Tooth whitening - see your dentist first

The General Dental Council is here to make sure patients get the best standards of care and that the public can be confident that the profession is being properly regulated. If you’re thinking about getting tooth whitening, speak to your dentist. A dentist will be able to advise you whether or not you are suitable for tooth whitening treatment. Dentists, hygienists and therapists will be able to discuss the options available to patients along with an estimation of treatment costs.

Complaints about tooth whitening

We regard tooth whitening as dentistry and under the Dentists Act 1984, dentistry can only be legally undertaken by GDC registrants. When it comes to tooth whitening we state it can only be carried out by registered dentists, or hygienists or therapists working to a dentist’s prescription.

The issue of tooth whitening presents the GDC with a legally complex situation. Several companies which produce tooth whitening systems claim that, as tooth whitening agents are covered by the European Council Directive on Cosmetic Products (76/68.EEC), their agents are not practising dentistry.

We have been sent around six hundred complaints in the past three years about tooth whitening treatments being carried out in salons and clinics by non-registrants. We have written to relevant salons to give our position and are retaining their details for future action as considered appropriate. We are currently exploring different approaches to tackling the issue in order to protect the public in the most effective way.

We investigate allegations of patient harm as a result of tooth whitening and, where we have enough evidence, we will proceed with prosecution. We will also take action against any of our registrants who are carrying out this procedure outside our Scope of Practice guidance, which explains which members of the dental team should do this treatment.

If we receive information that the law is being broken, we can instruct our solicitors to investigate and gather evidence. This evidence goes through a two stage test in accordance with the code for Crown Prosecutors.

• Is there sufficient evidence for there to be a realistic prospect of conviction?
• If there is, is it in the public interest to pursue the matter to a prosecution?

Where these two tests are passed, our solicitors can take the case to a Magistrates’ Court. A fine can be imposed if the prosecution is successful.

If you have a complaint which involves:

• documented evidence of patient harm;
• a patient who is, or may be, willing to co-operate with the GDC; or
• an allegation of registrant practice outside the scope of practice guidance

Please call us on 0845 222 4141 or email us at illegalpractice@gdc-uk.org

For more information:
GDC statement on tooth whitening
Dental professionals' Q&A on tooth whitening