Bill: HB 502, 83(R) - 2013

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
No Negative Neutral Negative Negative Negative

Author(s)

Ana Hernandez

Bill Caption

Relating to the practice of dentistry.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

Summary: Under current Texas law, certain training and licensing is required to perform specific acts associated with dentistry, such as diagnostics, surgical treatment, stain removal, and providing anesthesia. Teeth whitening treatment is not listed among the list of regulated dental services.  While many dental offices offer teeth whitening services, many non-dental small business entrepreneurs have been successful in setting up independent teeth whitening services. These businesses operate legally without a dental license as long as they do not perform any of the regulated dental services listed in the Occupation Code. HB 502 would place teeth whitening services under the same level of regulation as traditional dental services, effectively shutting down teeth whitening service providers that are not operated by licensed dentists.

Analysis: HB 502 is a classic trade protectionist bill supported by lobbyists on behalf of a well-connected industry. This bill is designed to protect dentists who offer teeth whitening services from competition by entrepreneurs who can offer the same service at less cost due to lower overhead. Under the auspices of “consumer protection” HB 502 constructs an unnecessary barrier to entry for teeth whitening businesses in order to protect a specific industry from competition.

Supporters of this bill have mentioned anecdotal stories about the dangers of using unlicensed cleaners instead of a licensed dentist. They have not provided data to support their claims. The Texas Legislature should not create new regulations based on anecdotes; it should craft well considered laws rooted in the U.S. and Texas constitutions and supported by evidence demonstrating the necessity of the legislation. Consumers in Texas are well equipped to make rational choices about the products and services they purchase, including cosmetic teeth whitening. Texans who want to whiten their teeth can do so at a dental office, at a teeth whitening service, or at home using over the counter products commonly available at retailers across the state. There is no evidence or empirical data to suggest that consumers need or want the “protection” required by HB 502.  Adding this regulation will only serve to reduce Texans’ market choices, drive up costs, and threaten jobs by making it more difficult or impossible for existing teeth whitening businesses to continue operating.

We recommend that legislators oppose HB 502.

Here are ten interesting facts for further consideration, courtesy of the Institute for Justice:


Source URL (retrieved on 03/28/2024 03:03 PM): http://reports.texasaction.com/bill/83r/hb502?print_view=true