The resources referenced here are intended to provide general information for you. Please consult your healthcare provider for individual information on your specific questions/condition.
Teeth Whitening
The Minnesota Board of Dentistry does NOT certify or license teeth whitening businesses. The Board regulates individual licensed dental providers, and unless a Licensee of the Board is providing dental services at a teeth whitening business, the Board’s jurisdiction is very limited. For non-licensed providers involved in a teeth whitening business, Board staff may suggest that they contact their own business attorney to assist them in ensuring that their business’ actions, claims, or appearance are not intersecting into the practice of dentistry.
The practice of dentistry is defined in Minnesota Statutes 150A.05. The language of Subpart 1(6) of this law, related to removing stains or accretions from human teeth is in reference to mechanical removal of plaque, calculus, and stain. In contrast, teeth whitening is considered to be is the temporary lightening of stains on the teeth; it is not the mechanical removal of stain. For instance, the American Dental Association (ADA) description for a prophylaxis (dental “cleaning”) service code D1110 states: "A dental prophylaxis performed on transitional or permanent dentition, which includes scaling and polishing procedures to remove coronal plaque, calculus, and stains.”
The Board may find conflict if a non-dentist is involved with procedures or activities that are defined in the practice of dentistry and involve intraoral care. If the Board were to receive a complaint alleging that the business is involved with the unlicensed practice of dentistry, the Board may look into the matter pursuant to Minnesota Statutes §150A.11 and Minnesota Statutes §150A.12. However, the Board’s jurisdiction is limited to licensed dental providers in the state of Minnesota.
Questions about the information here can be directed to an attorney who assists clients with their business plan.
