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Credentials & Awards AdvertisingAttaining awards and credentials in general dentistry requires a high level of rigor and study that should entitle the dentist to advertise the awards or credentials to the public to distinguish himself or herself from other dentists. Unfortunately, not all state dental boards and state legislatures understand this issue. Recent State Activity: FLORIDA: On April 3, 2009, Florida Circuit Court Judge Frank E. Sheffield ruled that a state statute that restricted the dental advertising of general dentists’ bona fide credentials and awards, such as the AGD’s FAGD and MAGD awards, violated the Florida Constitution and violated the First and Fourteenth Amendments of the U.S. Constitution. On April 28, 2009, the Florida Department of Health et al. appealed, challenging the circuit court’s decision. On June 16, 2009, the appellants gave notice of voluntary dismissal of their appeal, allowing the victorious decision for general dentistry to stand! The Florida state statute had required that advertisements of non-specialty credentials and awards must include the burdensome disclaimer that the credentials or awards were not affiliated with recognized dental specialties of the American Dental Association (ADA) or the Florida Dental Board (FDB) and that the credentials or awards were not attained through an accredited dental organization, such as the Commission on Dental Accreditation (CODA). The case stemmed from multiple challenges to the constitutionality of the Florida statute by dentists with credentials from the AGD, the American Academy of Implant Dentistry (AAID), and the American Academy of Cosmetic Dentistry (AACD). The AGD would like to thank the AAID for its years of herculean effort in leading and driving the challenge to the constitutionality of the Florida law. With the appeal dismissed, Florida AGD members are no longer prevented from advertising their AGD credentials and award to the public. Since several other states have tailored their advertising statutes after Florida’s, this decision may have far-reaching and positive implications for AGD members and members of other dental organizations. COLORADO: In 2007, the Colorado Board of Dental Examiners (CBDE) amended its rules to require that any Colorado AGD member who had earned and wished to advertise an FAGD or MAGD Awards must include a disclaimer in the advertisement that “the Commission on Dental Accreditation (CODA) does not accredit the school, organization, or continuing education program.” The AGD, along with other dental organizations, including the AAID, the AACD, and the ALD, opposed this rule as an unduly burdensome requirement that effectively deceived the public by implicating that dentistry awards and credentials earned through rigorous study and testing were not indicative of the abilities of a dentist to treat the public. The AGD and the other organizations traveled to Colorado from October 2007 through July 2008, provided testimony on multiple occasions, and urged the CBDE to withdraw its onerous disclaimer requirement. In 2008, the CBDE complied in pertinent part by withdrawing the disclaimer requirement. However, the CBDE retained alternate requirements that such awards and credentials be spelled out and not refered to as acronyms; further, the CBDE rule requires general dentistry practices to clearly spell out “general dentistry” in advertisements. Although the current requirements do continue to impose some burden on general dentists, the AGD is pleased that they do not discredit hard-earned awards and credentials, unlike the originally proposed rule amendment. For more information contact advocacy@agd.org. |
