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AAID sues Texas Dental Board

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AAID sues Texas Dental Board
AUSTIN, TEXAS, USA: The American Academy of Implant Dentistry (AAID) has filed a lawsuit in U.S. District Court in Austin seeking to invalidate a Texas regulation that severely restricts dentists from advertising their bona fide AAID credentials in implant dentistry. In 2009 and 2010, AAID won judicial verdicts overturning similar rules enforced by state dental boards in Florida and California.

AAID’s chief legal counsel, Frank Recker, JD, DDS, informed the Texas Board of Dental Examiners in writing about the unequivocal judicial precedents and hoped to convince the board to rescind its restrictions and avoid litigation.

“The board did not respond to our communications for two years,” Recker said. “Because AAID’s credentialed members continue to be in jeopardy if they advertise their credentials, the academy decided to pursue legal action.”

Two Texas dentists holding AAID’s dental implant credentials, Dr. Jay Elliott of Houston and Dr. Monty Buck of Galveston, joined the lawsuit as individual co-plaintiffs.

AAID is seeking a permanent injunction and declaratory judgment to strike down the Texas regulation, which allows unrestricted advertising only for dental credentials and accreditations issued by organizations recognized as dental specialties by the American Dental Association (ADA).

Dentists with bona fide credentials not issued by ADA-recognized specialty organizations are required to include lengthy disclaimers in their advertising in Texas. This limitation, contends AAID, is burdensome and prohibits dentists from advertising true statements about credentials in implant dentistry earned from the AAID and the American Board of Oral Implantology (ABOI).

In Florida and California, the presiding judges ruled that such advertising restrictions violate the First and Fourteenth Amendments to the U.S. Constitution, which protect freedom of speech and equal protection of the laws. Recker said the legal precedents solidly favor AAID and Drs. Elliott and Buck.

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Source: www.dental-tribune.com

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