Dentistry - General Dental Council statement on tooth whitening

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GDC tooth whitening comment
In January, the General Dental Council agreed a statement on tooth whitening. They said that the present situation was very unsatisfactory for both patients and practitioners. It is currently illegal for tooth whitening products to be supplied which contain more than 0.1% hydrogen peroxide, or for any associated products that release greater than this level of hydrogen peroxide.

However they pointed out that local Trading Standards officers are responsible for the enforcement of the cosmetics regulations and they knew that the national coordinating authority for Trading Standards had advised officers to take a 'low-key' approach to the enforcement of the cosmetics regulations, because they and the Department of Trade and Industry recognise that the current legal limit is much too low, and this is widely recognised within the Member States of the European Union.

The GDC said that it cannot offer immunity from prosecution by Trading Standards officers, and they would deal 'fully' with complaints received from patients and with any reports of convictions. They did confirm, however, that in the absence of a conviction they would not initiate disciplinary action solely on the basis that a product was used which contravened the Cosmetics Regulations. 'On the other hand, if the use of a particular product went beyond that, to raise an issue of professional standards or conduct, the GDC could and would investigate that thoroughly,' they stated.

Turning to ethical issues, the GDC reminded dentists that they must 'act in the best interests of the patient in providing a high standard of care' and obtain consent for treatment, which they must be competent to carry out. Such issues could arise in connection with any dental treatment proposed or carried out, including treatment designed to improve appearance, whether or not the dentist personally delivers the treatment or gives advice to patients about the use of home kits.

Finally they warned that it is open to patients to complain to the GDC about these matters, as with any form of care or treatment. Dentists must always check with their defence organisation to ensure they have indemnity, because different organisations have different rules and policies. Dentists should not assume that they would be covered in respect of the use of controversial bleaching products.

The GDC's statement is a useful statement of its views, but it is silent on two key issues. The first is whether they consider that a successful prosecution for supplying illegal cosmetics would affect the dentist's right to treat patients. Secondly, can a patient give fully informed consent to an illegal act?