The Legal Side of Aesthetic Dentistry: Botox, Fillers, and Your Scope of Practice
As aesthetic treatments become increasingly popular, many dental professionals are exploring the integration of Botox and dermal fillers into their practices. These services can complement dental procedures, particularly those involving facial symmetry, TMJ disorders, and prosthetic support. However, offering these treatments requires careful consideration of each state’s regulatory framework. Dentists in New York, New Jersey, and Pennsylvania must be particularly mindful of the varying legal requirements surrounding injectable pharmacologics.
In New York, the scope of practice for dentists is defined broadly. The New York State Education Law does not explicitly reference Botox or dermal fillers, but it does permit licensed dentists to perform procedures that restore and maintain dental health. As a result, dentists may administer Botox or fillers in the oral and maxillofacial area when such treatment is directly related to dental function or care. Stand-alone cosmetic procedures — such as wrinkle reduction not tied to dental treatment — are not clearly within the scope of practice for dentists and could pose licensure risks if pursued without a dental basis.
New Jersey, by contrast, has detailed regulations specifically addressing injectable pharmacologics. Dentists are permitted to use FDA-approved injectables such as Botox and dermal fillers, but only after completing a course approved by the New Jersey Board of Dentistry. Dentists must file proof of completion with the Board within 30 days. Notably, the Board of Dentistry has held that injectable pharmacologics may be used outside the peri-oral area for treatment of dentally-related conditions, provided the dentist is appropriately trained. The Board of Dentistry has maintained oral and maxillo-facial surgeons have an expanded scope of practice based on their extensive additional training.
In Pennsylvania, current policy permits dentists to administer Botox and fillers for both therapeutic and cosmetic purposes, provided such use falls within their scope of training. The Pennsylvania Board of Dentistry has issued guidance on this subject, but the Board is in the process of developing new regulations to clarify training standards and licensure requirements. Until those rules are finalized, dentists should proceed with caution, ensuring that any aesthetic treatments are supported by appropriate training and well-documented clinical justification.
For dental professionals interested in expanding their scope of services, Botox and dermal fillers can be a valuable addition — if they are administered in accordance with applicable laws. Practitioners must be diligent in understanding their state’s specific requirements, maintaining proper documentation, and ensuring that their training aligns with regulatory expectations. If your practice is considering integrating aesthetic services, it is advisable to consult with legal counsel to ensure full compliance and avoid unintended regulatory pitfalls.
Contact Evan Sampson, Counsel within the firm’s Health Care Practice Group, at esampson@postschell.com or 856-301-2561 to discuss practice policies for compliance with state and professional standards before incorporating Botox and fillers into your practice.
Disclaimer: This post does not offer specific legal advice, nor does it create an attorney-client relationship. You should not reach any legal conclusions based on the information contained in this post without first seeking the advice of counsel.
