DAYSPA is the magazine of spa management. Spa owners and spa managers turn to DAYSPA for spa management trends, spa management tips and more.
Issue link: https://dayspamagazine.epubxp.com/i/311523
108 DAYSPA | JUNE 2014 LEGAL PAD Armed to the Teeth Dentists join the growing list of groups seeking to limit the professional purview of estheticians. By Michael L. Antoline, J.D. Over the years, we've shared in this column nu- merous stories about how state regulatory organiza- tions have worked to limit the scope of procedures spa professionals can perform. Exclusive rights to adminis- ter services such as microdermabrasion and chemical peels have been primary conquests of these regula- tory organizations, sometimes resulting in statewide mandates allowing only certain medical professionals to perform them—effectively prohibiting spa practitio- ners from offering these treatments. The attempts don't always work. A few years ago, a group of New Jersey dermatologists tried to prohibit estheticians from performing the lucrative Brazilian waxing procedure. They argued that the area of the body treated in this service was too close to mucous membranes, which rendered the procedure too danger- ous to be performed by any person not under the direct supervision of a physician. However, the spa industry's outcry compelled the State to back away from any plan to limit the procedure to dermatologists' offi ces. Are these types of regulatory efforts born out of some altruistic effort to protect the public? Not likely. More likely, they're an economic strategy whose goal is to limit the number of people who get to share the pie. A recent example is the dental profession, which is making a concerted effort to restrict the ability of spas to perform teeth-whitening procedures. This month, we show how this effort has shone a light on the badly compromised regulatory system that enables it. TOOTH AND NAIL The following stats easily reveal why dentists are up in arms about who is whitening people's teeth: • According to the American Academy of Cosmetic Dentistry (AACD), 99.7% of adults believe a smile is a key social asset, and 74% feel an unattractive smile can hurt a person's career success. • Teeth whitening is one of the most popular cos- metic procedures performed in the U.S. today, enjoying a steady yearly growth since 1990, according to the AACD. • Teeth whitening is the single-most-requested © SVETIKD/GETTY L e g a l P a d . i n d d 1 0 8 Legal Pad.indd 108 5 / 1 / 1 4 3 : 4 8 P M 5/1/14 3:48 PM