Hot Issue # 3:
Credential Advertisement

In 2007, the Colorado Board of Dental Examiners (Board) amended its rules to effectively bar the usage of general dentists’ earned credentials.  In all practical aspects, any Colorado Academy of General Dentistry (AGD) member who had earned AGD Fellowship or AGD Mastership would be barred from advertising these awards, unless they complied with some cumbersome rules.  Currently, section 5 of Rule XXVI specifically states, “Any advertisement stating recognition from an unaccredited school, organization or continuing education program must include a disclaimer that the Commission on Dental Accreditation does not accredit the school, organization, or continuing education program.” (Available at http://www.dora.state.co.us/dental/rules.pdf, page 37, last paragraph)

The AGD, along with several other general dentist oriented dental organizations, including the American Academy of Cosmetic Dentistry (AACD), the Academy of Laser Dentistry (ALD) and the American Academy of Implant Dentistry (AAID), refused to accept the imposition of such a rule.

After receiving a detailed letter from the AGD and allied organizations that voiced objections to the rule, the Board agreed to reconsider the amendment and formed a subcommittee to evaluate the text and possibly propose revisions.  This subcommittee proposed an amendment to Rule XXVI, on which the Board held a hearing for last Wed., Oct. 24, 2007.  (Read the subcommittee’s proposed amendment, page 3)

Each organization opposed to Rule XXVI approved text that could adequately be substituted for the offending section of the rule and advocated strongly for this suggested text to be accepted. AGD President, Vincent C. Mayher, DMD, MAGD, was the first to testify at the hearing, including, at the end of his testimony, the introduction of a rewrite of the rule (which became known as the “AGD rewrite”).  Representatives from other specialty organizations followed with their personalized testimony.  

After the testimony was over, the Board passed a motion to "pull" the entire Section 5(c) of Rule XXVI until such time as their ad-hoc subcommittee could readdress it and again attempt to craft an agreeable amendment, this time hopefully along the lines of the AGD rewrite.  "I was very impressed with the degree of professionalism that the Colorado Board of Dentistry displayed,” said Dr. Mayher. “I was especially delighted that they were willing to listen to and address our concerns.” 

While the Board deliberates how to structure the advertising rule, as a direct result of the Oct. 24, 2007 hearing, Section 5(c) has been stricken, meaning it is not currently in effect. The currently effective rule, which does not contain a burdensome disclaimer requirement, may be accessed here. After its January 2008 meeting, the Board will not meet again until April 23, the earliest date that another possible rulemaking hearing would occur. 

The AGD remains attentive to this issue and will make every effort to ensure that the final text of the advertising rule does not unduly burden the methods in which Fellows and Masters may share their awards with the public.

Contact Us
For more information, or if you have any questions or comments, please contact Shelly Fratamico, Manager, Advocacy, at 888.243.3368, ext. 4321, or via e-mail at advocacy@agd.org.