The Kansas Dental Board announced today that One Hour Smile will not appeal a July Shawnee County District Court decision that enjoins the company from providing teeth whitening or bleaching services.
The Court determined in the ruling that the teeth whitening services provided by One Hour Smile constitutes the illegal practice of dentistry and dental hygiene as defined in the Kansas Dental Practice Act. In the ruling, they issued the following findings:
A. One Hour Smile provides a service and procedure that alters the color and physical condition of natural teeth, which constitutes practicing dentistry pursuant to K.A.R. 71-11-1(a).
B. One Hour Smile provides a service and procedure that requires the positioning and adjustment of equipment or appliances for the purpose of altering the color or physical condition of the tooth, which constitutes practicing dentistry pursuant to K.A. R. 71-11-19(b).
C. One Hour Smile provides dental services which constitute the practice of dentistry pursuant to K.S.A. 65-1422(a).
D. One Hour Smile professes to perform dental services that constitute the practice of dentistry pursuant to K.S.A. 65-1422(a)
E. The service provided by One Hour Smile treats the physical condition of teeth which constitutes the practice of dentistry pursuant toe KSA 65-1422(f).
F. The service provide by One Hour Smile does remove stain from teeth and therefor falls within the definition of the practice of dentistry.
The Court also noted that there were no dentists associated with the One Hour Smile business and because they were professing to perform and did perform dental services.
“KDA Members are certainly welcome to report any operating teeth whitening business to us,” said Kansas Dental Board Executive Director Lane Hemlsey. “We receive reports like this regularly from dentists, hygienists and concerned citizens. As a matter of course, we open investigations into each teeth whitening business complaint.”