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ASSEMBLY, No. 4419 STATE of NEW ASSEMBLY, No. 4419 STATE OF NEW JERSEY 217th LEGISLATURE INTRODUCED DECEMBER 15, 2016 Sponsored by: Assemblyman DECLAN J. O'SCANLON, JR. District 13 (Monmouth) Co-Sponsored by: Assemblywoman Handlin SYNOPSIS Prohibits licensure of persons performing teeth whitening services. CURRENT VERSION OF TEXT As introduced. (Sponsorship Updated As Of: 1/11/2017) A4419 O'SCANLON 2 1 AN ACT concerning the practice of teeth whitening and amending 2 R.S.45:6-19. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. R.S.45:6-19 is amended to read as follows: 8 45:6-19. Any person shall be regarded as practicing dentistry 9 within the meaning of this chapter who 10 (1) Uses a dental degree, or the terms "mechanical dentist" or 11 the use of the word "dentist" in English or any foreign language, or 12 designation, or card, device, directory, poster, sign, or other media 13 whereby he represents himself as being able to diagnose, treat, 14 prescribe or operate for any disease, pain, deformity, deficiency, 15 injury, or physical condition of the human tooth, teeth, alveolar 16 process, gums, cheek, or jaws, or oral cavity and associated tissues; 17 or 18 (2) Is a manager, proprietor, operator, or conductor of a place 19 where dental operations are performed; or 20 (3) Performs dental operations of any kind gratuitously, or for a 21 fee, gift, compensation or reward, paid or to be paid, either to 22 himself or to another person or agency; or 23 (4) Uses himself or by any employee, uses a Roentgen or X-ray 24 machine for dental treatment, dental radiograms, or for dental 25 diagnostic purposes; or 26 (5) Extracts a human tooth or teeth, or corrects or attempts to 27 correct malpositions of the human teeth or jaws; or 28 (6) Offers and undertakes, by any means or method, to diagnose, 29 treat or remove stains or concretions from human teeth or jaws; or 30 (7) Uses or administers local or general anesthetics in the 31 treatment of dental or oral diseases or in any preparation incident to 32 a dental operation of any kind or character; or 33 (8) Takes impressions of the human tooth, teeth, jaws, or 34 performs any phase of any operation incident to the replacement of 35 a part of a tooth, teeth, or associated tissues; or 36 (9) Performs any clinical operation included in the curricula of 37 recognized dental schools or colleges. 38 The terms manager, proprietor, operator or conductor as used in 39 this chapter shall be deemed to include any person who 40 (1) Employs operators or assistants; or 41 (2) Places in the possession of any operator, assistant, or other 42 agent such dental material or equipment as may be necessary for 43 the management of a dental office on the basis of a lease or any 44 other agreement for compensation for the use of such material, 45 equipment or office; or EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. A4419 O'SCANLON 3 1 (3) Retains the ownership or control of dental material, 2 equipment or office and makes the same available in any manner 3 for the use by operators, assistants or other agents; provided, 4 however, that the above shall not apply to bona fide sales of dental 5 material or equipment secured by chattel mortgage. 6 The following practices, acts and operations shall not be 7 regarded as practicing dentistry within the meaning of this chapter: 8 (1) The treatment of the diseases of the mouth and practice of 9 oral surgery, in the practice of his profession, by a physician or 10 surgeon, licensed as such under the laws of this State, unless he 11 undertakes to reproduce or reproduces lost parts of the human teeth 12 in the mouth or to restore or replace lost or missing teeth in the 13 mouth; or 14 (2) The practice of dentistry in the discharge of their duties by 15 dentists in the United States Army, Navy, United States Public 16 Health Service or [Veterans Bureau] Department of Veterans 17 Affairs; or 18 (3) The operation of a dental school or college as now 19 conducted and approved, or as may be approved, by the [Board of 20 Dental Examiners] New Jersey State Board of Dentistry; and the 21 practice of dentistry by students in any such dental school or 22 college approved by the board, when acting under the direction and 23 supervision of any registered and licensed dentist acting as 24 instructor; or 25 (4) The practice of dentistry by licensed dentists of other States 26 or countries at meetings of the American Dental Association or 27 component parts thereof, or any other like dental organizations, 28 while appearing as clinicians; or 29 (5) The practice of dentistry by accredited internes operating in 30 hospitals under the supervision of registered and licensed dentists; 31 or 32 (6) The use of Roentgen or other rays for making radiograms or 33 similar records of dental or oral tissues under the supervision of a 34 licensed dentist or physician; provided, however, that such services 35 shall not be advertised, by any name whatsoever, as an aid or 36 inducement to secure dental patronage; and provided, further, that 37 no corporation shall advertise that it has, leases, owns or operates a 38 Roentgen or X-ray machine for the purpose of making dental 39 radiograms of the human teeth or tissues of the oral cavity, or 40 administering treatment thereto for any disease thereof; or 41 (7) The making of artificial restorations, substitutes, or 42 appliances for the correction of disease, loss, deformity, 43 malposition, dislocation, fracture, or injury to the jaws, teeth, lips, 44 gums, cheeks, palate, or cases, models, or from impressions 45 furnished by a licensed and registered dentist, on written 46 prescription only; provided, that such prosthetic or orthodontic 47 appliances, or the services rendered in the construction, repair, or 48 alteration thereof, shall not be advertised, sold or delivered, A4419 O'SCANLON 4 1 directly or indirectly, to the public by the dental technician or 2 dental laboratory as principal or agent; or 3 (8) The practice of teeth whitening when performing that service 4 for the general public for compensation. 5 There shall be no requirement for procuring a license to engage 6 in the practice of teeth whitening under any provision of chapter 6 7 of Title 45 of the Revised Statutes. 8 As used in this section: 9 “Practice of teeth whitening” means: 10 (1) Discussing the use of teeth whitening equipment and teeth 11 whitening materials with a consumer who is interested in 12 purchasing equipment or materials; 13 (2) Providing instruction on the use of teeth whitening 14 equipment and teeth whitening materials to a consumer who is 15 using the equipment and materials; 16 (3) Providing teeth whitening equipment on-site to the consumer 17 for the consumer to self-apply teeth whitening materials; or 18 (4) Providing other assistance and instruction before, during, 19 and after the teeth whitening process, including the adjustment of 20 chairs, the positioning of teeth whitening lights, and the disposal of 21 discarded teeth whitening materials. 22 “Teeth whitening equipment” means teeth whitening trays, teeth 23 whitening applicator pens, vitamin E swabs, teeth wipes, cheek 24 retractors, chairs, emesis bowls, and LED whitening lights, except 25 that an LED whitening light shall not be used for placement in a 26 consumer’s mouth unless it is covered with a disposable plastic 27 barrier sleeve. “Teeth whitening equipment” shall not mean any 28 high temperature lamp, including halogen lamps or lasers. 29 “Teeth whitening materials” means nonprescription teeth 30 whitening powders or gels, including those powders or gels that 31 contain carbamide peroxide, hydrogen peroxide, or other over-the- 32 counter whitening agents. 33 (cf: P.L.1942, c.38, s.1) 34 35 2. This act shall take effect immediately. 36 37 38 STATEMENT 39 40 This bill provides that performing teeth whitening services for 41 the general public for compensation will not be regarded as 42 practicing dentistry under the law regulating the licensure and 43 registration of dentists, dental hygienists, and dental assistants, and 44 prohibits any requirement for procuring a license to engage in the 45 practice of teeth whitening A4419 O'SCANLON 5 1 The bill defines “practice of teeth whitening” as: 2 (1) Discussing the use of teeth whitening equipment and teeth 3 whitening materials with a consumer who is interested in 4 purchasing equipment or materials; 5 (2) Providing instruction on the use of teeth whitening 6 equipment and teeth whitening materials to a consumer who is 7 using the equipment and materials; 8 (3) Providing teeth whitening equipment on-site to the consumer 9 for the consumer to self-apply teeth whitening materials; or 10 (4) Providing other assistance and instruction before, during, 11 and after the teeth whitening process, including the adjustment of 12 chairs, the positioning of teeth whitening lights, and the disposal of 13 discarded teeth whitening materials. 14 Under this bill, a person that engages in the practice of teeth 15 whitening for the general public for compensation will not be 16 regarded as practicing dentistry and will not be required to procure 17 a license to engage in the practice of teeth whitening. .
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