White teeth: free markets in dentistry.

• Author: Watkins, Tate
• Position: Citings - Brief article

IN 2008, Lisa Martinez opened a teeth whitening salon at a mall in Waterford, Connecticut. The business thrived. But thanks to a recent decision by the Connecticut State Dental Commission, Martinez could face a felony charge punishable by up to five years in prison and $25,000 in fines if she continues to brighten smiles.

Businesses like Martinez's have gobbled up the teeth whitening market in recent years, applying over-the-counter products for about a quarter of what dentists charge. That may explain why the commission, which consists almost entirely of licensed dentists, made it a crime last June for anyone but a licensed dentist to offer such services.

The commission has statutory authority to define "the practice of dentistry," which requires a state license. In concluding that teeth whitening qualifies, it cited "inherent risks" associated with the service. But its chairwoman, Jeanne Strathearn...