how about the NHS website that states very clearly:

Some beauty salons offer teeth whitening, but this is illegal if there's no dental professional present, and it may put your oral health at risk.

So yes, I think you are very wise to stop this arrangement with immediate effect.

The only way around this I can see is to offer a treatment that uses no bleaching agent - not sure how that is going to work.

 

[MrsSmith]

Thank you very much for all your help. I have contacted her and advised her that I need to stop this arrangement now. She is understandably upset as she has been doing this for years and this is her living I feel really bad for her but I've just said there is too much conflicting information and in this day and age people are so quick to contact solicitors and try to sue etc that I can't take the risk with my business which I have worked so hard and put everything into.

 

[izzidoll]

I think you have done the right thing.
If this is this girls liveliehood then she really should have kept herself up to date with changing legislation and what effect it would have on her business.

 

[sanilulu]

I was talking to a client who is a dental hygienist about this a few weeks ago ... She said exactly the same and she's in the industry and said the legislation is immense to get round and to sort ins even with all her qualifications so how can a beauty therapist after a one day course!!!!

I'm very confused with it tho as there were about 4 different companies at the Bham beauty show doin these treatments !!
Not that I want to do it but I know of a few local therapist that have trained 'this year 'and provide this treatment.... How can they get ins in this case .... ??? ... But I know they wouldn't do the treatments without it, unless they are not fully aware!!!!

 

[fozzyo]

Dentists have very big and rich lobbying organisations getting MP's to change the law for them.

Apparently there hasn't been a single prosecution of a non-dentist performing whitening treatments. There is a fascinating thread on Wahanda if you Google for it.

I think it is far to say this a a grey area at best.

 

[c bare sticks]

There is a big organisation clamping down on it at the mo. The face book page stamp out illegal tooth whitening will tell you more. Ours is carried out by a dentist which always puts people at ease anyway and therefore they don't mind paying that bit extra

Sent from my GT-I9100 using SalonGeek

 

[4ogo]

One of my clients is a teeth whitening specialist. If you have any questions, just drop her an email, I'm sure she'd be happy to help. ([email protected])

Michael

Web and Graphic designer
4ogo

 

[tanfastic]

After a quick google I've discovered that the law changed from October last year to only allow dental professionals to perform the service. In addition to this, whoever she is buying supplies from is also breaking the law, unless of course she stocked up!! Seems as though she is being very dishonest and unfortunately it puts your business at risk if anything goes wrong. Please keep us informed- I'd live to know how you get on x

Sorry but that is totally incorrect. The law changed regarding the strength of Peroxide allowed which actually affects dentists as they were using silly amounts. According to the EU and trading standards it is legal as long as the product used is within the legal limits. The problem is in the application of the product. The dental council believes that it is an act of dentistry and therefore illegal for anyone other than certain dental professionals to carry out. There have been court cases and fines and the law is a bit of a grey area at the moment regarding this treatment. I posted some links a while back to some research I have done and will try to post them on here but if you search Teeth whitening on here you will find some very helpful info.

Mainly the change in law has made the dentists job more difficult which in turn makes them want to clamp down on the cosmeticians carrying out a similar service. Dentists can only use a maximum of 6% Peroxide now but there are bleach free products out there that are within the legal limits as they do not contain that product and this is where cosmeticians fit in. Unfortunately it brings us back to the fact that a non dental professional is putting their hands or fingers in your mouth. Even Dental nurses are not allowed to carry out the treatment but that is with peroxide, so we go round and round, no closer to a definitive answer.

There are ways to do the service above the law but the girl doing the treatment will probably need to change the way she carries out the treatment. PM me if you want I have made it a bit of a project to dig into this industry as it needs a black and white regulatory lay which currently does not exist

 

[LussoBeauty]

As long as she is not using above 0.1% peroxide she is not performing her service illegally, only dentist are able to use anything above this.

 

[Pinkpants]

I was in same position 3 years ago when it all came out and I stopped the salon treatments in my salon.