AAID files suit challenging how Texas recognizes dental specialties (28 pages)

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P

U BLI S H E D BY TH E

A

M E R ICAN

A

CADE MY OF

I

M PLANT

D

E NTI STRY

INSIDE:

Awesome Growth Strategy — Page 4
Ectodermal Dysplasia — Page 6
AAID Foundation – Thank you — Page 10
2014 Candidates for Credentialed Membership — Page 16

SPRING 2014

Editor’s Notebook

By David Hochberg, DDS,
FAAID, DABOI/ID

All great experiences must
come to an end. It is with
mixed emotions that I con-
clude my 12 years as Editor
of the AAID News. As I
begin my term as AAID
Secretary, it is important
that I focus my time and
attention on the strategic
initiatives for the Academy.
Over the past 12 years, the
AAID News has increased
in size as much as three-
fold. We have added new
features and have removed
some content that you, our
readers, no longer found
relevant. We have tried to
leverage the interactivity of
the Internet to make your
experience more robust.

My final issue as editor

will be the Summer 2014
issue. We are undertaking
a search for a credentialed
Academy member to take
over this position. A brief
position description can be

see Editor’s Notebook p. 17

AAID files suit challenging
how Texas recognizes
dental specialties

T

he American Academy of Implant
Dentistry filed suit in Federal
District Court in Austin, Texas, on

March 5, 2014, challenging the constitu-
tionality of a regulation promulgated by
the Texas State Board of Dental
Examiners that limits dentists from adver-
tising to the public as
“specialists.”

The flawed regulation

delegates the authority to
determine “specialties” and
which dentists can call
themselves “specialists” to
the American Dental
Association, a private trade
association over which the
Texas Board of Dental
Examiners has no control.
Specialty recognition is
entirely determined within the ADA
through a political process carried out by
competitor dentists, with no opportunity
for review or appeal by any licensed den-
tist in Texas. The offending regulation is
Texas Administrative Code Sec. 108.54.

The AAID was joined by three other

organizations that issue bona fide creden-
tials and certifications in various areas of
dentistry, such as implant dentistry, dental
anesthesia, orofacial pain, and oral medi-
cine. The plaintiff organizations are the
American Academy of Implant Dentistry,
the American Society of Dentist

Anesthesiologists, the
American Academy of Oral
Medicine and the American
Academy of Orofacial Pain.
Five individual Texas
licensed dentists are also
plaintiffs in the lawsuit.

“This law violates several

constitutional guarantees to
Texas dentists, including the
right to due process, equal
protection under the law
and the right to free speech.

This regulation is similar to a Florida
state statute that also deferred specialty
recognition to the ADA, which was
declared unconstitutional in 2009 (DuCoin
v Viamonte Ros),” according to Frank
Recker, DDS, JD, attorney for the AAID.

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