Florida judge rules against law restricting dental advertising

Apr 7, 2009

A Florida judge has ruled that a state law restricting how dentists can advertise credentials issued by bona fide professional organizations is unconstitutional and violates the First and 14th Amendments of the U.S. Constitution, according to the American Academy of Implant Dentistry (AAID).

“The Court found that these advertising restrictions were unconstitutional on many grounds.”
— Frank Recker, D.D.S., J.D.,
AAID chief counsel

The verdict "is a victory for consumers evaluating the qualifications and experience of dentists who perform implant procedures and for practitioners entitled to promote their credentials to the public," the AAID said in a press release.

At issue was a Florida statute preventing advertising of membership in or credentials earned from any dental organization not recognized by the Florida Board of Dentistry (FBD). Florida's dental board only recognizes specialty credentials issued by the ADA. Thus, implant dentists who wanted to advertise their AAID credentials had to include a disclaimer that implant dentistry is not a recognized specialty of ADA or the FBD and that AAID is not a recognized specialty accrediting organization.

The case stemmed from multiple challenges to the constitutionality of the Florida statute by dentists with credentials from AAID, the Academy of General Dentistry, and the American Academy of Cosmetic Dentistry. Circuit Court Judge Frank Sheffield ruled in favor of the plaintiffs on April 3.

"The Court found that these advertising restrictions were unconstitutional on many grounds. They violated the Florida constitution's guarantee of the right to be rewarded for industry or professional achievement and First and Fourteenth Amendment rights of free speech and equal protection of the law," said Frank Recker, D.D.S., J.D., AAID's chief counsel, in the press release.

AAID President Beverly Dunn, D.D.S., added that the Florida decision establishes a strong precedent that could form the basis for challenging advertising restrictions in other states, if necessary.

"Demand for dental implants is rising, and more dentists need comprehensive training to become highly skilled at implant procedures," she said in the release. "Attending a weekend course isn't enough. There is a higher level of risk with the procedure if the dentist has limited experience."

The AAID noted that it offers a comprehensive implant dentistry credentialing program that requires at least 300 hours of postdoctoral instruction in implant dentistry, passing a comprehensive exam, and presenting to a group of examiners successful cases of different types of implants.