HOUSE OF REPRESENTATIVES

H.C.R. NO.

161

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

requesting a sunrise review of regulating practitioners of teeth-whitening.

 

 

 


     WHEREAS, the Legislature considers maintaining the health of Hawaii's people to be one of its most important missions; and

 

     WHEREAS, oral health is one of the best indicators of a person's overall health, and the proper use of dental procedures is an important criteria in determining how dental services should be delivered; and

 

     WHEREAS, procedures used to treat consumers' dental needs should be conducted by trained individuals to ensure the health and safety of the public; and

 

     WHEREAS, recently, numerous kiosks have appeared in malls and other shopping areas to provide teeth-whitening procedures to the public; and

 

     WHEREAS, at these kiosks individuals who have no formal training, certification, or licensure in medicine, dentistry, or other health care profession provide teeth-whitening services by applying strong chemicals to the teeth of their customers; and

 

     WHEREAS, the procedures used in these teeth-whitening kiosks do not adequately protect customers from contamination caused by inadequate sterilization of teeth-whitening appliances that are used multiple times among different customers; and

 

     WHEREAS, numerous dentists have reported patients who had suffered burned gums and other parts of the mouth, as well as choking incidents, because whitening chemicals applied at the kiosks were not properly applied or were allowed to overflow, into the patient's mouth from the appliances used during the whitening process; and

 

     WHEREAS, dentists have also reported that their patients have suffered unnecessarily because the application of teeth-whitening chemicals by kiosk operators has masked decay and other problems, resulting in delayed treatment and extensive damage to teeth at greater cost to the patient; and

 

     WHEREAS, many customers of teeth-whitening kiosks have reported damage to the appearance of their teeth, including having their upper and lower teeth turn different shades after the procedure; and

 

     WHEREAS, other states have adopted laws limiting the application of potentially dangerous teeth-whitening agents to licensed dentists and licensed dental hygienists; and

 

     WHEREAS, section 26H-6, Hawaii Revised Statutes, requires a review by the Auditor before enactment of a measure that would subject an unregulated profession or vocation to licensing or other regulatory control; and

 

WHEREAS, Senate Bill No.51, S.D. 1, H.D. 1, introduced in the 2009 Regular Session, calls for regulating the practice of teeth-whitening; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, that the Auditor is requested to perform a sunrise review regarding the regulation of persons who engage in the practice of teeth-whitening; and

 

     BE IT FURTHER RESOLVED that the Auditor is requested to submit findings and recommendations, including any proposed legislation to the Legislature not later than twenty days prior to the convening of the Regular Session of 2010; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Auditor.

Report Title: 

Sunrise Review; Teeth-Whitening