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Credentials & Awards AdvertisingOther non-specialty and general dentistry organizations, such as the American Academy of Implant Dentistry (AAID), the Academy of Laser Dentistry (ALD), and the American Academy of Cosmetic Dentistry (AACD), have established their own requirements that general dentists must meet in order to earn their awards and credentials. Attaining 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. Therefore, educating state boards and legislatures on this matter–as well as providing support for or endorsement of litigation where necessary to ensure the right of general dentists to advertise their earned awards and credentials–remains a priority of AGD’s advocacy efforts. Recent State Activity: The AGD and the plaintiffs argue that a section (Section 651(h)(5)(A)) of the California Business and Professions Code is unconstitutional, at least as it has been used by the California Dental Board to restrict general dentists from advertising general practice awards and credentials that have been earned through rigorous educational study and testing but not in association with an institution accredited by the Commission on Dental Accreditation (CODA). 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. For more information contact advocacy@agd.org. |
brief toward the AAID’s lawsuit in California. An amicus curiae brief is a ‘friend of the court’ brief, filed by one who is not a party in the suit, usually supporting either the plaintiffs or the defendants. In this case, the AGD’s brief supports the plaintiffs, AAID and Dr. Michael L. Potts, a general dentist and Fellow of the AGD.
