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Federal court broadens professionals’ specialty advertising

Restriction of specialties in Texas to those recognized by the America Dental Association is unconstitutional, a federal district court in Texas ruled in December (American Academy of Implant Dentistry v. Parker)

The ruling allows for properly certified dentists to inform their patients of their practice specialty, and advertise their specialty in the state of Texas.

Simply because a certain practice of dentistry, such as dental implantation, is not deemed a specialty by the ADA, does not mean the Association has a right to limit or extinguish a dentist’s right to advertise a select dental practice, the court found. The presiding judge suggested venal motives have been behind the ADA’s restrictive advertisement regulations: “the true purpose [of the Texas Regulation] is to protect the entrenched economic interests of organizations and dentists in ADA-recognized specialty areas.”

 

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