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Requiring specialty labels to be association-approved is unconstitutional

The restriction of specialties in Texas to those recognized by the America Dental Association was unconstitutional, a federal district court held January 21 in favor of the American Academy of Implant Dentistry.

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, according to the district court judge.

In fact, the presiding Judge even suggested more venal motives 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.”

Read the case here.